Maine - U.S. Notary Reference
- Brooke Merritt
- Beth Page (Unlicensed)
- Bill Anderson
Last updated: October 28, 2024
QUICK FACTS
Notary Jurisdiction
Statewide (5 MRSA 82[5]).
Notary Term Length
Seven years (4 MRSA 1922.4).
Notary Bond
Not required.
Notary Seal
Required for notarial acts on electronic records (4 MRSA 1916.2).
Notary Journal
Required for electronic and remote notarial acts (4 MRSA 1920.1).
ADMINISTRATION AND RULES
Commissioning Official
Maine’s Notaries are appointed, commissioned and regulated by the Secretary of State, who maintains records on them (5 MRSA 82).
Contact Information
Address: Department of Secretary of State
Bur. of Corporations, Elections & Commissions
Division of Corporations, UCC & Commissions
Notary Public Section
101 State House Station
(111 Sewall St., 4th Floor)
Augusta, ME 04333-0101Phone: 207-624-7752
Laws, Rules and Guidelines
Statutes: Most Notary rules are in the Maine Revised Statutes Annotated (MRSA) Title 4, Chapter 39, “Revised Uniform Law on Notarial Acts.”
Rules: Rules regulating Notaries are in the Code of Maine Rules (CMR) for the Secretary of State’s Bureau of Corporations, Elections & Commissions (29-250), Chapter 700 (“Rules Governing Notaries Public, Notarial Officers, Notarial Acts and the Procedures for Electronic and Remote Notarization”).
Guidelines: Other guidelines for Notaries are in the “Notary Public Handbook and Resource Guide” (NPH) (revised January 14, 2021), issued by the Secretary of State and available on the website.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: “An applicant for a notary public commission must:
“A. Be at least 18 years of age;
“B. Be a resident of or have a place of employment or practice in this State;
“C. Be able to read and write English;
“D. Not be disqualified to receive a commission under section 1924; and
“E. Have passed the examination required under [4 MRSA] section 1923, subsection 1. (4 MRSA 1922.2).
29-250 CMR Ch. 700 Sect. 1B. states an applicant for a Notary commission who has been convicted of a crime for which imprisonment may be a penalty are ineligible for appointment while on bail, incarcerated, under probation or parole. In addition, an applicant is ineligible for appointment for five years following the date of release from incarceration or termination of probation or parole, whichever comes last, for the following: perjury, false swearing, unsworn falsification, tampering with public records or information, impersonating a public servant, certain bribery and corrupt practices offenses, certain forgery offenses, deceptive business practices, private bribery, misuse of credit information and possession or transfer of theft of services devices.
“An applicant [for a commission] must be worthy of the public trust. This means, at a minimum, that the applicant must:
“(1) Not have been convicted of any crime punishable by one year or more of imprisonment;
“(2) Not have been convicted of any crime involving fraud, dishonesty or deceit;
“(3) Not have received a finding or have made any admission of liability in any legal proceeding or disciplinary action against the applicant based on the applicant’s fraud, dishonesty or deceit;
“(4) Not have made any false, fraudulent, dishonest or deceitful statements in the application for a notary commission; and
“(5) Not have had a notary public commission in another state revoked, suspended, conditioned, or not renewed for cause” (CMR 29-250-700 Sec. 2.D).Course: Not required.
“The Secretary of State or an entity approved by the Secretary of State shall offer regularly a course of study to applicants for notary public commissions in this State. The course must cover the laws, rules, procedures and ethics relevant to notarial acts” (4 MRSA 1923.2).Exam: Required (4 MRSA 1923.1).
“An applicant for a notary public commission who at the time of application does not hold a commission in this State must pass an examination administered by the Secretary of State or an entity approved by the Secretary of State. The examination must be based on the course of study described in subsection 2” (4 MRSA 1923.1).Application: The application form may be downloaded from the Secretary of State’s website. Unlike previous application forms, the latest form may be used by Maine residents and nonresidents. No longer must the form be signed and sworn to in the presence of another Notary or the municipal clerk and/or registrar of voters to certify on the form that the applicant is a resident of the municipality listed. The application form containts the Notary examination. The completed application must be submitted with a $50 fee.
Background Screening: Not required.
Oath of Office: “Before issuance of a notary public commission, an applicant for the commission shall take and subscribe the following oath or affirmation before a dedimus justice: “I, (name), do swear that I will support the United States Constitution and the Constitution of Maine, so help me God. I, (name), do swear that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as a notary public according to the Constitution of Maine and the laws of this State, so help me God.”
“When a person is conscientiously scrupulous of taking an oath, the word ‘affirm’ may be substituted for the word “swear” and the words ‘this I do under penalty of perjury’ may be substituted for the words ‘so help me God’ (4 MRSA 1922.3)
“Upon approval of an application, a certificate of commission will be mailed to the applicant who then has 30 calendar days to appear before a Dedimus Justice to take the oath prescribed by 4 M.R.S. § 1922(3), and 45 calendar days from the date of appointment to return the completed certificate of qualification to the Secretary of State. If the Secretary of State does not receive the certificate within the 45 calendar days or the certificate demonstrates that the applicant was not sworn into office within 30 calendar days of appointment, the Secretary will notify the applicant of the failure to qualify. From the date of that notice, the applicant has 90 calendar days to request a reappointment by the Secretary of State. From the date of reappointment, the applicant has 30 calendar days to be sworn into office by a Dedimus Justice. If the applicant does not request reappointment within 90 calendar days from the date of notification of a failure to qualify, the applicant must reapply in order to be appointed as a notary public” (29-250 CMR Ch. 700, Sec. 2.4.A).
Dedimus Justices are appointed for life by the Governor strictly to administer oaths of office (website, “Dedimus Justice”). Dedimus Justices are listed in the “Maine Register,” available in most town offices and libraries. They are also all listed by town on the Secretary of State’s website (website, “Notary/Dedimus Search”). Most county clerks of court are Dedimus Justices.Non-Residents: Residents of another state of New Hampshire who are regularly employed or carry on a practice in Maine may become Notaries in the state (4 MRSA 1922.2.B).
Reappointment: The application process for renewals is different.
29-250 CMR Ch. 700, Sec. 3.1 specifies that the Secretary of State shall provide written notice to the Notary of the expiration of the Notary’s current commission 30 days prior to the expiration date. The notice is sent either by regular mail or to the email address of record.
“An applicant for renewal must pass an examination administered by the Secretary of State to demonstrate an understanding of the laws, rules, procedures and ethics relevant to performing notarial acts” 29-250 CMR Ch. 700, Sec. 3.4).
Notaries may renew their commissions up to 90 days following the expiration of the current commission. If they fail to timely renew their commissions, they must reapply as a new Notary Public applicant. If an application to renew an expired commission is not received by the Secretary of State within 90 days after the date of expiration, the applicant must apply for a new commission (29-250 CMR Ch. 700, Sec. 3.3).
Starting May 2008, all persons seeking to renew a Notary commission must use the online renewal process. Go to the Secretary of State’s website to link to the online renewal application (website, “Total Notary Solution”).
As with the initial application, an applicant must take the oath of office before a Dedimus Justice (29-250 CMR Ch. 700, Sec. 3.3).No Immunity or Benefit: “A commission issued under subsection 4 authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this State on public officials or employees” (4 MRSA 1922.5).
Notification to Perform In-Person Electronic and Remote Notarial Acts
In-Person Electronic Notarial Acts
Valid Commission or Law License: “In addition to submitting the notice described in section 5, subsection 6, paragraph A of this rule and accepted by the Secretary of State, a notary public who wishes to perform electronic notarizations must have a valid notary public commission, and an attorney-at-law must be duly admitted and eligible to practice law in the courts of this State.” (29-250 CMR Ch. 700, Sec. 5.6.B).
Authorization: “A notary public who has been issued a commission is not authorized to perform electronic … notarizations unless and until a notice meeting all the requirements described in section 5, subsection 6 … of this rule has been submitted to the Secretary of State and accepted in accordance with 4 M.R.S. Chapter 39 and this rule” (29-250 CMR Ch. 700, Sec. 4.B).
Initial Notification: “Before a notarial officer performs the notarial officer’s initial notarial act with respect to an electronic record, the notarial officer shall notify the Secretary of State that the notarial officer will be performing notarial acts with respect to electronic records and identify the technology the notarial officer intends to use. If the Secretary of State has established by rule standards for approval of technology pursuant to section 1928, the technology must conform to the rules. The Secretary of State shall determine whether the technology proposed by the notarial officer is approved for use in this State” (4 MRSA 1921.2).
“If the applicant intends to perform notarial acts with respect to electronic records using an electronic signature, the applicant must submit the notice form prescribed by the Secretary of State that contains the information required by section 5, subsection 6 of this rule pertaining to electronic notarization” (29-250 CMR Ch. 700, Sec. 2.2.B[1]).
