Requirement of endorsement as electronic notary; selection of technology

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(a) A notary public shall not perform notarial acts with respect to electronic records unless the notary public has received an endorsement as an electronic notary pursuant to § 1-1231.19(i).

(b) An electronic notary may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. An electronic notary shall not be required to perform a notarial act with respect to an electronic record with a technology that the electronic notary has not selected.

(c) Before a notary public holding an endorsement as an electronic notary performs the notary's initial notarial act with respect to an electronic record, the notary shall complete a training course provided by the Mayor, shall take the oath prescribed for civil officers in the District of Columbia, identify the tamper-evident technologies the electronic notary intends to use, and file an exemplar of the electronic notary's electronic signature and official seal. If the Mayor has issued rules establishing standards for approval of technology pursuant to § 1-1231.31, the technology shall conform to the prescribed standards. If the technology conforms to the standards, the Mayor shall approve the use of the technology.

(Dec. 4, 2018, D.C. Law 22-189, § 21, 65 DCR 11606.)

Applicability

Applicability of D.C. Law 22-189: § 7153 of D.C. Law 23-16 repealed § 35 of D.C. Law 22-189. Therefore the creation of this section by D.C. Law 22-189 has been implemented.

Applicability of D.C. Law 22-189: § 35 of D.C. Law 22-189 provided that the creation of this section by § 21 of D.C. Law 22-189 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of applicability provision of D.C. Law 22-189, see § 7153 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-189, see § 7153 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).


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