Maryland - U.S. Notary Reference

Last updated: December 19, 2024

Notary Jurisdiction

Statewide (ACM St. Gov’t 18-109).

Notary Term Length

Four years (ACM St. Gov’t 18-103[c]).

Notary Bond

Not required by law.

Notary Seal

Required (ACM St. Gov’t 18-108).

Notary Journal

Required (ACM St. Gov’t 18-219).

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Commissioning Official

Though the Governor appoints and commissions Maryland’s Notaries (ACM St. Gov’t 18-101), the Secretary of State regulates and maintains records on them (ACM St. Gov’t 18-104, 18-222). Statute authorizes the Governor to delegate to the Secretary of State the duty of denying, refusing to renew, revoking, suspending, or imposing a condition of a commission of a Notary (ACM St. Gov’t 18-104[b][1]).

Contact Information

1. Address: Office of Secretary of State
   Notary Division
   16 Francis St.
   Annapolis, MD 21401

2. Phone: 410-974-5521

3. Website: https://sos.maryland.gov/Notary/Pages/default.aspx.

Laws, Rules, and Guidelines

1. Laws: Most Notary statutes are in the Annotated Code of Maryland (ACM), State Government Article (St. Gov’t), Titles 18, Subtitle 1 “Notaries Public” (comprising Sections 18-101 through 18-108) and Subtitle 2 “Revised Uniform Law on Notarial Acts (comprising Sections 18-201 through 18-227).

2. Rules: Rules regarding Notary fees are also in the Code of Maryland Regulations (COMAR): Title 01 (“Executive Department”), Subtitle 02 (“Secretary of State”), Chapter 08 (“Notary Public Fees”). Although the title of the chapter is “Notary Public Fees,” the scope of the rules extends to remote online notarizations, enforcement, and other matters.

3. Guidelines: Other guidelines for Notaries are in the “Handbook for Maryland Notaries Public” (January 2024) (HNP) issued by the Maryland Secretary of State.

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Commission Process

1. 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]).

2. Multiple Public Offices: “By a 1964 constitutional amendment, a notary, unlike other State officers, may hold another public office” (HNP).

3. Course: Required.
   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]).

4. Exam: Required.
   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]).

5. Application

   1. Online Filing: 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”).

   2. Mastery of Laws, Guidance: “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).

   3. Course and Exam: Applicants must successfully complete a Notary Public course of study and pass the Notary Public examination. An applicant who successfully completes both will receive a certificate of completion for the course and a certificate of passing the exam. The applicant must upload copies of both certificates.

   4. Government Identification: 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).

   5. References: The contact information for three references is required to complete the application.

   6. Application Statements: Applicants must also initial a series of application statements that emphasize the important duties of a Notary.

   7. Legislative District, State Senator: 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).

   8. Fee: 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.

   9. Electronic Signature: Applications completed online are signed using the applicant’s electronic signature.

6. 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, “New Notary Public Application”).

7. 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]):

   1. the Notary’s name;

   2. the Notary’s business address or, if a business address is not provided to the custodian by the Notary, the Notary’s home address;

   3. 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;

   4. the issue and expiration dates of the notary public’s commission;

   5. the date the Notary took the oath of office; or

   6. 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).

8. Oath and Commission

   1. Circuit Court: 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.

   2. Notification: 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]).

   3. Appointment: 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 Courts and Judicial Proceedings 2-211). 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).

   4. Fee: 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.

9. Non-Residents: Out-of-state residents who work in Maryland may become Notaries (ACM St. Gov’t 18-102[a][3][ii]). However, only residents of states which reciprocally allow Maryland residents to become Notaries may qualify as Maryland Notaries (ACM St. Gov’t 18-102[a][6]). 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.

10. Reappointment

    1. Online Filing: A Notary may initiate the renewal process using the Secretary of State’s online system.

    2. Email Renewal Notice: The Notary Division no longer mails renewal reminders to Notaries. Renewal reminders will be sent by email only, to the email address associated with a Notary’s registration (COMAR 01.02.08.10).

    3. Time Filing Window: 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.

11. 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).

Notification to Perform In-Person Electronic and Remote Notarial Acts

1. In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall:
   ”(i) notify the Secretary of State that the notary public will be performing notarial acts with respect to the electronic records; and
   ”(ii) identify the technology the notary public intends to use” (ACM St. Gov’t 18-220[b][1]).

2. Remote Notarial Acts:

   1. Requirement: “Before a notary public performs the notary public’s initial notarial act under subsection (a) of this section, the notary public shall notify the Secretary of State:
      ”(i) that the notary public will be performing notarial acts facilitated by communication technology; and
      ”(ii) of the technologies the notary public intends to use” (ACM St. Gov’t 18-214[k][1]).

   2. Current Notary Commission: “To perform remote notarial acts, a Maryland notary public shall be a currently commissioned Maryland notary public in good standing and shall:
      “(1) Notify the Office of the Secretary of State in writing of their intent to perform remote notarial acts using a form prescribed by the Office of the Secretary of State for this purpose before they may perform remote notarial acts;
      “(2) If the notary public intends to perform remote notarial acts using a remote online notary vendor:
      “(a) Identify the authorized remote online notary vendor or vendors they intend to use to perform such remote notarial acts;
      “(b) Notify the Office of the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor, if the notary public changes vendors; and
      “(c) If the notary public reasonably believes a remote online notary vendor previously selected does not allow the notary public to meet requirements set forth in State Government Article, Title 18, Subtitle 2, Annotated Code of Maryland, and any applicable regulations, the notary public shall promptly notify the Office of the Secretary of State in writing” (COMAR 01.02.08.07A[1]-[2]).

   3. Online Notification Form: The notification form for a Notary to inform the Secretary of State that the Notary will be performing remote online notarial acts may be found on the Secretary of State’s OneStop Notary portal.

   4. Expiration of Authority: “A notary public’s authority to perform remote notarial acts expires with the expiration of their notary public commission” (COMAR 01.02.08.07C).

   5. New Notification Required: A Notary who performs remote online notarial acts must submit a new remote notary notification form with the Office of the Secretary of State upon renewal of the Notary’s commission (COMAR 01.02.08.07B).

   6. Cancellation of Authority: “A notary public authorized to perform remote notarial acts may cancel their authorization by submitting a written notice to the Office of the Secretary of State” (COMAR 01.02.08.07D).

   7. Change of Vendor: A Notary who performs remote online notarial acts must notify the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor (COMAR 01.02.08.07A[2][b]).

Online Search

The state’s database of Notaries may be searched by entering any part of a last or first name or the name of a county. Information provided includes the Notary’s address and commission expiration date. The online Notary roll may be accessed through https://mdsos2.my.site.com/s/search-notary-database.

Jurisdiction

“A notary public may exercise all functions of the office of notary in any other county or city than the county or city for which the notary is appointed, with the same power and effect in all respects as if the same were exercised in the county or city for which the notary is appointed” (ACM St. Gov’t. 18-105).

Term Length

“The term of a notary public commission is 4 years” (ACM St. Gov’t. 18-103[c][1]).

Bond

Not required.

Changes of Status

1. General: “Notaries public are required to notify the Office of the Secretary of State within 30 days if, at any time during their commission, a notary public changes their:
   ”A. Name;
   ”B. Home address;
   ”C. Home phone number;
   ”D. Cell phone number, if one was provided at the time of application;
   ”E. Personal electronic mail (email) address;
   ”F. Business phone number;
   “G. Business address, if one was provided at the time of application;
   “H. Business electronic mail (email) address, if one was provided at the time of application; or
   “I. County of residence” (COMAR 01.02.08.09).

2. Name Change

   1. Online Filing: “Complete your change of name at: https://mdsos2.my.site.com” (HNP).

   2. Time Filing Window: ”Whenever the name of a notary is changed (for example, by marriage), within 30 days of the change, the notary shall notify the Secretary of State and the Clerk of the Circuit Court of the County, or Baltimore City, depending upon where the notary received the commission, through the Name and/or Address Change form available from the Secretary of State” (HNP).

