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October 18, 2024
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Qualifications: An applicant for a commission as a Maryland Notary Public must:
(a) be at least 18 years old,
(b) be of good moral character and integrity and abilities,
(c) live or have a place of employment or practice in the state of Maryland,
(d) have completed the course of study and examination required by law (see “Course” and “Exam” below for the effective date),
(e) if living in Maryland, be a resident of the senatorial district from which appointed, and if living outside Maryland, be a resident of a state that allows Maryland residents working in that state to serve as Notaries (ACM St. Gov’t 18-102[A]).
“By a 1964 constitutional amendment, a notary, unlike other State officers, may hold another public office” (HNP).Course: Beginning October 1, 2021, an initial or renewal applicant for a Notary commission must have completed the course covering the laws, regulations, procedures, and ethics relevant to notarial acts regularly offered by the Secretary of State (ACM St. Gov’t 18-102[B][1]). The Secretary may approve other entities to offer this course (ACM St. Gov’t 18-102[B][2]).
Exam: Beginning October 1, 2021, an initial applicant for a Notary commission must have completed the examination covering the laws, regulations, procedures, and ethics relevant to notarial acts regularly offered by the Secretary of State (ACM St. Gov’t 18-102[a][4][i]). The Secretary may approve other entities to offer this examination (ACM St. Gov’t 18-102[B][2]).
Application: Applicants for a new or renewal application must apply using the Maryland Secretary of State’s online application system. Prior to starting the online application process, applicants should view the instructions on how to apply (https://mdsos2.my.site.com and then click “New Notary Application Information”).
“The notary is responsible for reading and understanding State Government Article, Title 18, Annotated Code of Maryland, as well as regulations, handbooks, and other public guidance issued by the Secretary of State relating to responsibilities of notaries public and performance of notarial acts” (COMAR 01.02.08.08A).
In completing the application, applicants must upload a copy of their driver’s license or other valid government ID in PDF, JPEG, JPG or PNG format (HNP), cite three character references who are not family members or employers and preferably Maryland residents.
“A passport is not an acceptable ID for a Notary application because it does not contain your address” (HNP).
Applicants must also initial a series of application statements that emphasize the important duties of a Notary. Applicants must also know the legislative district where they reside and indicate their state senator or, in the case of non-residents, the county (or Baltimore City) in which they wish to be commissioned.
“If your State Senator has delegated their authority to approve your application to the Secretary of State, we will email your references for feedback directly. References must respond before we proceed. If your State Senator makes the determination about your application, they will review your application and may contact your references by mail, phone, and/or email” (HNP).
Applications completed online are signed using the applicant’s electronic signature. Payment of a $25 filing fee are paid by credit card, electronic check, or PayPal online using the online system. With the increase in the commissioning fee effective January 22, 2024, the prior service/convenience fee of $2 no longer is assessed.Background Check: Required.
“A background check will be conducted to ensure you disclosed any criminal convictions and civil judgments entered against you” (HNP).
The Division will forward the application to the respective state senator for endorsement. The senator may contact the character references. If the senator approves the application, it will be returned to the Secretary of State and an appointment will be made upon approval of the Governor. NOTE: Maryland legislation enacted in 2013 (Chapter 450, Senate Bill 190, effective October 1, 2013) permits state senators individually to delegate their responsibility to approve Notary commission applicants in their respective districts to the Maryland Secretary of State (ACM St. Gov’t 18-101[a] and 18-103[a]): “If a Senator has delegated approval …the application shall bear or be accompanied by the written approval of the Secretary of State.” If the office of Senator in the applicant’s senatorial district is vacant, any Senator may approve the application (ACM St. Gov’t 18-103[a][2][ii]).
The Secretary of State will notify the applicant of the decision regarding the applicant’s commission application by email (website, “Notary Public Application”).Public Inspection: The records of Notaries kept by the Secretary of State are open to public inspection, except under certain circumstances, as specified in ACM General Provisions 4-332(d). The information open to public inspection includes (ACM General Provisions 4-332[b]):
the Notary’s name;
the Notary’s business address or, if a business address is not provided to the custodian by the Notary, the Notary’s home address; (Note: this provision is effective October 1, 2021)
the Notary’s business telephone number, or if a business telephone number is not provided to the custodian by the Notary, the Notary’s home telephone number; (Note: this provision is effective October 1, 2021)
the issue and expiration dates of the notary public’s commission;
the date the Notary took the oath of office; or
the Notary’s signature.
“The Office of the Secretary of State may choose to publish information relating to the status of the commission of a notary public or former notary public, including the date of commencement and expiration of any suspension, nonrenewal, or revocation of the commission. Disclosure of information under this regulation is deemed compliant with General Provisions Article, §4-332(b)(4), Annotated Code of Maryland” (COMAR 01.02.08.12).
Oath and Commission: The Secretary of State issues a new Notary commission and sends it to the clerk of the circuit court in the applicant’s county of residence (or Baltimore City), or to the clerk of the county indicated by a non-resident applicant. The Secretary will send a notice of appointment or renewal to the applicant by email (HNP), directing the applicant to appear at the clerk’s office within 30 days to take an oath of office and pick up the new commission (ACM St. Gov’t 18-103[e][1]). Once the Secretary of State sends the commission to the courthouse, it is immediately available. Effective October 1, 2023, the appointed Notary must contact the clerk of the circuit court’s office to coordinate the time and place of taking the oath of office (ACM General Provisions 2-303). Once the Notary takes the oath, the clerk enters the date the oath was taken into their system and the system will generate an email to be sent to the Notary that contains an electronic copy of the commission certificate. No longer will the clerk issue a paper commission certificate. Failure to appear before the circuit court clerk within 30 days will result in revocation of the commission (ACM St. Gov’t 18-103[d][5]); HNP).
“A notary must be sworn in within 30 days of the issue date of the commission. The issue date is the date the approval email is sent” (HNP).
A fee of $10 is paid to the circuit court clerk for the commission and $1 for the clerk qualifying the Notary and registering the name, address and commission expiration date of the Notary, for a total of $11 (ACM St. Gov’t 18-103[e][3]). With the new commission in hand, the new Notary is qualified to notarize.Non-Residents: Out-of-state residents who work in Maryland may become Notaries (ACM St. Gov’t 18-101). However, only residents of states which reciprocally allow Maryland residents to become Notaries may qualify as Maryland Notaries. The application of each out-of-state resident is forwarded to a state senator chosen by the applicant, usually the state senator representing the district where the applicant works or which is closest to the applicant’s residence. Applicants may select the county (or City of Baltimore) in which they wish to be commissioned.
Reappointment: Notary commissions must be renewed within 60 days before and 30 days after the expiration date of the previous commission. Approximately two months before commission expiration, the Secretary of State will inform the Notary of the renewal of the application.
“Effective March 1, 2019, the Notary Division will no longer mail renewal reminders to Notaries. Renewal reminders will be sent by email only, to the email address associated with your registration. If you have changed email addresses or would like to change your email address, please be sure to go to the following link to update your profile” (using the Secretary’s online system) (website, “Notary Division”).
A Notary may initiate the renewal process using the Secretary of State’s online system.Electronic Mail Communications: “Effective January 1, 2021, and except for correspondence relating to enforcement actions, the Office of the Secretary of State will send all communications to notaries public using electronic mail only. Each notary public is responsible for ensuring the Office of the Secretary of State has a current and active email address” (COMAR 01.02.08.10).
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