“Before performing a notarial act with respect to an electronic document or using an electronic signature for the first time, a notarial officer must notify the Secretary of State by providing the following information in a format prescribed by the Secretary of State:
“(1) The name(s) of the provider(s) of technology approved by the Secretary of State that the notarial officer intends to use in attaching or logically associating an electronic notarial signature, stamp and certificate to an electronic record;
“(2) Certification from each provider of technology the notarial officer intends to use, confirming that the notarial officer has received training in the use of that technology for electronic notarization and has been approved as a user of that technology;
“(3) A certification by the notarial officer that the officer has read and understands the requirements of 4 M.R.S. chapter 39 and this rule regarding electronic notarization; and
“(4) An example of the notarial officer’s electronic signature and official electronic stamp” (29-250 CMR Ch. 700, Sec. 5.6.A).Amendments to Notification: “After submitting written notice …, a notarial officer must amend the notice to include any change in the technology providers including but not limited to identifying any new or additional technology providers. Such amended notice must be submitted to the Secretary of State within ten 10 business days of making the change” (29-250 CMR Ch. 700, Sec. 5.6.C).
Termination of Authority: “A notarial officer’s authority to perform electronic notarizations automatically expires upon the occurrence of any of the following:
“(1) The notarial officer is a notary public and the notary public’s commission expires, is revoked, suspended or terminated by the Secretary of State;
“(2) The notarial officer is a notary public and the notary public resigns their commission;
“(3) The notarial officer is a notary public and the notary public no longer has a place of employment, a business or residence in this State;
“(4) The notarial officer is an attorney, upon suspension or termination of that attorney’s authority to practice law in this State; or
“(5) The Secretary of State has revoked or terminated approval of the technology provider whose technology the notarial officer is using to perform electronic notarization unless the notarial officer is approved to use another technology provider” (29-250 CMR Ch. 700, Sec. 5.6.D).
Remote Notarial Acts
Valid Commission or Law License: “In addition to submitting written notice to the Secretary of State in accordance with section 6, subsection 8, paragraph A of this rule and accepted by the Secretary of State, a notary public applying to perform remote notarizations must have a valid notary public commission, and an attorney-at-law must be duly admitted and eligible to practice law in the courts of this state” (29-250 CMR Ch. 700, Sec. 6.8.B).
Authorization: “A notary public who has been issued a commission is not authorized to perform … remote notarizations unless and until a notice meeting all the requirements described in … section 6, subsection 8 of this rule has been submitted to the Secretary of State and accepted in accordance with 4 M.R.S. Chapter 39 and this rule” (29-250 CMR Ch. 700, Sec. 4.B).
Initial Notification: “Before a notarial officer performs the notarial officer’s initial notarial act under this section, the notarial officer shall notify the Secretary of State that the notarial officer will be performing notarial acts with respect to remotely located individuals and identify the technologies the notarial officer intends to use. If the Secretary of State has established by rule standards under subsection 13 and section 1928 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (4 MRSA 1915.12).
“Before performing a remote notarization for the first time, a notarial officer must submit written notice to the Secretary of State in a format prescribed by the Secretary of State and must include the following information:
“(1) The name of the provider(s) of communication technology approved by the Secretary of State that the notarial officer intends to use for remote notarization;
“(2) Certification from the communication technology provider the notarial officer intends to use, confirming that the notarial officer has received training on the use of that technology for remote notarization and has been approved as a user of that technology; and
“(3) A declaration by the notarial officer that the officer has read and understands the requirements of 4 M.R.S. chapter 39 and this rule regarding remote notarization” (29-250 CMR Ch. 700, Sec. 6.8.A).Amendments to Notification: “After submitting written notice under section 6, subsection 8, paragraph A to the Secretary of State, a notarial officer must amend the notice to include any change in communication technology providers, including but not limited to identifying any new or additional technology providers. Such amended notice must be submitted to the Secretary of State within 10 business days of making the change” (29-250 CMR Ch. 700, Sec. 6.8.C).
Termination of Authority: “The notarial officer’s authority to perform remote notarizations automatically expires upon the occurrence of any of the following:
“(1) The notarial officer is a notary public and the notary public’s commission expires, is revoked, suspended or terminated by the Secretary of State;
“(2) The notarial officer is a notary public and the notary public resigns their commission;
“(3) The notarial officer is a notary public and the notary public is no longer a Maine resident and no longer has a place of employment or a business in this State;
“(4) The notarial officer is no longer authorized to perform notarial acts pursuant to 4 M.R.S. § 1910; or
“(5) The Secretary of State revokes or terminates approval of the technology provider whose technology the notarial officer is using to perform remote notarization unless the notarial officer is approved to use another technology provider” (29-250 CMR Ch. 700, Sec. 6.8.D).Exemptions: “The requirements for remote notarization in this rule do not apply to a judge, justice, clerk or deputy clerk of any court in Maine who is performing a notarial act for a remotely located individual in the course of performing exclusively judicial functions pursuant to statute, or rules or administrative orders adopted by the Maine Supreme Judicial Court. The requirements for remote notarization in this rule also do not apply to a court reporter in Maine administering the oath to a witness in a deposition conducted pursuant to the rules of procedure adopted by the Maine Supreme Judicial Court or the federal courts” 29-250 CMR Ch. 700, Sec. 6.7.E).
Jurisdiction
“A notarial act may be performed in this State by … [a] notary public of this State” (4 MRSA 1910.1).
Term Length
“The Secretary of State shall issue to an applicant who has complied with this section a notary public commission valid for a term of 7 years” (4 MRSA 1922.4; see also 29-250 CMR Ch. 700, Sec. 2.3).
Bond
Not required.
Online Search
On the website maintained by the Secretary of State, under “Notary/Dedimus Search,” information on any of Maine’s Notaries or Dedimus Justices may be looked up by submitting a name, town, county or language spoken. The Notary’s or Justice’s name, town, county, home phone, work phone and (for Notaries) commission expiration date are then provided.
Changes of Status
Address, Name, Information, and Conviction Changes: “Within 30 calendar days of the occurrence of any of the following changes to the notary’s status or information previously submitted, a notary public must submit written notice to the Secretary of State regarding the change(s) in a manner prescribed by the Secretary:
“(1) A change of the notary’s name by court order or marriage;
“(2) A change of the notary’s residence or mailing address;
“(3) A change of the notary’s email address or telephone number;
“(4) A change in the notary’s place of employment if the notary’s eligibility for a commission was based on having a place of employment in Maine;
“(5) A change in the location of the notary’s business if the notary’s eligibility for a commission was based on having a business in Maine;
“(6) A change to the information previously submitted in writing notifying the Secretary of State that the notary public will be performing notarial acts with respect to electronic records or remotely located individuals;
“(7) A conviction of a crime punishable by one year or more of imprisonment or of a crime involving fraud, dishonesty or deceit, as described in section 2, subsection 1, paragraph D of this rule; or
“(8) A finding against, or admission of liability by, the notary in any legal proceeding or disciplinary action based on the applicant’s or notary’s fraud, dishonesty or deceit” (29-250 CMR Ch. 700, Sec. 2.5.A).
Notaries may update their contact information (including changes in name, addresses, telephone numbers, language fluency, etc.) at any time through the Secretary of State’s website. There is no fee to update this information (website, “Total Notary Solution”).Name Change: “A notary public who notifies the Secretary of State of a name change … shall use the new name in performing notarial acts only after:
“(1) The notary has delivered the notice required by section 2, subsection 5, paragraph A of this rule;
“(2) The new name has been updated in the Secretary of State’s notary public database; and
“(3) The notary, if using a stamping device or official stamp, has made the change to their device bearing the new name” (29-250 CMR Ch. 700, Sec. 2.5.B).Amended Commission: “An amended certificate of commission will be issued by the Secretary of State upon receipt of notice of a name change or change of residence to a new municipality by the notary” (29-250 CMR Ch. 700, Sec. 2.5.C).
Resignation: “A notary public may resign their commission at any time by submitting written notice to the Secretary of State of the intent to resign. The resignation shall be deemed effective as of the date of the written notice. Upon resignation, a notary public shall return their certificate of commission to the Secretary of State” (29-250 CMR Ch. 700, Sec. 2.5.D).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Maine Notaries are authorized to perform the following notarial acts (4 MRSA 1902.5; 1904.1):
Take acknowledgments and proofs (4 MRSA 1011);
Administer oaths and affirmations (4 MRSA 91011);
Execute verifications on oath or affirmation;
Certify affidavits (NPH);
Witness or attest signatures;
Execute protests (11 MRSA 3-1505);
Certify copies of documents;
Witness election petitions and absentee ballots (21-A MRSA 335, 336, 354, 355, 754-A, 901, 902 and 903);
Issue subpoenas (16 MRSA 101 and 37-B MRSA 427);
Call meetings (23 MRSA 3101, 30-A MRSA 2521, 37-B MRSA 427, 38 MRSA 851).
In-Person Electronic and Remote Notarial Acts: Maine 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
Definition: “'Acknowledgment' means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (4 MRSA 1902.1).