   3. Use of Prior Name: “The notary may continue to perform official acts under the name in which the notary was commissioned until the expiration of the term. However, it is preferable to write on each document’s certificate New Name, commissioned as Prior Name. (e.g. Sally Jones, commissioned as Sally Johnson)” (HNP).

   4. Commission in New Name: “A notary who wishes to obtain a commission in a new name may do so through the Name and/or Address Change form available from the Secretary of State, which is to be completed and returned, along with the old commission. The notary must appear before the Clerk to be sworn in under their new name and must pay the Clerk of the Court’s fee, as described previously when renewing a commission. When the notary is sworn in for the new commission because of a change of name, the previous commission held in the old name is no longer valid” (HNP).

3. Address Change

   1. Online Filing: “Complete your change of address at: https://www.egov.maryland.gov/sos/notary/#/home.

   2. Time Filing Window: “Whenever the address of a notary is changed, within 30 days of the change, the notary shall notify the Secretary of State and the Clerk of the Circuit Court of the County, or Baltimore City, depending upon where the notary received the commission, through the Name and/or Address Change form available from the Secretary of State” (HNP).

   3. New Commission Not Required: “The notary may continue to perform official acts until the expiration of the term” (HNP).

   4. New Seal Not Required: “A new stamping device is not required if the notary has only changed their address even if the new address is not in the county or City of Baltimore where the notary received the commission and which appears on the notary’s stamping device” (HNP).

4. Personal Email Address: “Each notary public is responsible for ensuring the Office of the Secretary of State has a current and active personal email address” (COMAR 01.02.08.10).

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Authorized Acts

1. Notarial Acts: Maryland Notaries are authorized to perform the following notarial acts (ACM St. Gov’t 18-201[j][1]; 18-203[a]; COMAR 01.02.08.01B[4]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest copies;

   6. Note protests.

2. In-Person Electronic and Remote Notarial Acts: Maryland Notaries who have notified the Secretary of State that they will be performing technology-based notarial acts may perform any of the notarial acts listed above electronically or remotely.

Acknowledgments

1. Definitions

   1. Acknowledgment: “‘Acknowledgment' means a declaration by an individual before a notarial officer that:
      ”(1) the individual has signed a record for the purpose stated in the record; and
      ”(2) if the record is signed in a representative capacity, the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (ACM St. Gov’t 18-201[b]; COMAR 01.02.08.01B[1]).

   2. In a Representative Capacity: “'In a representative capacity' means acting as:
      “(1) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;
      “(2) a public officer, personal representative, guardian, or other representative, in the capacity stated in a record;
      “(3) an agent or attorney-in-fact for a principal; or
      “(4) an authorized representative of another in any other capacity” (ACM St. Gov’t 18-201[i]).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18-206 of this subtitle, that … the individual appearing before the notarial officer and making the acknowledgment has the identity claimed….” (ACM St. Gov’t 18-204[a]).

   2. Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18-206 of this subtitle, that … the signature on the record is the signature of the individual” (ACM St. Gov’t 18-204[a]).

   3. Prior Signature: “If the person requesting the notarial act has signed the acknowledgment prior to appearing before the notarial officer, the notarial officer no longer needs to make the person sign the acknowledgment again. The notarial officer, by receiving the acknowledgment from the individual after having satisfactorily identified that individual, is verifying that the signature on the record is the signature of the individual” (HNP).

   4. Steps for Acknowledgment: “The following is a step-by-step process for completing an acknowledgment:
      “1. The person making the acknowledgment must personally appear before the notarial officer, either in-person or by using communication technology.
      “2. The notarial officer must properly identify the person requesting the notarial act.
      “3. Record the details of the notarial act in the notary’s journal.
      “4. If not already signed by the person executing the record, observe the signing of the record.
      “5. Take the spoken statement of the individual executing the record. The person making the acknowledgment must state (i.e. acknowledge) to the notary public that the document constitutes his or her act and deed.
      “6. Complete and sign the notarial certificate on the record (including the expiration date of the notary’s commission if it is not on the notary’s stamping device).
      “7. Apply the notary’s stamping device to the notarial certificate on, affixed, or logically associated with the record” (HNP).

Oaths and Affirmations

1. Definitions

   1. Oath: “‘Oath’ means a sworn solemn statement of truth made under penalty of perjury by an individual who believes in and appeals to a Divine Being to evidence the seriousness of the individual’s actions or words” (COMAR 01.02.08.01B[7]).

   2. Affirmation: “‘Affirmation’ means a solemn statement of truth, made under penalty of perjury before a notary public” (COMAR 01.02.08.01B[2]).
      “If an oath is required by the Code, an affirmation is sufficient if made by an individual conscientiously scrupulous of taking an oath” (ACM Gen. Prov. 2-103).

2. Requirements: “An individual who administers an oath shall require the individual taking an oath to hold up a hand in recognition of the solemnity of the act unless:
   “(1) holding up a hand is not practicable; or
   “(2) it appears that another method would be more binding on the conscience of the individual taking the oath” (ACM Gen. Prov. 2-201).

Verifications

1. Definition: “'Verification on oath or affirmation' means a declaration made by an individual on oath or affirmation before a notarial officer that a statement in a record is true or that a remotely located individual has the identity claimed” (ACM St. Gov’t 18-201[t]; COMAR 01.02.08.01B[12]).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18-206 of this subtitle, that … the individual appearing before the notarial officer and making the verification has the identity claimed…” (ACM St. Gov’t 18-204[b]).

   2. Signature of Principal: “A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18-206 of this subtitle, that … the signature on the statement verified is the signature of the individual” (ACM St. Gov’t 18-204[b]).

   3. Oath/Affirmation: The certificate of notarial act for a verification on oath or affirmation reads, “Signed and sworn to (or affirmed) before me on the _____ day of _________, 20____, by _________ ” (ACM St. Gov’t, 18-216[d]). The notarial officer must administer an oath or affirmation to the principal.

   4. Witness Signature: The certificate of notarial act for a verification on oath or affirmation reads, “Signed and sworn to (or affirmed) before me on the _____ day of _________, 20____, by _________” (ACM St. Gov’t, 18-216[d]). The notarial officer must witness the principal execute their signature.
      “If the person requesting the notarial act has signed the verification on oath or affirmation prior to appearing before the notarial officer, the notarial officer no longer needs to make the person sign the verification on oath or affirmation again. The notarial officer, by receiving the verification on oath or affirmation from the individual after having satisfactorily identified that individual, is verifying that the signature on the record is the signature of the individual” (HNP).

   5. Steps for Verification: “The following is a step-by-step process for completing a verification on oath or affirmation:
      “1. The person making the verification on oath or affirmation must personally appear before the notarial officer, either in-person or by using communication technology.
      “2. The notarial officer must properly identify the person requesting the notarial act.
      “3. Record the details of the notarial act in the notary’s journal.
      “4. If not already signed by the person executing the record, observe the signing of the record.
      “5. Take the individual's spoken statement that the individual swears or affirms, that the contents of the document are true, either on the individual's personal knowledge, or to the best of the individual's knowledge, information, and belief.
      “6. Complete and sign the notarial certificate on the record (including the expiration date of the notary’s commission if it is not on the notary’s stamping device).
      “7. Apply the notary’s stamping device to the notarial certificate on, affixed, or logically associated with the record” (HNP).

Signature Witnessings or Attestations

1. Purpose: “This is the notarial act that a notarial officer will perform in a situation where there is no notarial wording already present on the record and the person requesting the notarial act simply wants their signature to be notarized. This notarial act replaces what was previously known as “notary as official witness” under the old law and regulations. Unless a person requesting a notarial act requests a different notarial act, witnessing or attesting to a signature is most likely the correct notarial act to perform, which requires a certificate to (sic) attach to the record to indicate a notarial act has been performed” (HNP).

2. Requirements

   1. Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18-206 of this subtitle, that the individual appearing before the notarial officer and signing the record has the identity claimed” (ACM St. Gov’t 18-204[c]).

   2. Witness Signature: The certificate of notarial act for a signature witnessing reads, “Signed (or attested) before me on the _____ day of _________, 20____, by _________” (ACM St. Gov’t, 18-216[d]). The notarial officer must witness the principal execute their signature.

