D.C. Mun. Regs. r. 17-2408

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 17-2408 - REQUIREMENTS FOR NOTARIAL ACTS: PERSONAL KNOWLEDGE; SATISFACTORY EVIDENCE OF OCCURRENCE AND PERFORMANCE

2408.1

A notary public who performs a notarial act pursuant to a commission or an electronic notary endorsement from ONCA shall do so within the geographic borders of the District of Columbia.

2408.2

A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

2408.3

A notarial officer has personal knowledge of the identity of an individual appearing before the notary if prior dealings between the officer and the individual give the officer reasonable certainty that the individual has the identity claimed.

2408.4

A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by means of:

(a) Current government-issued identification that is:

(1) A passport, driver's license, or government-issued non-driver identification card; or

(2) Another form of government identification issued to an individual, which contains the signature or a photograph of the individual and is satisfactory to the officer; or

(b) A verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify based on a current passport, driver's license, or government-issued non-driver identification card.

2408.5

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by [name of other individual] at the direction of [name of individual]" or words of similar import.

2408.6

A notarial officer, other than a notary public acting pursuant to a commission from the federal government, who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

2408.7

A notarial officer, other than a notary public acting pursuant to a commission from the federal government, who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

2408.8

A notarial officer, other than a notary public acting pursuant to a commission from the federal government, who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

2408.9

Electronic notarial acts shall conform to the requirements listed in these rules and Section 21 of the Act (D.C. Official Code § 1-1231.20).

2408.10

A notarial officer, other than a notary public acting pursuant to a commission from the federal government, who makes or notes a protest of a negotiable instrument shall follow the process to make or note such protest as set forth in D.C. Official Code § 28:3-505(b), "Evidence of Dishonor".

D.C. Mun. Regs. r. 17-2408

Final Rulemaking published at 63 DCR 9099 (7/1/2016); amended by Final Rulemaking published at 69 DCR 12856 (10/21/2022); amended by Final Rulemaking published at 70 DCR14646 (11/3/2023)