State Regulatory Developments

New Language Added to D.C.’s Revised Uniform Law on Notarial Acts, Setting Stage for Remote Notarization

The District of Columbia recently amended the Revised Uniform Law on Notarial Acts of 2018 (Section 807 of D.C. Act 23-405), adding language that defines “audio-video communication” as a means of enabling a notary public to view an individual and verify their identity to facilitate remote notarization.  While the amending language does not yet effectuate remote notarizations, it specifies that notarial transactions can be authorized by the Mayor in the event of a public health emergency so that an in-person appearance before a notary would not be required.

Some of the requirements for remote notarization are that the notary public and the individual seeking notarization communicate simultaneously by sight and sound using audio-video communication, and that the Mayor is notified by the notary of the intention to use remote communication and the type of audio-video communication intended to be used.  Other measures added to the Act are designed to ensure the notary can verify the individual’s identity with government documents or other means, confirm the individual’s statement or signature on a document being notarized, complete the transaction electronically, and record the performance of the notarial act.