Requirements: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual” (4 MRSA 1905.1)
In an acknowledgment, the Notary must:
(1) require the signer to personally appear before the Notary,
(2) verify the identity of the signer and
(3) require the signer to acknowledge that he or she signed the document (NPH).
Oaths and Affirmations
Definition: The “Notary Public Handbook and Resource Guide” defines an oath as a “spoken, solemn promise to God that is made before a Notary in reference to a jurat or as a notarial act in its own right.”
Requirements: “When a Notary Public takes a sworn statement, an oath must be administered to each person sworn and must, in effect, ask each person ‘do you swear’ to the truth of the statement? It is important to note that there must be a verbal response from the oath taker in the presence of the Notary Public” (NPH).
Examples: The following sample oaths appear in the Maine Secretary of State’s “Notary Public Handbook and Resource Guide”:
“Do you (swear/affirm) under penalty of law that what you are about to say will be true (so help you God)?”
“Do you (swear/affirm) under penalty of law that you have read and understood _________ and that to the best of your knowledge and belief it is true (so help you God)?”
“Do you (swear/affirm) under penalty of law that you have executed this _________ and that it is your free act and deed (so help you God)?”Ceremony: “When administering an oath or affirmation, the Notary Public should require the signer to raise their right hand — we have all seen this done on television and in movies — and repeat the required oath or affirmation” (NPH).
Verifications
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.
A jurat [another term to describe a verification on oath or affirmation] is a “notarial statement that certifies the signer’s personal appearance, witnesses the signer signing the document, administers an oath, and positively identifies the signer” (NPH).Requirements: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual” (4 MRSA 1905.2)
In a jurat, the Notary must:
(1) require the signer to personally appear before the Notary,
(2) verify the identity of the signer,
(3) administer an oath or affirmation to the signer and
(4) watch the signer sign the document physically and manually (NPH).
Signature Witnessings or Attestations
Requirements: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (4 MRSA 1905.3).
Copy Certifications
Requirements: “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” (4 MRSA 1905.4).
Public and Vital Records: “A notarial officer is not authorized to make any certified or attested copies of public records or vital records. A notarial officer may not certify a copy of any document that states on its face that it is illegal to make copies of the document” (29-250 CMR Ch. 700, Sec. 8).
Paper Prinout Copy Certifications: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (4 MRSA 1904.2)
Protests
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” (3 MRSA 1505).
Limitation: “A notarial officer shall not make or note a protest of a negotiable instrument unless the notarial officer is an employee of a financial institution acting in the course and scope of the notarial officer’s employment with the financial institution” (29-250 CMR Ch. 700, Sec. 8).
Requirements: 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” (3 MRSA 1505).
“When requested, a notarial officer shall enter on record all losses or damages sustained or apprehended by sea or land and all averages and such other matters as, by mercantile usage, appertain to the notarial officer’s office and shall grant warrants of survey on vessels; all facts, extracts from documents and circumstances so noted must be signed and sworn to by all the persons appearing to protest. The notarial officer shall note, extend and record the protest so made and grant authenticated copies thereof under the notarial officer’s signature and, in the case of a notary public, notarial stamp to those who request and pay for them” (4 MRSA 1905.6).
Election Petitions, Absentee Ballots
Authorization: Maine Notaries are authorized to administer oaths and affirmations to candidates declaring their qualifications in a nomination petition (21-A MRSA 336 and 21-A MRSA 355) and to circulators witnessing signatures in primary petitions qualifying candidates (21-A MRSA 335 and 21 MRSA 354).
Requirements: 21-A MRSA Section 902 states the following requirements for administering the oath of the circulator of a citizen’s initiative or people’s veto petition: “The circulator of a petition must sign the petition and verify by oath or affirmation before a notary public or other person authorized by law to administer oaths or affirmations that the circulator personally witnessed all of the signatures to the petition and that to the best of the circulator's knowledge and belief each signature is the signature of the person whose name it purports to be and that each signature authorized under section 153-A was made by the authorized signer in the presence and at the direction of the voter. After administering the oath to the circulator, the notary public or other authorized person must sign the notarial certificate on the petition while in the presence of the circulator. After the petition is signed and verified in this manner, the petition must be submitted to the registrar for certification in accordance with the Constitution of Maine, Article IV, Part Third, Section 20” (21-A MRSA 902).
The Notary must keep a journal of these notarial acts (see “Records of Notarial Acts,” below).
In addition, a Notary is one of the officials authorized to witness absentee ballots. According to 21-A MRSA 754-A.2, when a ballot is delivered or returned by certain third persons, as specified, the following rules apply. The voter, before marking the ballot, must show it to a witness, one of whom may be a Notary, who must examine it to ensure that it is unmarked. While the voter is marking the ballot, there must be no communication between the voter and the Notary. The voter must then seal the ballot in its return envelope and complete the affidavit on the envelope in the presence of the Notary, who must sign the witness certification.
A voter who is unable to read or mark a ballot due to a physical disability, illiteracy or religious faith may request another qualifying individual to serve as an aide assisting the voter in reading or marking the ballot and the voter or aide must mark the ballot in the presence of a witness, one of whom may be a Notary (21-A MRSA 754-A.3). The voter or individual must show the unmarked ballot to the Notary who must examine it to be certain it is unmarked. While the voter or aide is marking the ballot, there must be no communication between the voter or aide and the Notary. The voter or aide must then mark the ballot so that it is impossible for anyone else present to see how the voter voted, seal the ballot in its return envelope, complete and sign the affidavit in the presence of the Notary, and sign the certification for aides on the outside of the envelope. The Notary must sign the witness certification.
Maine Notaries also may notarize signatures on applications to initiate proceedings for a people’s veto referendum or direct initiative of legislation under 21-A MRSA 901, 902. Effective September 25, 2017, a Notary who administers the oath or affirmation to the circulator of the petition must sign the notarial certificate on the petition while in the presence of the circulator. The Notary also must keep a log of petitions for which the Notary administered the circulator’s oath, listing the title of the petition, the name of the circulator taking the oath, the date of the oath and the number of petitions forms signed and verified by the circulator that day (21-A MRSA 902).
A Notary who is unfamiliar with Maine’s election laws (21-A MRSA) should not undertake the execution of absentee ballots.
Subpoenas
Authorization: In various Maine statutes, Notaries are authorized to issue subpoenas for witnesses for various purposes. “(N)otaries public may issue subpoenas for witnesses to attend before any court or before persons authorized to examine witnesses, to give evidence concerning any pending matter” (16 MRSA 101).
“A military judge, notary public or clerk of any District Court or Superior Court may issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books, papers and photographs relating to any questions in dispute before the court-martial or to any matters involved in a trial by court-martial” (37-B MRSA 427).
Meetings
Authorization: Maine statute authorizes Notaries to call meetings in the following circumstances:
(1) in towns once organized, without a select board, on written petition of any three voters (30-A MRSA 2521.3);
(2) in towns without selectmen, on written petition of any three voters; or in towns with selectmen, on petition of 10% of the voters (30-A MRSA 2521.4);
(3) among owners of 4 or more parcels of land benefited by a private road, private way or bridge as an easement or by fee ownership of the private road, private way or bridge (23 MRSA 3101); and
(4) among owners of a mill or a dam necessary for working the mill for the purpose of repairing or rebuilding the mill or dam (38 MRSA 851).
Marriages
Repeal of Authorization: Public Law 651 of 2021 (HP 1503) created a separate marriage officiant license and eliminates the power of Notaries Public to perform marriage ceremonies by virtue of their Notary commission.
Emergency administrative rules in Maine Code of Rules Chapter 720 (Agency 29, Sub-Agency 250) effective until October 3, 2023 provide rules on applying and renewing a license, and state that Notaries with existing commission automatically are issued a marriage officiant license unless they indicate on their Notary application their desire to decline to the Secretary of State.
“A notary public who has been issued a commission by the Secretary of State is not authorized to solemnize marriages in Maine unless the notary has also been issued a marriage officiant license by the Secretary of State pursuant to 5 M.R.S. § 90-G and Chapter 720, Rules Governing the Licensing of Marriage Officiants Who Are Authorized to Solemnize Marriages in Maine” 29-250 CMR Ch. 700, Sec. 2.4.C).
A marriage officiant license has a term of 7 years, but for Notaries Public, the license spans the term of their Notary Public commission.
In Person Electronic Notarial Acts
Definition: “'Electronic notarization' means a Maine notarial officer’s performance of a notarial act with respect to an electronic record, using an electronic signature and an electronic official stamp” (29-250 CMR Ch. 700, Sec. 1.3).
Remote Notarial Acts
Definition: “'Remote notarization' means a notarial act performed in compliance with 4 M.R.S. Chapter 29, by a notarial officer for a remotely located individual using communication technology approved by the Secretary of State” (29-250 CMR Ch. 700, Sec. 1.8).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “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” (4 MRSA 1906).