3. Steps for Signature Witnessing: “The following is a step-by-step process for completing a witnessing or attesting a signature:
   “1. The person signing the document must personally appear before the notarial officer, either in-person or by using communication technology.
   “2. The notarial officer must properly identify the person requesting the notarial act.
   “3. Record the details of the notarial act in the notary’s journal.
   “4. If not already signed by the person executing the record, observe the signing of the record. If the document is already signed by the person executing the record, have the individual attest to the fact that the individual did sign the record.
   “5. Complete and sign the notarial certificate on the record (including the expiration date of the notary’s commission if it is not on the notary’s stamping device). If no notarial certificate is present on the record, affix the correct notarial certificate found below.
   “6. Apply the notary’s stamping device to the notarial certificate on, affixed, or logically associated with the record.

Copy Certifications

1. Requirements

   1. Full, True, and Accurate: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item” (ACM St. Gov’t 18-204[d]).

   2. Steps for Copy Certification: “The following is a step-by-step process for certifying a copy of a record:
      “1. The person requesting the notarial act must personally appear before the notarial officer, either in-person or by using communication technology.
      “2. The notarial officer must properly identify the person requesting the notarial act.
      “3. Record the details of the notarial act in the notary’s journal.
      “4. If the copy of the record was not already created by the person requesting the notarial act, observe the copying of the record. If the record was already copied by the person requesting the notarial act, examine the original and the copy to ensure the copy is a full, true, and accurate reproduction of the original record.
      “5. Complete and sign the notarial certificate on the record (including the expiration date of the notary’s commission if it is not on the notary’s stamping device). If no notarial certificate is present on the record, affix the correct notarial certificate found below.
      “6. Apply the notary’s stamping device to the notarial certificate on, affixed, or logically associated with the record (HNP).

2. Paper Printout of Electronic Record

   1. Authority: A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (ACM St. Gov’t 18-203[c]).

   2. Requirements

      1. Tamper-Evident: “A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record shall … reasonably determine whether the electronic record is in a tamper-evident format….” (ACM St. Gov’t 18-204[e][1][i]).
         “A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record may not make the certification if the notarial officer has detected a change or an error in an electronic signature or other information in the electronic record” (ACM St. Gov’t 18-204[e][2]).

      2. Personally Print or Supervise Printing: “A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record shall … personally print or supervise the printing of the electronic record onto paper or other tangible medium” (ACM St. Gov’t 18-204[e][1][ii]).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person” (ACM, Commercial Law 3-5-505[b]).
   “A protest is not required except upon dishonor of a draft which on its face appears to be either drawn or payable outside of the United States and its territories, and the District of Columbia” (HNP).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall make or note the protest in accordance with § 3-505(b) of the Commercial Law Article” (ACM St. Gov’t 18-204[f]).
   “The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (ACM, Commercial Law 3-5-505[b]).

Remote Notarial Acts

Definition: “'Remote notarial act' means a notarial act performed by a notary public for a remotely located individual using communication technology” (COMAR 01.02.08.01B[9]).

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Personal Appearance

1. Notarial Acts: “Subject to subsection (b) of this section, if a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (ACM St. Gov’t 18-205[a]).

2. Remote Notarial Acts: “A remotely located individual may comply with subsection (a) of this subtitle by using communication technology to appear before a notary public” (ACM St. Gov’t 18-205[b]). For the rules for performing notarial acts for remotely located individuals using communication technology, see “Remote Notarial Acts,” below.

Identification

1. Notarial Acts

   1. Requirement: A notarial officer who takes an acknowledgment or verification on oath or affirmation or witnesses or attests to a signature must identify the individual for whom the notarial act is performed using personal knowledge or satisfactory evidence of identity (ACM St. Gov’t. 18-204[a], [b], and [c]).

   2. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual personally appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (ACM St. Gov’t 18-206[a]).

   3. Satisfactory Evidence

      1. Written Identification: A Notary or notarial officer has satisfactory evidence of the identity of an individual if the Notary or notarial officer can identify the individual using a passport, driver’s license, consular identification, or government-issued nondriver identification card; or another form of government identification issued to the individual that contains the signature and photograph of the individual; and is satisfactory to the Notary or notarial officer (ACM St. Gov’t 18-206[b][1]).

      2. Credible Witness: A Notary or notarial officer also has satisfactory evidence of the identity of an individual by a verification on oath or affirmation of a credible witness who is personally appearing before the Notary or notarial officer and known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver’s license, consular identification, or government-issued nondriver identification card (ACM St. Gov’t 18-206[b][2]).

   4. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual” (ACM St. Gov’t 18-206[c]).

   5. Minors: “In some cases, identifying a minor can be as easy as looking at a current passport, or, if they are 16 or over, a valid driver’s license. However, many minors will not have an ID. Notaries may use a credible witness as described above in lieu of an ID” (HNP).

2. Remote Notarial Acts

   1. Definitions

      1. Remote Presentation: “'Remote presentation' means transmission to a notary public through communication technology of an image of an identification credential that is of sufficient quality to enable the notary public to reasonably identify the individual and to perform credential analysis” (ACM St. Gov’t 18-201[o]).

      2. Credential Analysis: “'Credential analysis' means a process or service by which a third party confirms the validity of an identification credential by a review of public or private data sources” (ACM St. Gov’t 18-201[d]).

      3. Identity Proofing: “'Identity proofing' means a process or service by which a third party provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (ACM St. Gov’t 18-201[h]).

   2. Personal Knowledge: A Notary may perform a notarial act for a remotely located individual whom the Notary can identify through the Notary’s personal knowledge (ACM St. Gov’t 18-214[a][1][i]).

   3. Credible Witness: A Notary may perform a notarial act for a remotely located individual whom the Notary can identify through “verification on oath or affirmation from a credible witness appearing before and identified by the notary public under [ACM St. Gov’t] § 18-206(b) of this subtitle or as a remotely located individual under this section” (ACM St. Gov’t 18-214[a][1][ii]).
      “If the notary public intends to perform remote notarial acts without identifying remotely located individuals through identity proofing and credential analysis the notary public shall submit a form used by the Office of the Secretary of State for this purpose and acknowledge that the notary public must have personal knowledge under State Government Article, § 18–206(a), Annotated Code of Maryland of the identity of the remotely located individual or have satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under State Government Article, § 18206(b), Annotated Code of Maryland or as a remotely located individual under this section” (COMAR 01.02.08.07A[3]).

   4. Multifactor Identification: A Notary may perform a notarial act for a remotely located individual whom the Notary can identify through the three-fold combination of remote presentation of an identification credential described in ACM St. Gov’t 18-206(b), credential analysis of the identification credential, and identity proofing of the individual (ACM St. Gov’t 18-214[a][1][ii]).

   5. Standards: “If the Secretary of State establishes by regulation the standards for approval of communication technology, credential analysis, or identity proofing under § 18-222 of this subtitle, the communication technology, credential analysis, and identity proofing used by a notary public must comply with the standards (ACM St. Gov’t 18-214[k][2]).

      1. Credential Analysis Standards: “Unless the Secretary of State adopts an applicable and superseding regulation under [ACM St. Gov’t] § 18-222 of this subtitle in the manner provided in this subsection, a notary public shall comply with the requirements of this section when performing a notarial act with respect to an electronic record or a remotely located individual” (ACM St. Gov’t 18-223[a][1]).
         “[C]redential analysis shall be performed by a reputable third party who has provided evidence to the notary public of the ability to satisfy the requirements of this section” (ACM St. Gov’t 18-223[b]).
         “Credential analysis must use public or private data sources to confirm the validity of an identification credential presented by a remotely located individual and shall, at a minimum:
         ”(1) use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
         ”(2) ensure that the identification credential passes an authenticity test, consistent with sound commercial practices that:
         ”(i) use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features;
         ”(ii) use appropriate technologies to confirm that the identification credential is not fraudulent or inappropriately modified;
         ”(iii) use information held or published by the issuing source or an authoritative source, as available, to confirm the validity of personal details and identification credential details; and
         ”(iv) provide output of the authenticity test to the notary public; and
         ”(3) enable the notary public visually to compare for consistency the information and photo on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology” (ACM St. Gov’t 18-223[d]).

