(a) Signing an entity filing shall be an affirmation under the penalties for making false statements that the facts stated in the filing are true in all material respects.
(b) Whenever this title requires a particular individual to sign an entity filing and the individual is deceased or incompetent, the filing may be signed by a personal representative of the individual on behalf of the individual.
(c) A person that signs a record as an agent or legal representative thereby affirms as a fact that the person is authorized to sign the record.
(d) If a person required by this title to sign or deliver a record to the Mayor for filing under this title does not do so, any other person that is aggrieved may petition the Superior Court to order:
(1) The person to sign the record;
(2) The person to deliver the record to the Mayor for filing; or
(3) The Mayor to file the record unsigned.
(e) If the petitioner under subsection (d) of this section is not the entity to which the record pertains, the petitioner shall make the entity a party to the action.
(f) A record filed under subsection (d)(3) of this section is effective without being signed.
(g) If a record delivered to the Mayor for filing under this title and filed by the Mayor contains inaccurate information, a person that suffers a loss by reliance on the information may recover damages for the loss from a person that signed the record or caused another to sign it on the person’s behalf and knew at the time the record was signed that the information was inaccurate.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(a)(10), 59 DCR 13171.)
This section is referenced in § 29-104.04 and § 29-104.07.
The 2013 amendment by D.C. Law 19-210 substituted “of entity filing” for “constitutes affirmation” in the section heading; added the (a) designation; and added (b) through (g).
Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.
Structure District of Columbia Code
Title 29 - Business Organizations. [Enacted title]
Chapter 1 - General Provisions
§ 29–102.01. Entity filing requirements
§ 29–102.03. Effective time and date
§ 29–102.04. Withdrawal of filed record before effectiveness
§ 29–102.05. Correcting filed record
§ 29–102.06. Duty of Mayor to file; review of refusal to file
§ 29–102.07. Evidentiary effect of copy of filed record
§ 29–102.08. Certificate of good standing or registration
§ 29–102.09. Signing of entity filing
§ 29–102.10. Delivery by Mayor
§ 29–102.11. Biennial report for Mayor
§ 29–102.13. Establishment of Corporate Recordation Fund; disposition of entity filing fees