D.C. Mun. Regs. tit. 17, r. 17-2407

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 17-2407 - NOTARY SIGNATURE AND CERTIFICATE REQUIREMENTS

2407.1

When a notary public commissioned by ONCA signs the certificate of a completed notarial act, the notary shall sign the certificate using the exact name that appears on the notary's certificate of commission and his or her seal.

2407.2

Notarial acts performed shall, except in the case of notarial acts authorized under a commission from the federal government, be evidenced by a notarial certificate. The notarial certificate shall:

(a) Be executed contemporaneously with the performance of the notarial act;

(b) Be dated;

(c) Identify the jurisdiction in which the notarial act is performed;

(d) Contain the notarial officer's title of office; and

(e) If the notarial officer is a notary public commissioned by ONCA:

(1) Be signed by the notary public in the same manner as on file with ONCA; and

(2) Indicate the date of expiration of the notary's commission.

2407.3

If a notarial act (other than a notarial act authorized by the federal government) regarding a tangible record is performed by a notary public, an official seal shall be affixed to or directly embossed on the certificate. If a notarial act (other than a notarial act authorized by the federal government) is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in Subsections 2407.2(b), (c) and (d) of this Section, an official seal may be affixed to or embossed on the certificate.

2407.4

A certificate of a notarial act is sufficient if it meets the requirements of Subsections 2407.2 and 2407.3 of this Section and it:

(a) Is in:

(1) A short form as set forth in Section 16 of the Act (D.C. Official Code § 1-1231.15);

(2) A form otherwise permitted by the law of the District; or

(3) A form permitted by the law applicable in the jurisdiction in which the notarial act was performed; and

(b) Sets forth the actions of the notary public.

2407.5

By executing a certificate of a notarial act, a notary public certifies that the notary has complied with the requirements, and made the determinations, specified in Sections 4 through 6 of the Act (D.C. Official Code §§ 1-1231.03, 1-1231.04, and 1-1231.05).

2407.6

A notary public shall not affix the notary's signature to, or logically associate it with, a certificate until the notarial act has been performed.

2407.7

If a notarial act is performed regarding a tangible record, a seal shall be part of or securely attached directly to the record. If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.

D.C. Mun. Regs. tit. 17, r. 17-2407

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)