D.C. Mun. Regs. tit. 17, r. 17-2422

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 17-2422 - JOURNAL OF NOTARIAL ACTS REQUIRED

2422.1

Each notary public, including each electronic notary or remote notary, shall record each notarial act in a journal at the time of notarization in compliance with Section 19 of the Act (D.C. Official Code § 1-1231.18) and these rules as follows:

(a) The notary public shall maintain a journal in which the notary records all notarial acts that the notary performs. The notary shall retain the journal until required to transmit the journal to ONCA under paragraphs (e) and (f) of this Subsection.

(b) Requirements for the journal are as follows:

(1) A journal may be created on a tangible medium or in an electronic format.

(2) The notary may maintain a separate journal for tangible records. If the journal is maintained on a tangible medium, it shall be a permanent bound register with numbered pages. If the journal is maintained in an electronic format, it shall be protected with technology designed to allow a person inspecting the journal to determine whether there has been any tampering with its integrity.

(c) An entry in a journal shall be made contemporaneously with performance of the notarial act performed in the physical presence of the notary and contain the following information:

(1) The date and time of the notarial act;

(2) A description of the record, if any, and type of notarial act;

(3) The full name and address of each individual for whom the notarial act is performed;

(4) If the identity of the individual is based on personal knowledge, a statement to that effect;

(5) If the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of an identification credential when such a credential is used;

(6) The fee, if any, charged by the notary; and

(7) The signature of each individual for whom the notarial act is performed.

(d) If a notary public's journal is lost or stolen, the notary shall notify ONCA within ten (10) business days of discovering the journal was lost or stolen. The notary must purchase a new journal within fifteen (15) business days of discovering the journal was lost or stolen.

(e) If the notary public terminates his or her commission or endorsement or that commission or endorsement is revoked or suspended, the notary shall transmit the journal to ONCA.

(f) If the notary dies or is adjudicated incompetent, the notary's personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to ONCA.

D.C. Mun. Regs. tit. 17, r. 17-2422

Final Rulemaking published at 69 DCR 12856 (10/21/2022); amended by Final Rulemaking published at 70 DCR14646 (11/3/2023)