      2. Identity Proofing Standards: “Unless the Secretary of State adopts an applicable and superseding regulation under [ACM St. Gov’t] § 18-222 of this subtitle in the manner provided in this subsection, a notary public shall comply with the requirements of this section when performing a notarial act with respect to an electronic record or a remotely located individual” (ACM St. Gov’t 18-223[a][1]).
         “When necessary under § 18-214(a)(1)(iii) of this subtitle, identity proofing … shall be performed by a reputable third party who has provided evidence to the notary public of the ability to satisfy the requirements of this section” (ACM St. Gov’t 18-223[b]).
         “When necessary under § 18-214(a)(1)(iii) of this subtitle, identity proofing shall be performed through a dynamic knowledge-based authentication that meets the following requirements:
         ”(1) each remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity, formulated from public or private data sources;
         ”(2) each question must have a minimum of five possible answer choices;
         ”(3) at least 80% of the questions must be answered correctly;
         ”(4) all questions must be answered within 2 minutes;
         ”(5) if the remotely located individual fails the first attempt, the individual may retake the quiz one time within 24 hours;
         ”(6) during a retake of the quiz, a minimum of 40% of the prior questions must be replaced;
         ”(7) if the remotely located individual fails the second attempt, the individual is not allowed to retry with the same notary public within 24 hours of the second failed attempt; and
         ”(8) the notary public must not be able to see or record the questions or answers” (ACM St. Gov’t 18-223[c]).

   6. All Other Persons Present: A Notary must require all persons physically present with the remotely located individual for the remote notarial act to identify themselves and their role in the transaction (COMAR 01.02.08.07A[5]).

   7. Exception to Identity Proofing, Credential Analysis: “Nothing in this section shall require identity proofing or credential analysis when a notary public identifies a remotely located individual in accordance with subsection (a)(1)(i) or (ii) of this section” (ACM St. Gov’t 18-214[n][3]).

Refusal of Services

1. Competence: “Unless otherwise prohibited by law, a notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual executing the record is competent or has the capacity to execute the record…” (ACM St. Gov’t 18-207[1]).
   “The notarial officer should interact directly with the person requesting the notarial act. The notarial act should not be performed if the signer does not appear competent or aware of the document(s) being notarized. The role of the notary is not to quiz the signer. The notary’s role is to observe and assess if, in the notary’s judgment, the signer is impaired and lacks capacity to execute the document” (HNP).

2. Willingness: “Unless otherwise prohibited by law, a notarial officer may refuse to perform a notarial act if the officer is not satisfied that … the individual’s signature is knowingly and voluntarily made” (ACM St. Gov’t 18-207[1]).

3. Other Grounds: Can I deny a request for a notarial act? – “The most frequent reasons to deny a notarization is (sic) that you cannot satisfactorily identify a signer, a signer does not appear to be competent or aware, or the signer is under duress. A notary may refuse to notarize a document if the notarization would result in an illegal or improper act or the notary knows that the transaction is fraudulent. There may be other valid reasons to deny a request for notarization” (website, Frequently Asked Questions).

4. Lawful Request: Who must I notarize for? – A Notary Public is an Officer of the State of Maryland. You should notarize for anyone that makes a lawful request unless you determine they lack competency or awareness; or are under duress” (website, Frequently Asked Questions).

Disqualifying Interest

1. Personal and Spouse: “A notarial officer may not perform a notarial act with respect to a record to which the notarial officer or the spouse of the notarial officer is a party, or in which either the notarial officer or the spouse of the notarial officer has a direct beneficial interest” (ACM St. Gov’t 18-203[b][1]). A notarial act performed in violation of this provision is voidable (ACM St. Gov’t 18-203[b][2]).

2. Relatives: “While the law only prevents a notarial officer from performing a notarial act in which the notarial officer or the spouse of the notarial officer has a direct beneficial interest, we recommend a notarial officer to refrain from performing a notarial act … [f]or all members of their immediate family even if not under a legal duty to refrain for that member of your family” (HNP).

3. Indirect Interest: “While the law only prevents a notarial officer from performing a notarial act in which the notarial officer or the spouse of the notarial officer has a direct beneficial interest, we recommend a notarial officer to refrain from performing a notarial act … [w]ith regard to any matter in which the notary is personally involved, even if indirectly, or where there is no beneficial interest” (HNP).

4. Corporation: “A notary public may perform a notarial act for any person (other than the notary or their spouse) to any instrument which involves the corporation of which the notary public is an employee and to which the notary public is not a party” (HNP).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may appear before the notarial officer and direct another individual other than the notarial officer who is concurrently appearing with the individual before the notarial officer to sign the individual’s name on the record” (ACM St. Gov’t 18-208[a]).

“If another individual is directed to sign an individual’s name under subsection (a) of this section, the notarial officer shall insert on the record the following words or words of similar import: ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ (ACM St. Gov’t 18-208[b]).

Unauthorized Practice of Law

No Authority: “A commission as notary public does not authorize an individual to:
”(1) assist a person in drafting legal records, give legal advice, or otherwise practice law;
”(2) act as an immigration consultant or an expert on immigration matters;
”(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
”(4) receive compensation for performing any of the activities listed in items (1) through (3) of this subsection” (ACM St. Gov’t 18-224[a]).

Advertising

1. False or Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (ACM St. Gov’t 18-224[b]).

2. Use of ‘Notario’: “A notary public may not use the term ‘notario’ or ‘notario publico’ unless the notary public is an attorney licensed to practice law in the State” (ACM St. Gov’t 18-224[c]).

3. Misrepresentation: “A notary public may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law unless the notary public is an attorney licensed to practice law in the State” (ACM St. Gov’t 18-224[d][1]).

4. Mandatory Notice: “(i) If a notary public who is not an attorney licensed to practice law in the State in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation: “I am not an attorney licensed to practice law in this State. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.”.
   ”(ii) The statement required under subparagraph (i) of this paragraph shall be included prominently and in each language used in the advertisement or representation.
   ”(iii) If the form of advertisement or representation is not broadcast media, print media, or the Internet and does not allow inclusion of the statement required under subparagraph (i) of this paragraph because of size, the statement shall be prominently displayed or provided at the place of performance of the notarial act before the notarial act is performed” (ACM St. Gov’t 18-224[d][2]).

5. Trade Name: “Because notaries public are civil officers, they should not advertise their notarial services under a trade name. The public is entitled to know the name of the officer to whom it is going for the services given by a notary public” (HNP).

In-Person Electronic Notarial Acts

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

   1. Selection by Notary: “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][2]).

   2. Standards: “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.

Remote Notarial Acts

1. Applicable Law

   1. Revised Uniform Law on Notarial Acts: Maryland has enacted the Revised Uniform Law on Notarial Acts, which authorizes Notaries to perform notarial acts for remotely located individuals using communication technology (ACM St. Gov’t 18-214 and 18-223).

   2. Code of Maryland Regulations: The Maryland Code of Regulations contains rules for performing notarial acts for remotely located individuals and for providers of technology for these notarial acts in Title 01 (“Executive Department”), Subtitle 02 (“Secretary of State”), Chapter 08 (“Notary Public Fees”).

2. Technology Systems

   1. Approval of System Providers: Required.

   2. List of System Providers: The Secretary of State provides a list of technology system providers who have been granted authorization to offer their systems to Maryland Notaries on its website at https://sos.maryland.gov/Documents/ListAuthorizedRONVendors.pdf.

3. Legal Validity of Remote Notarial Acts: “The validity of a notarial act performed under this section shall be determined under the laws of this State regardless of the physical location of the remotely located individual at the time of the notarial act” (ACM St. Gov’t 18-214[l]).

4. Consent to Remote Notarial Act: “Nothing in this section shall require any person to accept, agree to, conduct, or complete a transaction where a notarial act is performed using communication technology for a remotely located individual” (ACM St. Gov’t 18-214[n][1]).
   “A person that agrees to accept, agree to, conduct, or complete a transaction where a notarial act is performed using communication technology for a remotely located individual may refuse to do so in any other transaction” (ACM St. Gov’t 18-214[n][2]).