“Personal appearance is required by Maine law. To perform a notarization, the signer must personally and physically appear before the Notary Public… Never deviate from this requirement of personal appearance. No exceptions. A notarization cannot be done via video conferencing or similar video technology” (NPH).Remote Notarial Acts: “Except as provided in subsection 16, a remotely located individual may comply with [4 MRSA] section 1906 by using communication technology to appear before a notarial officer” (4 MRSA 1915.2).
Identification
Notarial Acts
Requirement: In taking an acknowledgment or verification on oath or affirmation, and witnessing or attesting a signature, a notarial officer must verify the identity of the principal by personal knowledge or satisfactory evidence (4 MRSA 1905.1, 2, and 3).
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (4 MRSA 1907.1)
Identification Credentials: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … [b]y means of …
“(1) A passport, driver’s license or government-issued nondriver identification card; or
“(2) Another form of government identification issued to an individual that contains the signature or a photograph of the individual and is satisfactory to the notarial officer” (4 MRSA 1907.2.A).
“Identification credentials must have a photograph to properly identify the signer. The Secretary of State strongly encourages Notaries Public to accept only government-issued credentials. All credentials accepted by Notaries Public for identification purposes should still be valid. Other non-governmental issued credentials may be easily falsified and might impact the validity of the transaction. Credit cards or social security cards are not ‘good’ forms of identification, as these items do not contain physical descriptions of the holder” (NPH).Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual … [b]y means of … [b]y a verification on oath or affirmation of a credible witness personally appearing before the notarial officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license or government-issued nondriver identification card” (4 MRSA 1907.2.B).
“As a general guideline, the Secretary of State suggests that a Notary Public only use this credible witness process with a witness that is personally known to the Notary Public. The Notary Public should unconditionally trust this person to take their word on the identity of another. This would not be the first option to exercise by the Notary Public; instead, if appropriate, require the signer to acquire proper identification, for example. If a Notary Public uses this witness process, the notarial certificate should reflect that a credible or subscribing witness was used in the language of the notarial certificate” (NPH).
See “Credible Witness Affidavit,” below, under “Certificate of Notarial Act.” According to the Secretary of State, the “affidavit must be attached to the document to be notarized, in addition to the acknowledgement or jurat that the signer completes” (website, “Sample Notarization Forms”).
The following information regarding reliance on a credible witness is provided on the Secretary of State’s website: “A credible witness is (used) when the signer of an instrument does not have identification or is not personally known to the Notary Public; another person (called the credible witness) knows the signer and can swear under oath as to the identity of the signer. The Secretary of State’s office recommends that this credible witness be personally known to the Notary Public” (website, “Sample Notarization Forms”).
The following “Sample Oath for Credible Witness,” to be administered by the Notary, is also suggested on the website: “Do you solemnly swear that (name of person making the acknowledgment or oath) is the person named in the document; that (name of same person) is personally known to you; that it is your reasonable belief that the circumstances of (name of same person) are such that it would be very difficult or impossible for him or her to obtain another form of identification and that you do not have a financial interest nor are you named in the document, so help you God?” (website, Sample Notarization Forms”).Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (4 MRSA 1907.3).
Remote Notarial Acts
Definition: “'Identity proofing' means a process or service by which a 3rd person provides a notarial officer with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (4 MRSA 1915.1.C).
Requirement: “Except as provided in subsection 16, a notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual if … [t]he notarial officer …
“(1) Has personal knowledge under section 1907, subsection 1 of the identity of the remotely located individual;
“(2) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notarial officer under section 1907, subsection 2 or this section; or
“(3) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least 2 different types of identity proofing” (4 MRSA 1915.3.A).
Refusal of Services
Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
“A. The individual executing the record is competent or has the capacity to execute the record; or
“B. The individual’s signature is knowingly and voluntarily made” (4 MRSA 1908.1).General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than this chapter” (4 MRSA 1908.2).
Competence
“Make certain the signers of the document have an understanding of what they are signing. While competency is both a complex medical and legal issue, it is incumbent upon a Notary Public to have a strong belief that the person understands the consequences of signing the document. Before the document is signed, the Notary Public should spend an appropriate amount of time to ascertain whether the person understands what they are signing. If the signer is unsure, confused or is possibly being unduly influenced to sign, the Notary Public should not act; instead referring the signer to an attorney or other professional to assist them would be appropriate and in the best interest of the signer” (NPH).
Incomplete Documents
“Scan the document for any blanks that may exist. There is no need for the Notary Public to read or know every item contained in the document; the Notary Public must only be certain that the part of the document which is to be signed by the Notary Public is true. Because blanks may affect the validity of a document, Notaries Public should advise the signer of the document to carefully understand the consequences of leaving blanks in a document and its impact on the validity of the document. Ultimately, the signer must make the final decision in this area. If blanks are left, the Notary Public should note such in the record book” (NPH).
Signers with Disabilities
Signature by Mark or Stamp: “In addition to the other standard notarial procedures, and as a Notary Public would require of anyone signing in a Notary Public’s presence, the Notary Public must observe the individual affix his or her mark or signature stamp to the document. Our office has been advised that there should be no difference in legal effect between that and having the person handwrite a signature in the Notary Public’s presence. Either way, the Notary Public should be able to attest that the person signed in their presence and is who the person purports to be” (NPH).
Visually-Impaired Persons: “If the signer is unable to read the document, then, in addition to the other standard notarial procedures, our office recommends that the Notary Public read the document to the signer to verify that the document about to be signed is the same one the signer is expecting to sign. The Notary Public should not explain the contents of the document to the signer as this is beyond the role of a Notary Public and could be construed as the unauthorized practice of law” (NPH).
Hearing-Impaired Persons: “If the signer is unable to communicate with the Notary Public due to a hearing impairment, then it is advisable for the Notary Public to find someone fluent in American Sign Language (ASL) who can assist communications. The objective is to assure that the Notary Public is able to have the same type of exchange they would have with any hearing person who appeared before them to take an oath or sign a document that had to be notarized” (NPH).
Notaries fluent in ASL may be located on the Secretary of State’s website using the Notary search feature (website, “Notary/Dedimus Search”).
Signature By Proxy
“If an individual is physically unable to sign a record due to a disability, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (4 MRSA 1909).
Foreign-Language Documents
“There are certain risks associated with signing a notarial statement when the Notary Public does not understand the overall content. A Notary Public should never sign a notarial certificate on a document that has been written in a language that is not understandable by the Notary Public. So, if the notarial statement is in another language and cannot be translated into English, what should occur? The Secretary of State would advise referring the customer to another Notary Public fluent in that language. The Secretary of State maintains information on Notaries Public who are fluent in many languages. If a customer is looking for a Notary Public who is fluent in Spanish, for example, the customer can go to the Secretary of State website … to use the Notary/Dedimus Search feature to locate a Notary Public that is fluent in Spanish” (NPH).
Correcting Documents
“Never use “white out” products to alter a document. If language needs to be altered, the signer should cross out or line through the language and initial all altered areas in the document” (NPH).
Employers
“Employers cannot alter official duties. No matter what demands may be made upon Notaries Public by constituents or employers; they must always limit their actions to those which fall within their authority even if the employer has paid the commission fee … An employer does have the right to regulate when a Notary Public can perform notarial acts during employment hours” (NPH).
Disqualifying Interest
Personal and Relational: “A notarial officer may not perform any notarial act for any person if that person is the officer’s spouse, domestic partner, parent, sibling or child or an in-law or a step or half relative of the officer” (4 MRSA 1904.3.A).
“A notarial officer may not perform any notarial act with respect to a record to which the notarial officer or the officer’s spouse, domestic partner, parent, sibling or child or an in-law or a step or half relative of the officer is a party or in which any of them has a direct beneficial interest” (4 MRSA 1904.3.B).
“Direct beneficial interest” for purposes of defining a conflict of interest under 4 M.R.S. § 1904(3)(B), means a fee other than the customary fee for performance of the notarial act, or any advantage, right, title, interest, cash, property or other consideration received in connection with the record” (29-250 CMR Ch. 700. Sec. 1.2).
“A Notary Public must not act in any official capacity if there is any interest which may affect impartiality. One important aspect to this general ‘conflict of interest’ principle is the rule that one may not act if one is a “party to the instrument” or also referred to as the ‘beneficial interest’ rule” (NPH)
“A Notary Public is a ‘party to the instrument’ in any transaction if the completion of the transaction will directly benefit the Notary Public, whether financially or in any other way” (NPH).
“In 2004, Maine law (see Title 22, Section 2710) created a new relationship called a registered domestic partner. Although not considered a spouse under this law, registered domestic partners have similar rights as married persons under the law. Therefore, the Secretary of State believes that Notaries Public cannot perform notarial acts for registered domestic partners and the relationships to the registered domestic partners” (NPH).Exception: “Notwithstanding paragraphs A and B, a notarial officer authorized by Title 19-A, section 655 to solemnize marriages may solemnize the marriage of a parent, sibling or child or an in-law or a step or half relative of the officer” (4 MRSA 1904.3.C).
