Code of the District of Columbia

§ 1–1231.19. Commission as notary public; endorsement as an electronic notary; qualifications; no immunity or benefit.

(a) An individual qualified under subsection (c) of this section may apply to the Mayor for a commission as a notary public. An applicant shall comply with and provide the information required by the rules issued by the Mayor and pay the application fee.

(b) The Mayor shall issue rules setting an application fee; provided, that the application fee shall not be less than $75; provided further, that there is no application fee for a notary public in the service of the governments of the United States or District of Columbia whose notarial duties are confined solely to official government business.

(c) An applicant for a commission as a notary public shall:

(1) Be at least 18 years of age;

(2) Be a citizen or permanent legal resident of the United States;

(3) Be a resident of or have a primary place of employment or practice in the District;

(4) Not be disqualified to receive a commission under § 1-1231.22; and

(5) Meet any other qualifications prescribed by rules issued by the Mayor.

(d) Before issuance of a commission as a notary public, an applicant for the commission shall:

(1) Take the oath prescribed for civil officers in the District;

(2) Complete a training class provided by the Mayor;

(3) File the notary's signature and deposit an impression of the notary's official seal with the Mayor; and

(4) Indicate, on a form provided by the Mayor, the language(s) of records in which the applicant intends to perform notarial acts; provided, that the applicant shall be required to read and write in the language of any record on which the applicant performs a notarial act.

(e) Except as provided in subsection (f) of this section, before issuance of a commission as a notary public, the applicant shall submit to the Mayor an assurance in the form of a surety bond or its functional equivalent in the amount of $2,000, or other amount prescribed by rules issued by the Mayor. The assurance shall be issued by a surety or other entity licensed or authorized to do business in the District. The assurance shall cover acts performed during the term of the notary public's commission and shall be in the form prescribed by the Mayor. If a notary public violates law with respect to notaries public in the District, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give 30-days' notice to the Mayor before canceling the assurance. The surety or issuing entity shall notify the Mayor not later than 30 days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in the District only during the period that a valid assurance is on file with the Mayor.

(f) A notary public commissioned on behalf of the government of the District of Columbia is exempt from the requirement of a surety bond under subsection (e) of this section.

(g) Upon an applicant's compliance with this section, the Mayor shall issue a commission as a notary public to an applicant for a term of 5 years subject to removal pursuant to § 1-1231.22. A certificate issued by the Mayor granting this commission shall be signed by the Secretary of the District of Columbia or the Secretary's designee.

(h) A commission to act as a notary public authorizes the notary public to perform notarial acts only within the District. The commission does not provide the notary public any immunity or benefit conferred by law of the District on public officials or employees.

(i) Not Funded.


(Dec. 4, 2018, D.C. Law 22-189, §§ 20, 35(a), 65 DCR 11606.)

Applicability

Applicability of D.C. Law 22-189: § 35 of D.C. Law 22-189 provided that the creation of subsection (i) of this section by § 20 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.