580271 Amendments to Section 2403, "Signatures and Seals," of Title 17 of the DCMR, which would modernize the official notary seal to an ink embosser; thereby, creating a permanent photographically reproducible image.
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OFFICE OF THE SECRETARY OF THE DISTRICT OF COLUMBIA
NOTICE OF PROPOSED RULEMAKING
The Secretary of the District of Columbia, pursuant to the authority set forth in Mayor’s Order 97-177, dated October 9, 1997, 44 DCR 6131-6135 (October 24, 1997), hereby gives notice of her intent to take final rulemaking action to adopt the following amendments to Chapter 24, “Notaries Public” of Title 17, “Business, Occupations and Professions,” of the District of Columbia Municipal Regulations (DCMR) in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
The purpose of these amendments is to modernize the official notary seal to an ink embosser which will create a permanent photographically reproducible image as proposed in Bill 18-262 (NOTARY SEAL AMENDMENT ACT OF 2009).
Chapter 24, “Notaries Public,” of Title 17, “Business, Occupations and Professions,” of the
District of Columbia Municipal Regulations (DCMR) is amended as follows:
2403 SIGNATURES AND SEALS
2403.1 Each notary public commissioned in the District shall file his or her official signature and an impression of his or her official seal with the Office of the Secretary of the District of Columbia.
2403.2 A notary shall keep an official seal that is the exclusive property of the notary. When not in use, the seal shall be kept secure and accessible only to the notary.
2403.3 The seal shall not be possessed or used by any other person, nor be used for any purpose other than performing lawful notarizations.
2403.4 An official notary seal shall include the following elements:
(a) The notary’s name at the top, exactly as indicated on the commission;
(b) The words “Notary Public” in the center;
(c) The words “District of Columbia” at the bottom;
(d) The expiration date in the center; and
(e) A border in a circular shape no larger than 1.75 inches surrounding the required words.
2403.5 A notary public shall affix his or her official signature and official seal on every document notarized, at the time the notarial act is performed.
2403.6 An embossment inker shall be used in conjunction with the official seal, making the impression legible, permanent, and photographically reproducible.
2403.7 In the case that the document being notarized is made of a non-porous material, such as Mylar or a similar material to which standard ink will not adhere, an embossed seal shall be used alone or in conjunction with a non-porous, permanent ink that dries through evaporation, which will adhere without smearing.
2403.8 Notaries public commissioned prior to December 1, 2010, may use an official seal that does not comply with Section 2403.4 provided that seal is made visible with an embosser inker and coupled with an expiration stamp on all notarizations.
2403.9 Notaries public commissioned on or after December 1, 2010, must obtain an embosser that complies with Section 2403.4 upon being newly- or re-appointed.
All persons desiring to comment on the subject matter of this proposed rulemaking action shall submit written comments no later than thirty (30) days after the date of publication of this notice in the D.C. Register, to Juanett Davis, Interim Director, Office of Notary Commissions and Authentications or by using the “comment” feature available at the official website of the D.C. Register, www.dcregs.org. Copies of the proposed rules may be obtained between the hours of 9:00 a.m. and 5:00 p.m. at 441 4th Street, NW, Room 520 South, Washington, DC 20001.