Election Petitions: “A notary public or other person authorized by law to administer oaths or affirmations is prohibited from notarizing or certifying a petition under [21-A MRSA 902]:
“A. If employed or compensated by a petition organization for any purpose other than notarial acts;
“B. If providing services or offering assistance to a ballot question committee established to influence the ballot measure for which the petitions are being circulated or employed by or receiving compensation from such a ballot question committee for any purpose other than notarial acts; or
“C. If a treasurer, principal officer, primary fundraiser or primary decision maker to a ballot question committee established to influence the ballot measure for which petitions are being circulated” (21-A MRSA 903-D.1).
“A notary public or other person authorized by law to administer oaths or affirmations generally is not authorized to administer an oath or affirmation to the circulator of a petition under section 902 if the notary public or other generally authorized person is:
“A. Providing any other services, regardless of compensation, to initiate the direct initiative or people’s veto referendum for which the petition is being circulated. For the purposes of this paragraph, ‘initiate’ has the same meaning as section 1052, subsection 4-B; or
“B. Providing services other than notarial acts, regardless of compensation, to promote the direct initiative or people's veto referendum for which the petition is being circulated” (4 MRSA 903-E).
“A notarial officer may not administer an oath or affirmation to a circulator of a petition for a direct initiative or people’s veto referendum under Title 21-A, section 902 if the notarial officer also provides services that are not notarial acts to initiate or promote that direct initiative or people’s veto referendum” (4 MRSA 1904.5).
“It is a conflict of interest for a notary public to administer an oath or affirmation to a circulator of a petition for a direct initiative or people's veto referendum under Title 21-A, section 902 if the notary public also provides services that are not notarial acts to initiate or promote that direct initiative or people's veto referendum” (4 MRSA 954-A).Corporate Notaries: “Any notarial officer who is a stockholder, director, officer or employee of a bank or other corporation may take the acknowledgement of any party to any written instrument executed to or by the bank or corporation, may administer an oath to any other stockholder, director, officer, employee or agent of the bank or corporation or may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes and other negotiable instruments that may be owned or held for collection by the bank or other corporation. It is unlawful for any notarial officer to take the acknowledgment of an instrument by or to a bank or other corporation of which the notarial officer is a stockholder, director, officer or employee when the notarial officer is a party to the instrument, either individually or as a representative of the bank or other corporation, or to protest any negotiable instrument owned or held for collection by the bank or other corporation, when the notarial officer is individually a party to the instrument” (4 MRSA 1904.4).
Notary as Witness
Can a Notary Public serve as a witness on a document and as the Notary Public for the signer? — As a general guideline, the Office of the Attorney General has advised the Secretary of State that a Notary Public should not act both as a witness and as a Notary Public for the same transaction. In this advisory, the AG’s office indicated that generally there needs to be two different people involved in this process” (NPH).
Discrimination
“In the course of conducting the duties as a Notary Public, the Notary Public must never discriminate because of a person’s race, color, sex, sexual orientation, physical or mental disability, religion, creed, age, ancestry or national origin” (NPH).
Advertising
False or Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (4 MRSA 1926.2).
‘Notario Publico’: “A notary public who is not an attorney licensed to practice law in this State may not use the title ‘notario’ or ‘notario publico’” (4 MRSA 1926.3).
Mandatory Notice: “A notary public who is not an attorney licensed to practice law in this State may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this 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, prominently and in each language used 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.” If the form of advertisement or representation is not broadcast media, print media or the Internet and does not permit inclusion of the statement required by this subsection because of size, the statement must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (4 MRSA 1926.4).
Unauthorized Practice of Law
No Authority: “A notary public commission does not authorize an individual to:
“A. Assist persons in drafting legal records, give legal advice or otherwise practice law;
“B. Act as an immigration consultant or an expert on immigration matters;
“C. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
“D. Receive compensation for performing any of the activities listed in this subsection” (4 MRSA 1926.1.)
“Notaries Public may not practice law unless they are duly authorized members of the Maine Bar. Any advice given – no matter how clear or obvious it may appear – could be considered to be legal advice, and if anyone claims to have been misled by it, a lawsuit could result” (NPH).Drafting Documents: “Notaries Public should not draft a legal document” (NPH).
In-Person Electronic Notarial Acts
Applicable Law
Uniform Electronic Transactions Act: Maine has adopted the Uniform Electronic Transactions Act (10 MRSA 9401 through 9419), 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” (10 MRSA 9411).
Revised Uniform Law on Notarial Acts: Maine has adopted the Revised Uniform Law on Notarial Acts provisions related to notarial acts on electronic records. Those provisions are summarized below.
Code of Maine Rules: Administrative rules implementing the Revised Uniform Law on Notarial Acts and electronic notarial acts may be found in the Code of Maine Rules (Agency 29, Sub-Agency 250), Chapter 700. These rules are summarized below.
Technology Systems
Approval of System Providers: Required.
List of Approved System Providers: Provided. For a list of currently approved in-person electronic notarization vendors, see https://www.maine.gov/sos/cec/notary/Remote/techprovider.pdf.
Rules for Approval: 29-250 CMR Ch. 700, Sec. 5 contains extensive rules for the qualifications, process for approval and criteria for technology used for electronic notarization.
“To obtain approval, a technology provider must demonstrate that the technology to be used for electronic notarization in this State:
“A. Restricts access to the provider’s technology only to notarial officers whose written notice to the Secretary of State of their intent to perform electronic notarization has been accepted, in accordance with the requirements of this rule;
“B. Requires a password or other secure means of authentication to access the provider’s technology;
“C. Requires a notarial officer to present a valid Maine notary commission or other evidence of the notarial officer’s qualification to perform notarial acts prior to receiving an authorized digital or electronic stamp and signature;
“D. Includes a method to ensure that a notarial officer enrolled to use the technology has been trained and has the requisite knowledge to use it to perform notarial acts in compliance with 4 M.R.S. chapter 39 and this rule;
“E. Enables a notarial officer to retain their authorized digital or electronic signature under the notarial officer’s sole control and to affix their electronic signature in a manner that attributes the signature to the notarial officer, is capable of independent verification, and is tamper-evident;
“F. Enables a notarial officer to attach or logically associate a certificate of notarial act to the electronic record in a tamper-evident manner; and
“G. Uses tamper-evident technology sufficient to ensure that the electronic signature on an electronic record is authentic” (29-250 CMR Ch. 700, Sec. 5.2).
Performance of Electronic Notarial Acts
Standards: “When performing a notarial act with respect to electronic records, or affixing an electronic signature, the notarial officer must:
“(1) Require the principal to appear in person before the notarial officer at the time of the electronic notarization if the principal is making a statement or executing a signature on a record, pursuant to 4 M.R.S. § 1906;
“(2) Identify the principal who is physically present in accordance with 4 M.R.S. § 1907;
“(3) Verify that the principal has adopted an electronic signature that complies with 10 M.R.S. chapter 1051, if the record is to be signed electronically;
“(4) Complete an electronic notarial certificate and attach it to or logically associate it with the notarial officer’s electronic signature and official stamp in a tamper-evident manner and
“(5) Use an electronic signature in combination with the electronic notary stamp only for the purpose of performing electronic notarizations” (29-250 CMR Ch. 700, Sec. 5.7.A).Journal: For the requirement that notarial officers must keep a journal of all electronic notarizations, see “Records of Notarial Acts,” below.
Tamper-Evident Technology
Authorization: “A notarial officer may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notarial officer to perform a notarial act with respect to an electronic record with a technology that the notarial officer has not selected” (4 MRSA 1921.1).
Definitions
“'Tamper-evident' means that any change to a record displays evidence of the change” (29-250 CMR Ch. 700, Sec. 1.11).
“'Tamper-evident technology' means a set of applications, programs, hardware, software, or other technologies designed to enable a notarial officer to perform notarial acts with respect to electronic records or for remotely located individuals which display evidence of any changes made to an electronic record” (29-250 CMR Ch. 700, Sec. 1.12).
Remote Notarial Acts
Applicable Law
Revised Uniform Law on Notarial Acts: Maine has adopted the Revised Uniform Law on Notarial Acts provisions related to notarial acts for remotely located individuals. Those provisions are summarized below.
Code of Maine Rules: Administrative rules implementing the Revised Uniform Law on Notarial Acts and remote notarial acts may be found in the Code of Maine Rules (Agency 29, Sub-Agency 250), Chapter 700. These rules are summarized below.
Technology Systems
Approval of System Providers: Required.
List of Approved System Providers: Provided. For a list of currently approved remote notarization vendors, see https://www.maine.gov/sos/cec/notary/Remote/techprovider.pdf.
Rules for Approval: 29-250 CMR Ch. 700, Sec. 6 contains extensive rules for the qualifications, process for approval, and criteria for technology used for remote notarization.
