Code of the District of Columbia

§ 1–1231.05. Personal appearance required.

(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 a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01, 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 8, 2020, D.C. Act 23-328, § 807(b), 67 DCR 7598.)