*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.*
*NOTE: This section includes amendments by emergency legislation that will expire on October 22, 2021. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.
(b) Notwithstanding any provision of District law, during the period of time from March 11, 2020, until November 5, 2021, the Mayor may authorize, without the personal appearance of the individual making the statement or executing the signature, notarial acts required or permitted under District law if:
(1) The notary public and the individual communicate with each other simultaneously by sight and sound using audio-video communication; and
(2) The notary public:
(A) Has notified the Mayor of the intention to perform notarial acts using audio-video communication and the identity of the audio-video communication the notary public intends to use;
(B) Has satisfactory evidence of the identity of the individual by means of:
(i) Personal knowledge or by the individual's presentation of a current government-issued identification that contains the signature or photograph of the individual to the notary public during the video conference; or
(ii) 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 nondriver identification card;
(C) Confirms that the individual made a statement or executed a signature on a document;
(D) Receives by electronic means a legible copy of the signed document directly from the individual immediately after it was signed;
(E) Upon receiving the signed document, immediately completes the notarization;
(F) Upon completing the notarization, immediately transmits by electronic means the notarized document to the individual;
(G) Creates, or directs another person to create, and retains an audio-visual recording of the performance of the notarial act; and
(H) Indicates on a certificate of the notarial act and in a journal that the individual was not in the physical presence of the notary public and that the notarial act was performed using audio-visual communication.
(Dec. 4, 2018, D.C. Law 22-189, § 6, 65 DCR 11606; June 24, 2021, D.C. Law 24-9, § 807(b), 68 DCR 004824; July 24, 2021, D.C. Act 24-125, § 3(dd)(1), 68 DCR 007342.)
Emergency LegislationFor temporary (90 days) amendment of this section, see § 3(dd)(1) of Public Emergency Extension and Eviction and Utility Moratorium Phasing Emergency Amendment Act of 2021 (D.C. Act 24-125, July 24, 2021, 68 DCR 007342).
For temporary (90 days) amendment of this section, see § 807(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) amendment of this section, see § 807(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 807(b) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 807(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 807(b) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 807(b) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 807(b) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).