“To obtain approval, a provider must demonstrate that the communication technology to be used for remote notarization in this state:
“A. Restricts access to notarial officers whose written notice to the Secretary of State of intent to perform remote notarization has been accepted, in accordance with the requirements of this rule;
“B. Requires a password or other secure means of authentication to access the provider’s technology;
“C. Requires a notarial officer to present a valid Maine notary public commission or other evidence of the notarial officer’s qualification to perform notarial acts in order to access or utilize the communication technology to perform remote notarizations;
“D. Includes a method to ensure that a notarial officer enrolled to use the technology has the requisite knowledge to use it to perform notarial acts in compliance with 4 M.R.S. chapter 39 and this rule;
“E. Enables a notarial officer to verify the identity of the principal and any required witness in compliance with 4 M.R.S. chapter 39 and this rule;
“F. For remote notarization of electronic records, enables a notarial officer to affix their electronic signature to an electronic notarial certificate in a manner that attributes the signature to the notarial officer and is tamperevident;
“G. For remote notarization of electronic records, enables a notarial officer to attach or logically associate a certificate of notarial act to the electronic record in a tamper-evident manner;
“H. Provides continuous, synchronous audio-visual feeds that allow the remotely located individual and the notarial officer to see and speak to one another simultaneously through live, real time transmission;
“I. Captures images with sufficient resolution to enable analysis of the remote individual’s credentials;
“J. Includes at least two (2) of the following methods of identity proofing:
“(1) A credential that is validated by a government or third party;
“(2) A biometric identifier, including a retina or iris scan, fingerprint, voiceprint, scan of hand or face geometry, or any other physiological, biological or behavioral characteristic used to identify an individual;
“(3) A public key certificate; or
“(4) An identity assessment based on a set of questions formulated from public or private data sources for which the principal has not provided a prior answer;
“K. For remote notarization of electronic records, provides a secure method of document upload and transfer;
“L. Records the audio-visual communication in real time and associates that recording with the notarial officer’s electronic record;
“M. Provides reasonable security measures to prevent unauthorized access to:
“(1) The live communication between the notarial officer and the remotely located individual;
“(2) The recording of the audio-visual communication;
“(3) The verification methods and credentials used to verify the identity of the remotely located individual; and
“(4) Electronic records presented for remote notarization, if applicable;
“N. Is capable of securely creating, storing, accessing and reproducing a copy of an electronic recording of the remote notarial act. and
“O. For remote notarization of electronic records, provides an electronic verification or audit trail of the electronically notarized document that is accessible to all parties involved in a notarial act that is performed remotely” (29-250 CMR Ch. 700, Sec. 6.3)Service of Process: “By allowing its communication technology or identity proofing to facilitate a notarial act for a remotely located individual or by providing storage of the audiovisual recording under subsection 3, paragraph C, the provider of the communication technology, identity proofing or storage appoints the Secretary of State as the provider’s agent for service of process in any civil action in this State related to the notarial act. The Secretary of State may specify by rule a reasonable fee for accepting service of process under this subsection” (4 MRSA 1915.15).
Performing Remote Notarial Acts
Device Requirements: “When performing a remote notarization, the notarial officer must … [u]se a device with a camera and microphone and ensure that the remotely located individual is also using a device with a camera and microphone so that real-time audiovisual communication is occurring” (29-250 CMR Ch. 700, Sec. 6.9.A.[1]).
Approved Providers Only: “When performing a remote notarization, the notarial officer must … [u]se only a communication technology provider and identity proofing method approved by the Secretary of State and identified in the notice provided by the notarial officer to the Secretary of State” (29-250 CMR Ch. 700, Sec. 6.9.A.[2]).
Reliable Internet Connection: “When performing a remote notarization, the notarial officer must … [p]roceed with the remote notarization only if the notarial officer determines that they have a reliable internet connection with the remotely located individual to enable the notarial officer to perform the remote notarization in compliance with 4 M.R.S. Chapter 39 and these rules” (29-250 CMR Ch. 700, Sec. 6.9.A.[3]).
Recitations: “When performing a remote notarization, the notarial officer must … [r]ecite information sufficient to identify the notarial officer, the officer’s authority to act, the type of notarial act to be performed, the name of the remotely located individual for whom the notarial act is being performed, and the date, time, and location of the notarial act at the commencement of the notarial proceeding” (29-250 CMR Ch. 700, Sec. 6.9.A.[4]).
Terminating and Restarting Remote Notarial Act: “When performing a remote notarization, the notarial officer must … [c]ease the remote notarization procedure and restart it from the beginning if:
“(a) the remotely located individual, any required witness or the notarial officer exits or disconnects from the communication technology before completion of the notarial act;
“(b) the audio or visual feed is interrupted or terminated for any reason; or
“(c) the notarial officer believes the process has been compromised and cannot be completed in accordance with applicable legal requirements” (29-250 CMR Ch. 700, Sec. 6.9.A.[6]).
Confirmation of Record: “Except as provided in subsection 16, a notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual if … [t]he notarial officer is able reasonably to confirm that a record before the notarial officer is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (4 MRSA 1915.3.A).
Remotely Located Individual Outside the United States: “Except as provided in subsection 16, a notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual if … [f]or a remotely located individual located outside the United States: (1) The record … [i]s 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 … [i]nvolves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and (2) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (4 MRSA 1915.3.D).
Journal: For the requirement that a notarial officer keep a journal of each notarial act for a remotely located individual, see “Records of Notarial Acts,” below.
Audiovisual Recording: For the requirement that a notarial officer keep an audiovisual recording of each notarial act for a remotely located individual, see “Records of Notarial Acts,” below.
Remote Oaths and Affirmations: “A notarial officer located in this State may use communication technology under subsection 3 to administer an oath or affirmation to a remotely located individual if, except as otherwise provided by other laws of this State, the notarial officer:
“A. Identifies the individual under subsection 3, paragraph A;
“B. Creates or causes the creation under subsection 3, paragraph C of an audiovisual recording of the individual taking the oath or affirmation; and
“C. Retains or causes the retention under subsection 11 of the recording” (4 MRSA 1915.8; see also 29-250 CMR Ch. 700, Sec. 6.9.C).Exceptions: “Notwithstanding any provision of this chapter to the contrary, a notarial officer may not perform the following notarial acts for a remotely located individual:
Elections Records
“A. Witnessing the marking and sealing of an absentee ballot pursuant to Title 21-A, section 754-A;
“B. Administering an oath or affirmation to a candidate for office under Title 21-A, section 336 or 355;
“C. Administering an oath or affirmation to the circulator of a candidate petition under Title 21-A, section 335 or 354;
“D. Witnessing the signing of an application for a people’s veto referendum or the direct initiative of legislation under Title 21-A, section 901; or
“E. Administering an oath or affirmation to the circulator of a people’s veto referendum or the direct initiative of legislation under Title 21-A, section 902” (4 MRSA 1915.16).Marriages: “A notarial officer may not solemnize a marriage pursuant to Title 19-A, section 655 for a remotely located individual” (4 MRSA 1915.17).
Paper Remote Notarial Acts
Acknowledgments Only: “A notarial officer located in this State may use communication technology under subsection 3 to take an acknowledgment of a signature on a tangible record physically present before the notarial officer if the record is displayed to and identified by the remotely located individual during the audiovisual recording under subsection 3, paragraph C” (4 MRSA 1915.4).
Display of Record: “If the tangible record is physically present before the notarial officer, the officer must display the record to the remotely located individual and have the individual identify the record during the audiovisual recording” (29-250 CMR Ch. 700, Sec. 6.9.B[1]).
Declaration Required: “The requirement under subsection 3, paragraph B for the performance of a notarial act with respect to a tangible record not physically present before the notarial officer is satisfied if … [t]he remotely located individual … [d]uring the audiovisual recording under subsection 3, paragraph C, signs … [t]he record; and … [a] declaration, in substantially the following form, that is part of or securely attached to the record: I declare under 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 notarial officer), a notarial officer, performed a notarial act and before whom I appeared by means of communication technology on (date)
............................................
(Signature of remotely located individual)
............................................
(Printed name of remotely located individual)” (4 MRSA 1915.5.A.1).
The requirement of the declaration is a safe harbor for the Notary and does not preclude the use of another procedure to satisfy the requirement that the notarial officer confirm that the record before the notarial officer is the same record in which the remotely located individual made a statement or on which the individual executed a signature under 4 MRSA 1915.3.B (4 MRSA 1915.7).
“If the tangible record is not physically present before the notarial officer, the remotely located individual must make the declaration described in 4 M.R.S. § 1915(5)” (29-250 CMR Ch. 700, Sec. 6.9.B[2]).Principal Located Outside the United States: “If the remotely located individual is located outside the territorial boundaries of the United States, the record may be acknowledged only if it meets the requirements of 4 M.R.S. §1915(3)(D)” (29-250 CMR Ch. 700, Sec. 6.9.B[3]).