5. Confirmation of Record: “[A] notary public located in this State may perform a notarial act using communication technology for a remotely located individual if … the notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (ACM St. Gov’t 18-214[a][2]).

6. Remotely Located Individual Located Outside the United States: A Notary may perform a notarial act for a remotely located individual located outside the United States if the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States. In addition, the Notary must have no actual knowledge that the act of making the statement or signing the record is prohibited by the foreign state in which the remotely located individual is located (ACM St. Gov’t 18-214[a][4]).

7. Communication Technology Standards

   1. Definition: “'Communication technology' means an electronic device or process that:
      ”(1) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
      ”(2) when necessary under and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (ACM St. Gov’t 18-201[c]; COMAR 01.02.08.01B[3]).

   2. Standards: “(1) Communication technology shall provide reasonable security measures to prevent unauthorized access to:
      ”(i) the live transmission of the audio-visual feeds;
      ”(ii) the methods used to perform credential analysis and identity proofing; and
      ”(iii) the electronic record that is the subject of the notarial act.
      ”(2) If a remotely located individual must exit the workflow, the remotely located individual must meet the criteria of this section and restart credential analysis and identity proofing from the beginning” (ACM St. Gov’t 18-223[e]).

   3. Video Conference Apps: “Remote notarizations using technology primarily intended for video conferencing (such as Skype, Microsoft Teams, Google Meet, etc.) are not allowed under the law” (HNP).

8. Audiovisual Recording: For the requirement of a Notary who performs remote online notarizations to make an audiovisual recording of each remote online notarization, see “Records of Notarial Acts,” below.

9. Remote Oaths and Affirmations: “A notary public located in this state may use communication technology under subsection (a) of this section to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other law of this state, the notary public:
   “(1) identifies the individual under subsection (a)(1) of this section;
   “ (2) creates or causes the creation under subsection (a)(3) of this section of an audio - visual recording of the individual taking the oath or affirmation; and
   “(3) retains or causes the retention of such audio - visual recording under subsection (j) of this section” (ACM St. Gov’t 18-214[g]).

10. Remote Notarial Act Vendors

    1. Qualifications: The Code of Maryland Regulations contains an entire regulation on the qualifications of vendors of remote notarial act technology (COMAR 01.02.08.04A):

       1. A vendor must be incorporated to do business in the United States of America;

       2. A vendor must be a company based in the United States of America that has been lawfully operating in the United States of America for at least 3 years;

       3. All encryption and decryption services provided by the remote online notary vendor must occur in the United States of America; and

       4. A vendor must utilize commercially reasonable practices, procedures, and technology consistent with or better than the practices, procedures, and technology generally used by other vendors engaged in offering remote notarization services.
          In addition the technology used by a remote online notary vendor must allow Maryland Notaries to (COMAR 01.02.08.04B).

       5. A vendor must allow Maryland Notaries to securely identify the remotely located individual by personal knowledge or satisfactory evidence as described ACM St. Gov’t 18-214(a)(1)(i)-(iii);

       6. A vendor must allow Maryland Notaries to retain the audio-visual recordings created under ACM St. Gov’t 18-214(a)(3) for at least 10 years; and

       7. A vendor must allow Maryland Notaries to have access to the audio-visual recordings of their notarial acts.

    2. Responsibilities and Duties: The Code of Maryland Regulations contains a regulation on the responsibilities of remote notarial act technology (COMAR 01.02.08.05):

       1. A vendor must receive written authorization from the Secretary of State before allowing its technology to be used by Maryland Notaries.

       2. A vendor must apply to the Secretary of State for authorization using the form prescribed for this purpose by the Secretary.

       3. Before a vendor may provide services to a Maryland Notary, the vendor must (a) Provide training to the Notary public on how to use the vendor’s technology; and (b) Check with the Secretary of State or the Office’s website to confirm that a Notary is in good standing at the time the Notary subscribes to its service and annually thereafter, for the duration of the Notary’s subscription to its service.

       4. A vendor must comply with the information security protections and procedures found in the Maryland Personal Information Protection Act, ACM Commercial Law Article, 14-3501 et seq.

       5. In the event of a breach of a security system, a vendor must provide notice of the breach of the security of the system to the Secretary of State at the same time as giving the notice required by the Maryland Personal Information Protection Act, ACM Commercial Law Article, 14-3504(b).

    3. Approved Vendors: A list of currently approved remote notarization vendors may be found on the Secretary of State’s website (website, “List of Authorized Remote Online Notary [RON] Vendors”).

    4. Reporting Vendor: “If the notary public reasonably believes a remote online notary vendor previously selected does not allow the notary public to meet requirements set forth in State Government Article, Title 18, Subtitle 2, Annotated Code of Maryland, and any applicable regulations, the notary public shall promptly notify the Office of the Secretary of State in writing” (COMAR 01.02.08.07A[2][c]).

Paper Remote Notarial Acts

1. Acknowledgments Only: “A notary public located in this state may use communication technology under subsection (a) of this section to take an acknowledgement of a signature on a tangible record that is physically present before the notary public, if the record is displayed to and identified by the remotely located individual during the audio-visual recording under subsection (a)(3) of this section” (ACM St. Gov’t 18-214[b]).

2. Confirmation of Record: “The requirement under subsection (a)(2) of this section for the performance of a notarial act with respect to a tangible record not physically present before the notary public is satisfied if:
   “(1) the remotely located individual:
   “(i) signs, during the audio-visual recording under subsection (a)(3) of this section:
   “1. the tangible record; and
   “2. a declaration that is part of or securely attached to the record; and
   “(ii) sends the tangible record and declaration to the notary public not later than 3 days after the notarial act was performed; and
   “(2) the notary public:
   “(i) records the individual signing the record and declaration in the audio-visual recording under subsection (a)(3) of this section; and
   “(ii) after receipt of the tangible record and declaration from the individual, executes a certificate of notarial act required by § 18-215 of this subtitle which must include a statement substantially in the following form:
   I (name of notary public) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date)” (ACM St. Gov’t 18-214[c]).
   “(d) A declaration substantially in the following form satisfies the requirements of subsection (c)(1)(i)2 of this section:
   I declare under the penalty of perjury that the record of which this declaration is a part or to which it is attached is the same record on which (name of notary public), a notary public, performed a notarial act and before whom I appeared by means of communication technology on (date).
   Signature of remotely located individual
   Printed name of the remotely located individual” (ACM St. Gov’t 18-214[d]).

3. Safe Harbor: “A notarial act performed in compliance with subsection (c) of this section complies with the requirements of subsection (a)(2) of this section and is effective on the date the remotely located individual signed the declaration under subsection (d) of this section (ACM St. Gov’t 18-214[e]).

4. Other Methods Acceptable: “Subsection (c) of this section does not preclude use of another procedure to satisfy the requirements of subsection (a)(2) of this section for a notarial act performed with respect to a tangible record” (ACM St. Gov’t 18-214[f]).

Withholding Records

“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (ACM St. Gov’t 18-224[e]).

Maryland Power of Attorney Act

Under Maryland’s General and Limited Power of Attorney Act (ACM Estates and Trusts 17-101 through 17-204), a power of attorney must be acknowledged before a Notary and witnessed by two witnesses, one of whom may be the Notary (ACM Estates and Trusts 17-110[a][3]-[4], [b]).

Validity of Notarial Acts

“Except as provided in [ACM St. Gov’t] § 18-203(b) of this subtitle, the failure of a notarial officer to perform a duty or meet a requirement specified in this subtitle does not invalidate a notarial act performed by the notarial officer” (ACM St. Gov’t 18-221[a]).
“The validity of a notarial act under this subtitle does not prevent an aggrieved person from seeking:
”(1) to invalidate the record or transaction that is the subject of the notarial act under another law; or
”(2) other remedies allowed under federal or State law” (ACM St. Gov’t 18-221[b]).
“This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (ACM St. Gov’t 18-221[c]).

