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Last updated: October

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28, 2024

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1. Applicable Law

   1. Uniform Electronic Transactions Act: Maryland has adopted the Uniform Electronic Transactions Act (ACM Commercial Law 21-101 through 21-120) in substantially amended form, including the provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (ACM Comm. Law 21-110).

   2. Uniform Real Property Electronic Recording Act: Maryland has adopted the Uniform Electronic Transactions Act (ACM Real Property 3-701 through 3-707), including the provision on notarization: “A requirement that a document or signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act and all other required information is attached to or logically associated with the document or signature” (ACM Real Property 3-702[c]).

   3. Revised Uniform Law on Notarial Acts: Maryland has enacted the Revised Uniform Law on Notarial Acts, which authorizes Notaries to perform notarial acts on electronic records (ACM St. Gov’t 18-220 and 18-223).

2. Tamper-Evident Technology: “A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records” (ACM St. Gov’t 18-220[a][1]).
   “A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (ACM St. Gov’t 18-220[a][12]).
   “If the Secretary of State adopts regulations under [ACM St. Gov’t] § 18-222 of this subtitle to establish standards for approval of technology used to perform a notarial act with respect to an electronic record, the notary public shall use technology that conforms to the standards” (ACM St. Gov’t 18-220[b][2]).
   “If standards and regulations adopted by the Secretary of State under this subtitle require technology used to perform notarial acts with respect to electronic records, the Secretary of State shall approve the use of the technology” (ACM St. Gov’t 18-220[b][3]).

3. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

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