Audiovisual Recording: During the audiovisual recording of the acknowledgment performed on a tangible record, the notarial officer must record the individual signing the record and declaration (4 MRSA 1915.5.B.1)
Delivery of Declaration: Once the declaration is signed, the remotely located individual must send the signed record and declaration to the notarial officer not later than 4 days after the notarial act was performed (MRSA 1915. 5.A.2).
Certificate of Notarial Act: Once the notarial officer receives the signed document and declaration from the remotely located individual, the notarial officer must execute a certificate of notarial act under MRSA 1916, which must include a statement in substantially the following form: “I (name of notarial officer) witnessed, by means of communication technology, (name of remotely located individual) sign the attached record and declaration on (date)” (MRSA 1915. 5.B.2).
“A notarial act performed in compliance with [4 MRSA 1915] subsection 5 complies with [4 MRSA] section 1916, subsection 1, paragraph A and is effective on the date the remotely located individual signed the declaration” (4 MRSA 1915. 6).Exceptions: The same exceptions related to elections records and marriages summarized under “Remote Notarial Acts,” above” apply to paper remote notarial acts.
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 who seeks performance of a notarial act by the notary public” (4 MRSA 1926.5).
Endorsements
“Notaries Public should not use their office or seal to promote or endorse a product, service, or contest. Notaries Public must make sure all notarial acts they may perform are valid…. (NPH)
Frivolous Notarizations
“Notaries Public must not make meaningless or frivolous notarizations” (NPH).
CERTIFICATE OF NOTARIAL ACT
Requirement
General Requirement: “A notarial act must be evidenced by a certificate” (4 MRSA 1916.1).
Specific Requirements: “The certificate must:
“A. Be executed contemporaneously with the performance of the notarial act;
“B. 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 Secretary of State;
“C. Identify the jurisdiction in which the notarial act is performed;
“D. Contain the title of office of the notarial officer;
“E. If the notarial officer is a notary public, indicate the date of expiration of the officer’s commission; and
“F. Contain the legibly printed or typed name of the notarial officer” (4 MRSA 1916.1).
The Maine Secretary of State’s “Notary Public Handbook and Resource Guide” states that Notaries must print, type or stamp on each certificate the Notary’s name, the words “Notary Public, State of Maine” and the commission expiration date.
“A document that needs to be notarized may be invalid without some statement by the Notary Public. A Notary Public must never sign a document without some notarial statement of the action taken” (NPH).Official Stamp Permitted on Tangible Records: “If a notarial act regarding a tangible record is performed by a notarial officer, an official stamp may be affixed to or embossed on the certificate” (4 MRSA 1916.2).
Official Stamp Required on Electronic Records: “If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in [4 MRSA 1916] subsection 1, paragraphs B, C and D, an official stamp must be attached to or logically associated with the certificate” (4 MRSA 1916.2).
Certificate Forms
Maine has adopted the Revised Uniform Law on Notarial Act and the Act’s short-form certificates. These certificate forms and others authorized by law and the Secretary of State, appear below.
Acknowledgment by Individual (4 MRSA 1917.1) State of Maine This record was acknowledged before me on (date) by (name(s) of person individuals). _________ (Signature of notarial officer) |
Acknowledgment by Corporation (4 MRSA 1917.2.) State of Maine This record was acknowledged before me on (date) by (name(s) of person individuals) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). _________ (Signature of notarial officer) |
Verification on Oath or Affirmation (4 MRSA 1917.3.) State of Maine Signed and sworn to (or affirmed) before me on (date) by (name(s) of individual(s) making statement). _________ (Signature of notarial officer) |
Signature Witnessing or Attestation (4 MRSA 1917.4.) State of Maine Signed (or attested) before me on (date) by (name(s) of individual(s)). _________ (Signature of notarial officer) |
Copy Certification (4 MRSA 1917.5.) State of Maine I certify that this is a true and correct copy of a record in the possession of ______________________. _________ (Signature of notarial officer) |
Acknowledgment by Individual (33 MRSA 775.12) State of Maine Then personally appeared the above named A. (and B.) and (severally) acknowledged the foregoing instrument to be his/her/their free act and deed. Before me, _________ (signature of Notary) (Seal, if any) |
Acknowledgment by Attorney (33 MRSA 775.13) State of Maine Then the above named _________, who signed the foregoing instrument as the attorney of the above named _________ (grantor), personally appeared and acknowledged the same to be his/her free act and deed. Before me, _________ (signature of Notary) (Seal, if any) |
Acknowledgment by Corporate Officer (33 MRSA 775.14) State of Maine Then personally appeared the above named _________ (name of officer who signed the deed, with his/her title), and acknowledged the foregoing instrument to be his/her free act and deed in his/her said capacity and the free act and deed of said corporation. Before me, _________ (signature of Notary) (Seal, if any) |
Acknowledgment by Executor, Administrator, Trustee, Guardian, Conservator, Receiver or Commissioner (33 MRSA 775[15]) State of Maine Then personally appeared the above named A. (and B.) in his/her/their said capacity and (severally) acknowledged the foregoing instrument to be his/her/their free act and deed. Before me, _________ (signature of Notary) (Seal, if any) |
Affidavit with Jurat (NPH) State of Maine I, _________ (name of person making affidavit), do swear (affirm), under penalty of perjury, and state (insert facts to be affirmed). _________ (signature of person making affidavit) Sworn to and subscribed before me this _____ day of _____, 20. _________ (signature of Notary) (Seal, if any) |
Certificate for Notarial Act by Military Judge Advocate or Paralegal (37-B MRSA 390-C.2) I, _____________________(name of notarizing Judge Advocate or Paralegal), certify that the foregoing instrument was subscribed and sworn/affirmed before me this ____________ day of _____________, 20____, by _____________________ (name of signer/declarant), ____________________(military service or Social Security number), and who is known to me to be (a member of the state military forces or United States Armed Forces)(the spouse of a member of the state military forces or United States Armed Forces). _________ (signature of notarizing Judge Advocate/Paralegal) (Seal, if any) |
Remote Notarial Certificate
“If a notarial act is performed under [4 MRSA 1915], the certificate of notarial act under [4 MRSA] section 1916 and the short form certificate under [4 MRSA] section 1917 must indicate that the notarial act was performed using communication technology” (4 MRSA 1915.9).
Tamper-Evident: “If a remote notarization involves an electronic record, a notarial certificate must be attached to or logically associated with that electronic record in a tamper-evident manner in accordance with 4 M.R.S. § 1916(6)” (29-250 CMR Ch. 700, Sec. 6.9.E).
Sufficiency of Certificate
Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections 1 and 2 and:
“A. Is in a short form set forth in section 1917;
“B. Is in a form otherwise permitted by the laws of this State;
“C. Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“D. Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 1905, 1906 and 1907 or a law of this State other than this chapter” (4 MRSA 1916.3).Remote Notarial Acts: “A short form certificate under [4 MRSA] section 1917 for a notarial act subject to this section is sufficient if it:
“A. Complies with rules adopted under subsection 13, paragraph A; or
“B. Complies with [4 MRSA] section 1917 and contains a statement in substantially the following form: This notarial act involved the use of communication technology” (4 MRSA 1915.10).
Executing a Certificate
“By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in [4 MRSA] sections 1904, 1905 and 1906” (4 MRSA 1916.4)
Contemporaneous Completion of Certificate
“A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (4 MRSA 1916.5).
Securing a Certificate
Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record” (4 MRSA 1916.6).
Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record” (4 MRSA 1916.6).
Compliance with Rules: “If the Secretary of State has established standards by rule pursuant to section 1928 for attaching, affixing or logically associating the certificate, the process must conform to the standards” (4 MRSA 1916.6).
“A certificate of acknowledgment should be written on the same document as the instrument acknowledged. If this is not possible, the certificate should fully and accurately describe the instrument acknowledged and should be securely attached to that instrument” (NPH).
Blank or False Certificate
“A Notary Public must never sign blank or false certificates as well” (NPH).
Stamp for Certificate
“Rather than having to print [individual short form acknowledgment] or similar statements for each document, a number of Notaries have found it more convenient to have a stamp with the form of the acknowledgment on it, thereby having only to fill in the county, date, name of the person acknowledged, their own signature and their own date of commission expiration” (NPH).
SEAL AND SIGNATURE
Definitions
“'Official stamp' means a physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record and includes an official notary seal” (4 MRSA 1902.8).
“'Stamping device' means:
“A. A physical device capable of affixing to or embossing on a tangible record an official stamp; or
“B. An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (4 MRSA 1902.8).
Official Stamp Requirement
Notarial Acts
Notaries Public: Permitted.
“If a notarial act regarding a tangible record is performed by a notarial officer, an official stamp may be affixed to or embossed on the certificate” (4 MRSA 1916.2).Other Notarial Officers: Permitted (4 MRSA 1916.2).
Recommendation: “The Secretary of State recommends that a seal be used on documents that will be leaving Maine” (NPH).
In-Person Electronic Notarial Acts
Notaries Public: Required.