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Certificate Requirements

1. General Requirement: “Each notarial act shall be evidenced by a certificate” (ACM St. Gov’t 18-215[a][1]).

2. Specific Requirements: “The certificate shall:
   ”(i) be executed contemporaneously with the performance of the notarial act;
   ”(ii) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the clerk of the circuit court for the county in which the notary public resides or was qualified;
   ”(iii) identify the jurisdiction in which the notarial act is performed;
   ”(iv) contain the title of office of the notarial officer; and
   ”(v) if the notarial officer is a notary public, indicate the date of expiration, if any, of the notarial officer’s commission” (ACM St. Gov’t 18-215[a][2]).

3. Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, the notary public shall affix an official stamp to or emboss an official stamp on the certificate” (ACM St. Gov’t 18-215[b][1]).
   “If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public, the notarial officer may affix an official stamp to or emboss an official stamp on the certificate” (ACM St. Gov’t 18-215[b][2]).

4. Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer, the notarial officer may attach an official stamp to or logically associate an official stamp with the certificate” (ACM St. Gov’t 18-215[b][3]).

Certificate Forms

Maryland has enacted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. These certificate forms appear below.

Remote Notarial Certificate

“If a notarial act is performed under subsection (a) of this section, the certificate of notarial act required by [ACM St. Gov’t] § 18-215 of this subtitle must indicate that the notarial act involved a remotely located individual and was performed using communication technology” (ACM St. Gov’t 18-214[b]).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and:
   ”(1) is in a short form provided in § 18-216 of this subtitle;
   ”(2) is in a form otherwise allowed by the laws of this State;
   ”(3) is in a form allowed by the laws applicable in the jurisdiction in which the notarial act was performed; or
   “(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the laws of the State” (ACM St. Gov’t 18-215[c]).

2. Remote Notarial Acts: “A short-form certificate provided in [ACM St. Gov’t] § 18-216 of this subtitle for a notarial act performed under subsection (a) of this section is sufficient if it:
   ”(1) complies with any regulations adopted under § 18-222 of this subtitle; or
   ”(2) contains a statement substantially as follows: ‘This notarial act involved a remotely located individual and the use of communication technology’” (ACM St. Gov’t 18-214[i]).

Security of Certificate

1. Tangible Record: If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record” (ACM St. Gov’t 18-215[f][1]).

2. Electronic Record: “If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record” (ACM St. Gov’t 18-215[f][2]).

3. Regulations: If the Secretary of State has adopted regulations under [ACM St. Gov’t] § 18-222 of this subtitle to establish standards for attaching, affixing, or logically associating the certificate, the notarial officer shall use a process for attaching, affixing, or logically associating the certificate that conforms to the standards” (ACM St. Gov’t 18-215[f][3]).

Executing a Certificate

“By executing a certificate of a notarial act, a notarial officer certifies that the notarial officer has complied with [ACM St. Gov’t] §§ 18-203, 18-204, and 18-205, and, if applicable, § 18-214 of this subtitle” (ACM St. Gov’t 18-215[d]).

Contemporaneous Completion

“A notarial officer may not affix the notarial officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (ACM St. Gov’t 18-215[e]).

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Definitions

1. Official Stamp: “'Official stamp' means:
   ”(1) a physical image affixed to or embossed on a tangible record; or
   ”(2) an electronic image attached to or logically associated with an electronic record” (ACM St. Gov’t 18-201[m]).

2. Stamping Device: “'Stamping device' means:
   ”(1) a physical device capable of affixing an official stamp to or embossing an official stamp on a tangible record; or
   ”(2) an electronic device or process capable of attaching an official stamp to or logically associating an official stamp with an electronic record” (ACM St. Gov’t 18-201[s]).

Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “If a notarial act regarding a tangible record is performed by a notary public, the notary public shall affix an official stamp to or emboss an official stamp on the certificate” (ACM St. Gov’t 18-215[b][1]).

   2. Other Notarial Officers: Permitted.
      “If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public, the notarial officer may affix an official stamp to or emboss an official stamp on the certificate” (ACM St. Gov’t 18-215[b][2]).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If a notarial act regarding an electronic record is performed by a notarial officer, the notarial officer may attach an official stamp to or logically associate an official stamp with the certificate” (ACM St. Gov’t 18-215[b][3]).

   2. Other Notarial Officers: Permitted (ACM St. Gov’t 18-215[b][3]).

3. Remote Notarial Acts

   1. Notaries Public: Required for remote notarial acts on paper records (ACM St. Gov’t 18-215[b][1]) and permitted for remote notarial acts on electronic records (ACM St. Gov’t 18-215[b][3]).

   2. Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Maryland law.

Official Stamp Format

1. Notarial Acts

   1. Photocopiable Embosser or Inked Rubber Stamp: Maryland law states that a Notary must “affix” or “emboss” an official stamp on a tangible record (ACM St. Gov’t 18-215[b][1]).
      “The official stamp of a notary public shall… be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (ACM St. Gov’t 18-217[a][2]).

   2. Shape/Size: Not specified.

   3. Components (ACM St. Gov’t 217[a][1] and [b]):

      1. Name of Notary;

      2. Office of Notary;

      3. County of residence, or if a nonresident, county in which the Notary was qualified;

      4. Commission expiration date*;

      5. Any other information required by the Secretary of State.
         * Statute gives the Notary an option to include the commission expiration date in the seal or include it on a certificate of notarial act completed and signed by the Notary (ACM St. Gov’t 18-217[b]).

2. In-Person Electronic Notarial Acts: The requirements for the format of the official stamp for notarial acts is the same for Notaries Public who perform in-person electronic notarial acts.

3. Remote Notarial Acts: The requirements for the format of the official stamp for notarial acts is the same for Notaries Public who perform remote notarial acts.

‘Public Seal’

“A notary public’s official stamp is a public seal” (ACM St. Gov’t 18-217[c]).

“A notary public’s stamping device is a public seal for purposes of § 8-607 of the Criminal Law Article” (ACM St. Gov’t 18-218[c]).

Examples

The below typical, actual-size examples of traditional official and electronic official stamps (shaded) which are allowed by Maryland law. Formats other than these may also be permitted.

Open

Traditional Official Stamps

Open

Electronic Official Stamp

Security of Stamping Device

“Each notary public is responsible for the security of the notary public’s stamping device” (ACM St. Gov’t 18-218[a][1][i]).

Employment: “Even if an employer purchased the stamp for a notary public, the stamp is the property and responsibility of the notary public, it is to remain in the custody and control of the notary public named on the stamping device alone. If the notary public leaves their employer, the notary public is strongly encouraged to take the notary stamp with them” (HNP).

Exclusive Use of Stamping Device

“A notary public may not allow another individual to use the stamping device to perform a notarial act” (ACM St. Gov’t 18-218[a][1][ii]).

Lost or Stolen Stamping Device

“If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian promptly shall notify the Secretary of State on discovering that the device is lost or stolen” (ACM St. Gov’t 18-218[b]).

Destruction of Stamping Device

1. Resignation, Revocation, Expiration of Commission: “On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (ACM St. Gov’t 18-218[a][2]).

2. Death or Adjudication of Incompetency of Notary: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall disable the stamping device by destroying, defacing, damaging, erasing, or securing it against use in a manner that renders it unusable” (ACM St. Gov’t 18-218[a][3]).

Electronic Official Stamp and Signature

1. Relationship of Statute to Regulation: “Unless the Secretary of State adopts an applicable and superseding regulation under [ACM St. Gov’t] § 18-222 of this subtitle in the manner provided in this subsection, a notary public shall comply with the requirements of this section when performing a notarial act with respect to an electronic record or a remotely located individual” (ACM St. Gov’t 18-233[a][1]).
   “A regulation adopted by the Secretary of State may supersede a requirement of this section if the regulation references this section and specifies the requirement to be superseded” (ACM St. Gov’t 18-223[a][2]).

2. Digital Certificate Required: “A notary public shall attach or logically associate the notary public’s electronic signature and official stamp to an electronic record by use of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union or a similar industry-standard technology” (ACM St. Gov’t 18-223[f][1]).
   “A notary public may not perform a notarial act with respect to an electronic record if the digital certificate:
   ”(i) has expired;
   ”(ii) has been revoked or terminated by the issuing or registering authority;
   ”(iii) is invalid; or
   ”(iv) is incapable of authentication” (ACM St. Gov’t 18-223[f][3]).

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Records Requirement

1. Journal

   1. Notarial Acts: Required.
      “Subject to subsection (f) of this section, each notary public shall maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (ACM St. Gov’t 18-219[a][1]).

   2. In-Person Electronic Notarial Acts: Required (ACM St. Gov’t 18-219[a][1]).

   3. Remote Notarial Acts: Required (ACM St. Gov’t 18-219[a][1]).

2. Recording of Remote Notarial Acts: Required.
   A Notary who performs notarial acts for remotely located individuals using communication technology must make and retain an audiovisual recording of each remote online notarial act (COMAR 01.02.08.07A[7]). The recording must be retained for a minimum of 10 years.
   A Notary who performs notarial acts for remotely located individuals using communication technology must use technology that can make an audio-visual record of the entire physical location of the notarial act and all persons physically present for the remote notarial act (COMAR 01.02.08.07A[4]).

One Journal at a Time

“A notary public shall maintain only one journal at a time to chronicle all notarial acts performed regarding tangible records, and one or more journals to chronicle all notarial acts performed regarding electronic records” (ACM St. Gov’t 18-219[b][2]).

Contemporaneous Completion of Journal

“Each entry in a journal shall … be made contemporaneously with performance of the notarial act” (ACM St. Gov’t 18-219[c][1]).

Journal Format

“A journal may be created on a tangible medium or in an electronic format” (ACM St. Gov’t 18-219[b][1]).

1. Tangible Journal: “If the journal is maintained on a tangible medium, the journal must be a permanent, bound register with numbered pages” (ACM St. Gov’t 18-219[b][3][i]).

2. Electronic Journal: “If the journal is maintained in an electronic format, the journal must be in a permanent, tamper-evident electronic format that complies with any regulations adopted by the Secretary of State under [ACM St. Gov’t] § 18-222 of this subtitle” (ACM St. Gov’t 18-219[b][3][ii]).

Journal Entries

Each journal entry must include (ACM St. Gov’t 18-219[c][2]):

1. Date and time the notarial act was performed;

2. Description of the record, if any;

3. Type of notarial act;

4. Full name and address of each individual for whom the notarial act is performed;

5. If the identity of the individual is based on personal knowledge, a statement to that effect;

6. If the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential, and according to the the “Handbook for Maryland Notaries Public,” the identification number associated with the credential;

7. Fee, if any, charged; and

8. Indication of whether an individual making a statement or executing a signature which is the subject of the notarial act appeared in the Notary’s physical presence or by means of communication technology.

Lost or Stolen Journal

1. Notification: “If a notary public’s journal is lost or stolen, the notary public promptly shall notify the Secretary of State on discovering that the journal is lost or stolen” (ACM St. Gov’t 18-219[d]).

2. Fees

   1. Copy Certification: “A notary public may … charge $6.00 for certifying a copy of an entry in the notary’s register of official acts” (COMAR 01.02.08.02E).

   2. Photocopy: The fee for providing a photocopy of an entry in the register is $2.00 per copy (COMAR 01.02.08.03C).

Retention of Journal

“The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (ACM St. Gov’t 18-219[a][2]).

Disposition of Records

1. Journal of Notarial Acts

   1. Resignation, Revocation, Suspension of Commission: “Subject to subsection (f) of this section, on resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall:
      ”(1) retain the notary public’s journal in accordance with subsection (a) of this section; and
      ”(2) inform the Secretary of State where the journal is located” (ACM St. Gov’t 18-219[e]).

   2. Death or Adjudication of Incompetency of Notary: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall:
      ”(1) transmit it to a repository approved by the Secretary of State; or
      ”(2) store the journal in any other manner as required or approved by the Secretary of State in regulations” (ACM St. Gov’t 18-219[g]).

   3. Alternative Disposition: “Instead of retaining a journal as required under subsection (a) or (e) of this section, a current or former notary public may:
      ”(1) transmit the journal to a repository approved by the Secretary of State; or
      ”(2) store the journal in any other manner as approved by the Secretary of State in regulations” (ACM St. Gov’t 18-219[f]).

2. Recordings of Remote Notarial Acts: “A notary public, a guardian, a conservator, or an agent of a notary public or a personal representative of a deceased notary public shall:
   ”(i) retain the audio-visual recording created under subsection (a)(3) of this section; or
   ”(ii) cause the audio-visual recording to be retained by a repository designated by or on behalf of the person required to retain the recording” (ACM St. Gov’t 18-214[j][1]).
   “A guardian, a conservator, or an agent of a notary public or personal representative of a deceased notary public who assumes authority over audio-visual recordings created under subsection (a)(3) of this section shall:
   ”(i) notify the Secretary of State within 30 days after assuming authority; and
   ”(ii) comply with all requirements in this subtitle regarding the maintenance and storage of the audio-visual recordings” (ACM St. Gov’t 18-214[j][2]).
   “Unless a different period is required by regulations adopted under [ACM St. Gov’t] § 18-222 of this subtitle, an audio-visual recording created under subsection (a)(3) of this section shall be retained for a period of at least 10 years after the recording is made” (ACM St. Gov’t 18-214[j][3]).

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Maximum Fee

1. Set by Regulation: In Maryland, statute requires the Secretary of State by regulation to set fees for notarial acts not to exceed $25 for an original notarial act, and an appropriate lesser amount for the repetition of that act, or to make a copy of the matter address by the original notarial act (ACM St. Gov’t 18-107[a][1]). Statute also authorizes the Secretary of State to prescribe by regulation the amount of a travel fee, if different from the statutory fee (ACM St. Gov’t 18-107[b]) (see “Mileage,” below).

2. Notarial Acts: A Notary may demand and receive a fee of $8 for any “original notarial act” (ACM St. Gov. 18-107[a][1] and COMAR 01.02.08.02A[1]). Lesser fees are detailed below for the repetition of an original notarial act or the photocopying of a notarized document or of an entry in the Notary’s journal.
   “'Original notarial act' means the completion of a single notarial act involving one record” (COMAR 01.02.08.01B[8]).

3. Remote Notarial Acts: “A notary public or person acting on behalf of a notary public may charge a fee, subject to regulations adopted by the Secretary of State, not to exceed $50, for the performance of a notarial act under § 18-214 of this title” (ACM St. Gov’t 107[a][2]).
   The actual maximum fee set by the Secretary of State in the COMAR, effective January 22, 2024, is $30 (COMAR 01.02.08.02A[2]).

Notarized Duplicates

“When a notary public is requested to notarize more than one copy of the same record, where the copy or copies have been signed at the same time by the same person or persons, the notary may demand and receive $8 for notarizing each signature on the original or first copy of the record, and may demand and receive $4 for each signature on each additional copy of the same record” (COMAR 01.02.08.02B).

Journal Entry Copies

1. Photocopies: “When a notary public is requested to make reproductions of … an entry in the notary’s journal by photocopying or other means, the notary may demand and receive not more than $2 for each copy furnished” (COMAR 01.02.08.02C).

2. Certified Copies: “A notary public may charge $6 for certifying a copy of a record in the notary’s journal” (COMAR 01.02.08.02E).

Document Copies

“When a notary public is requested to make reproductions of a notarized record …, the notary may demand and receive not more than $2 for each copy furnished” (COMAR 01.02.08.02C).

Travel Fee

“Subject to paragraph (2) of this subsection, a notary public may charge the prevailing rate for mileage established by the Internal Revenue Service for business travel per mile and a fee not to exceed $ 5, as compensation for travel required for the performance of a notarial act” (ACM St. Gov’t 18-107[b][1]).

“A notary public may demand and receive reimbursement at the prevailing rate for mileage established by the Internal Revenue Service for business travel and a fee not to exceed $5 for travel if required for the performance of a notarial act” (COMAR 01.02.08.02D).

As of the date of publication, the IRS mileage rate for the second half of 2022 is 62.5 cents per mile.

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Notary Signing Agents

In order to lawfully operate in the state of Maryland, a Notary Signing Agent must either
(a) be licensed as a Title Insurance Producer (TIP), as defined in ACM Insurance Sec. 10-101(i), which requires surety and fidelity bonding and continuing education; or
(b) operate as a Title Insurance Producer Independent Contractor (TIPIC) under the supervision of a duly licensed and bonded TIP. The TIP thereby assumes all liability for the actions of the TIPIC.

Any mortgage or deed of trust executed in a transaction in which a TIPIC is acting on behalf of a title insurance producer must include the name, address and license number of the TIPIC and title insurance producer for which the TIPIC is acting.

“A notary may not render services which may result in the issuance of a title insurance contract; such services may only be performed by a licensed title insurance producer, as defined in Insurance Article, §10- 101(i), Annotated Code of Maryland. According to the Maryland Insurance Administration, “a notary who merely attends a real estate closing or settlement that is conducted by another person or entity and who merely witnesses signatures in consideration of the statutory fees that a notary is permitted to charge does not, in the view of the MIA, fall within the scope of Insurance Article, §10-101(i) and is not required to secure a title producer’s license in order to perform such services. However, if the notary is the only individual other than the buyer who is present at the closing and the notary is presenting documents for signature which may result in the issuance of title insurance, collecting escrow funds, or otherwise performing any duty other than the witnessing of a signature, the notary must also be licensed as a title insurance producer. Bulletin from MIA to Title Insurers, Property & Casualty 03-18, December 1, 2003” (HNP).

Recording Requirements

“Any printed deed or other instrument offered for recordation shall be printed in not less than eight-point type and in black letters and be on white paper of sufficient weight and thickness to be clearly readable. If the deed or other instrument is wholly typewritten or typewritten on a printed form, the typewriting shall be in black letters, in not less than elite type and upon white paper of sufficient weight or thickness as to be clearly readable. The foregoing provisions do not apply to manuscript covers or backs customarily used on documents offered for recordation. The recording charge for any instrument not conforming to these requirements shall be treble the normal charge” (ACM Real Property 3-104[e][1]).

Certification by Attorney: “(1)(i) In this paragraph, “under the attorney’s supervision” includes review of an instrument by the certifying attorney.
“(ii) A deed other than a mortgage, a deed of trust, an assignment of rents, an assignment of a lease for security purposes, or an assignment or a release of a mortgage or a deed of trust may not be recorded unless it bears:
“1. The certification of an attorney admitted to the Bar of this State that the instrument has been prepared by the attorney or under the attorney’s supervision; or
“2. A certification by a party named in the instrument that the instrument was prepared by that party.
“(iii) A mortgage, a deed of trust, an assignment of rents, an assignment of a lease for security purposes, or an assignment or a release of a mortgage or a deed of trust prepared by any attorney or one of the parties named in the instrument may be recorded without the certification required under subparagraph (ii) of this paragraph” (ACM Real Property 3-104[f][1]).

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Notarial Acts in Maryland

“(a) Persons entitled to perform. – A notarial act may be performed in the State by:
“(1) a notary public of the State;
“(2) a judge, clerk, or deputy clerk of a court of the State; or
“(3) a magistrate appointed by a court of the State.
”(b) Effect of signature and title. – The signature and title of an individual performing a notarial act in the State are prima facie evidence that:
“(1) the signature is genuine; and
“(2) the individual holds the designated title.
“(c) Establishment of authority to perform acts. – The signature and title of a notarial officer listed in subsection (a) of this section conclusively establish the authority of the notarial officer to perform the notarial act.
”(d) Fee prohibited – Judges or magistrates. – A judge of the court of the State or a magistrate appointed by a court of the State may not charge a fee to perform a notarial act” (ACM St. Gov’t 18-209).

Notarial Acts in U.S. State or Jurisdiction

“(a) Effect; requirements. – A notarial act performed in another state has the same effect under the laws of this State as if performed by a notarial officer of this State, if the act performed in the other state is performed by:
“(1) a notary public of that state;
“(2) a judge, clerk, or deputy clerk of a court of that state; or
”(3) any other individual authorized by the laws of that state to perform the notarial act.
(b) Effect of signature and title. – The signature and title of an individual performing a notarial act in another state are prima facie evidence that:
“(1) the signature is genuine; and
“(2) the individual holds the designated title.
”(c) Establishment of authority to perform acts. – The signature and title of a notarial officer listed in subsection (a)(1) or (2) of this section conclusively establish the authority of the notarial officer to perform the notarial act” (ACM St. Gov’t 18-210).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“(a) In general. – A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the laws of this State as if performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by:
“(1) a notary public of the tribe;
“(2) a judge, clerk, or deputy clerk of a court of the tribe; or
“(3) any other individual authorized by the laws of the tribe to perform the notarial act.
”(b) Effect of signature and title. – The signature and title of an individual performing a notarial act under the authority and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that:
“(1) the signature is genuine; and
“(2) the individual holds the designated title.
”(c) Establishment of authority to perform acts. – The signature and title of a notarial officer listed in subsection (a)(1) or (2) of this section conclusively establish the authority of the notarial officer to perform the notarial act” (ACM St. Gov’t 18-211).

Notarial Acts Under Federal Law

“(a) In general. – A notarial act performed under federal law has the same effect under the laws of this State as if performed by a notarial officer of this State, if the act performed under federal law is performed by:
“(1) a notary public of a court;
“ “(2) an individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(3) an individual designated a notarizing officer by the U.S. Department of State for performing notarial acts overseas; or
“(4) any other individual authorized by federal law to perform the notarial act.
”(b) Effect of signature and title. – The signature and title of an individual performing a notarial act under federal law are prima facie evidence that:
“(1) the signature is genuine; and
(2) the individual holds the designated title.
“(c) Establishment of authority to perform acts. – The signature and title of a notarial officer listed in subsection (a)(1), (2), or (3) of this section conclusively establish the authority of the notarial officer to perform the notarial act” (ACM St. Gov’t 18-212).

Notarial Acts in Foreign State

“(a) In general. – If a notarial act is performed under the authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the laws of this State as if performed by a notarial officer of this State.
”(b) Title and authority established in digest of foreign law or customarily used list. – If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
”(c) Establishment of authority to perform acts. – The signature and official stamp of an individual holding an office described in subsection (b) of this section are prima facie evidence that:
“(1) the signature is genuine; and
“(2) the individual holds the designated title.
”(d) Apostille in prescribed form to establish authority. – An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that:
“(1) the signature of the notarial officer is genuine; and
“(2) the notarial officer holds the individual office.
”(e) Consular authentication to establish authority. – A consular authentication issued by an individual designated by the U.S. Department of State as notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that:
“(1) the signature of the notarial officer is genuine; and
“(2) the notarial officer holds the individual office” (ACM St. Gov’t 18-213[e]).

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County Clerks

Whether or not a notarized document requires an apostille from the Maryland Secretary of State, an authenticating certificate from a circuit court clerk must first be obtained. This is the county office where the Notary has qualified after commissioning.

Secretary of State

Authenticating certificates for clerks of the circuit court, and apostilles, are issued by the Maryland Secretary of State.

1. Mailing and Walk-In Address:
   Office of Secretary of State
   16 Francis St.
   Wineland Building, 1st Floor
   Annapolis, MD 21401

2. Phone: 410-974-5521

3. Procedure

   1. Mailed and In-Person Requests: After securing an authenticating certificate from a circuit court clerk, mail or present in person the original notarized document(s), along with the appropriate fee (website, “Certifications”). For walk-in requests, there is a limit of 15 documents per day (website, “Certifications”).

   2. Cover Letter: In a cover letter, indicate the country the document(s) will be sent to, and include a daytime telephone number or email address for questions. A cover letter form may be printed out from the Secretary of State’s website (website, “Certifications”).

   3. Fees: $5 per document, covering authentication for a “standard certification” or an apostille. Check or money order payable to “Secretary of State.” Credit or debit cards are accepted if requests are presented in person at the Secretary of State’s office (website, “Certifications”).

   4. Return Delivery: Include a stamped, addressed return envelope or a prepaid airbill for express delivery service, such as with FedEx. A cover letter form may be printed out from the Secretary of State’s website (website, “Certifications”).

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