“If a notarial act regarding an electronic record is performed by a notary public and the certificate contains the information specified in subsection 1, paragraphs B, C and D, an official stamp must be attached to or logically associated with the certificate” (4 MRSA 1916.2).Other Notarial Officers: Permitted. 4 MRSA 1916.2 exclusively pertains to Notaries Public and not to other notarial officers.
Remote Notarial Acts
Notaries Public: Permitted for remote notarial acts on paper records (4 MRSA 1916.2) and required for remote notarial acts on electronic records (4 MRSA 1916.2).
Other Notarial Officers: Permitted on paper and electronic notarial acts (4 MRSA 1916.2).
Official Stamp Format
Notarial Acts
Inked Stamp or Embosser: The law does not specify. The Notary embosser is traditional and widely seen in the state.
Copiable: “The stamp must be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated, pursuant to 4 M.R.S. § 1918(2)” (29-250 CMR Ch. 700, Sec. 7).
Shape/Size: “When a notary stamp is to be used by a notary public commissioned by the Secretary of State, the stamp must be a rectangular or circular stamp” (29-250 CMR Ch. 700, Sec. 7).
Components: An embossing or ink seal optionally used by a Notary must contain the following elements prescribed by law (4 MRSA 1918 and 29-250 CMR Ch. 700, Sec. 7):
Name of Notary
“Notary Public”
“State of Maine” or “Maine”
Commission expiration date
In-Person Electronic Notarial Acts: The same requirements for the format of the official stamp cited above apply to the official stamps of Notaries Public who perform in-person electronic notarial acts.
Remote Notarial Acts: The same requirements for the format of the official stamp cited above apply to the official stamps of Notaries Public who perform remote notarial acts on tangible and electronic records.
Examples
The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Maine law. Formats other than these may also be permitted.
Exclusive Use of Official Stamp
“The seal should not be used for any other purposes other than in the usual course of the duties as a Notary Public” (NPH).
Security of Stamping Device
“A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act” (4 MRSA 1919.1).
Endorsements
“Notaries Public should not use their office or seal to promote or endorse a product, service, or contest” (NPH).
Placement of Official Stamp
“When affixing the seal, embossed or inked, the Notary Public should use care as to not obstruct information on the document. The seal should be affixed next to the Notary Public’s signature” (NPH).
Marriage License
“[T]he use of a seal (embossing or ink) on the original marriage license is prohibited by rule by the Maine Office of Vital Records” (NPH).
Ownership of Seal
“The notarial seal, stamp … (are) the property of the Notary Public … without regard to who paid for these notarial supplies or commission — including an employer” (NPH).
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 shall promptly notify the Secretary of State on discovering that the device is lost or stolen” (4 MRSA 1919.1).
Destruction of Seal
Commission Resignation or Expiration: “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” (4 MRSA 1919.1).
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 render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable” (4 MRSA 1919.1).
Notary Signature
“The signature of the Notary Public must match the name and signature that is on file with the Secretary of State and must be originally signed. The use of a rubber stamped signature is not permitted under Maine law” (NPH).
Notary Name and Commission Expiration Date
“In addition to the signature of the Notary Public and in order for a document to be self-authenticating on its face (a person looking at the notarization knows the notarization is valid), the Notary Public must print or type the name (as it appears on the records of the Secretary of State’s office) and the commission expiration date directly beneath their signature” (NPH). The following example is offered:
John V. Doe
Notary Public, State of Maine
My Commission expires on January 24, 2013
“This information does not need to be handwritten, to the contrary, the Secretary of State recommends purchasing a stamp that includes this information so that it is legible to read” (NPH).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Not required.
In-Person Electronic Notarial Acts: Required.
“A notarial officer shall maintain a journal for all electronic … notarizations” (4 MRSA 1920.1).Remote Notarial Acts: Required “A notarial officer shall maintain a journal for all … remote notarizations” (4 MRSA 1920.1).
Record of Marriages: Required.
A marriage officiant (including a Notary Public) is required to keep and make a record of all marriages performed (see 19-A MRSA, Section 654).Record of Circulator Petitions: Required.
“The notary public or other authorized person who administered the oath to the circulator must keep a log of petitions for which that person administered the circulator's oath, listing the title of the petition, the name of the circulator taking the oath, the date of the oath and the number of petition forms signed and verified by the circulator that day” (21-A MRSA 902).Recording of Remote Notarial Acts: Required.
“Except as provided in subsection 16, a notarial officer located in this State may use communication technology to perform a notarial act for a remotely located individual if … [t]he notarial officer or a person acting on behalf of the notarial officer, creates an audiovisual recording of the performance of the notarial act” (4 MRSA 1915.3.C).
Journal Recommendation
Permitted: “A notarial officer may maintain a journal for all tangible notarizations” (4 MRSA 1920.1).
“The Secretary of State strongly recommends that Notaries Public maintain a record of all notarial acts. Not only is it a good way to keep track of individual acts; it also provides protection for both the Notary Public and the person requesting the notarial service. Additionally, a detailed record of the notarial transaction is useful in the event a Notary Public may be asked to provide documentation to a competent authority (a court of law for example) or testify in or provide a certified copy of the record to some legal proceeding” (NPH).Refused Notarial Acts: “The Secretary of State also strongly recommends that a Notary Public record in the journal any time that the Notary Public refused to act and the circumstances surrounding that refusal” (NPH).
One Active Journal
“A notarial officer 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” (4 MRSA 1920.2).
Format of Journal
“A journal [for electronic and remote notarial acts] may be created on a tangible medium or in an electronic format” (4 MRSA 1920.2).
Tangible Journal: If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages” (4 MRSA 1920.2).
“A notarial journal of a Notary Public may be in any form that meets the following physical requirements:
”a. The cover and pages inside the cover shall be bound together by any binding method that is designed to prevent the insertion or removal of the cover or a page;
“b. Each page shall be consecutively numbered from the beginning to the end of the journal. If a journal provides two pages on which to record the required information about the same notarial act, then both pages may be numbered with the same number or each page may be numbered with a different number. A page number shall be preprinted;
“c. A notarial journal of a Notary Public should contain on the inside of the front cover or on the first page the following information in any order:
“1. The name of the Notary Public;
“2. The Notary Public’s commission expiration date;
“3. The Notary Public’s residence or business street or mailing address; The earliest date the journal may be destroyed, which shall be seven years after expiration of the last commission in which entry was made in the journal; and
“4. That, in the event of the death of the Notary Public, the journal must be delivered or mailed to the Secretary of State;
“d. The meaning of any not commonly abbreviated word or symbol used in recording a notarial act in the notarial journal;
“e. The signature of the notary public;
“f. At the respective time of entry, the dates of the first and last notarial acts recorded in the notarial journal” (NPH).Electronic Journal: If the journal is maintained in an electronic format, it must be in a permanent, tamper-evident electronic format complying with the rules of the Secretary of State” (4 MRSA 1920.2).
Journal Entries
Required Entries for In-Person Electronic and Remote Notarial Acts: “An entry in a journal must be made contemporaneously with performance of the notarial act and contain the following information:
“A. The date and time of the notarial act;
“B. A description of the record, if any, and type of notarial act;
“C. The full name and address of each individual for whom the notarial act is performed;
“D. If identity of the individual is based on personal knowledge, a statement to that effect;
“E. If 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 dates of issuance and expiration of any identification credential; and
“F. The fee, if any, charged by the notarial officer” (4 MRSA 1920.3).Entries for Optional Journal: “If a record book (also referred to as a notarial register or journal) is used, each notarial act should be recorded with at least the following:
“a. the date and time of day of the notarial act;
“b. the type of notarial act;
“c. the type, title, or a description of the document or proceeding;
“d. the signature, printed name, and address of each principal;
“e. the evidence of identity of each principal, in the form of either:
1. a statement that the person is ‘personally known’ to the notary public;
2. a notation of the type of identification document, its issuing agency, its serial or identification number, and its date of issuance or expiration; or
3. the signature, printed name and address of each credible witness swearing or affirming to the person’s identity;
“f. the fee, if any, charged for the notarial act;
“g. the address where the notarization was performed if not the notary public’s business address; and
“h. any other information that the notary public deems to be necessary to fulfill the requirements under this section” (NPH)Prohibited Entries: “As part of any record keeping and to protect private information, a Notary Public must not record a Social Security or credit card number in the journal” (NPH).
Thumb- or Fingerprints: “Maine law does not allow nor does it require, as some other states do, a Notary Public to record a finger or thumb print in a notarial record book or journal. The Secretary of State strongly recommends that Notaries Public do not undertake finger printing in any way until Maine law determines the need for this process as part of standard notarial practice” (NPH).
Ownership of Journal
“The notarial … record book/journal is the property of the Notary Public … without regard to who paid for these notarial supplies or commission — including an employer” (NPH).
“If the Notary Public decides to maintain records, these records are to remain in the exclusive custody of the Notary Public” (NPH).
Retention of Records
Journal: “The notarial officer shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (4 MRSA 1920.1).
Audiovisual Recordings: “A notarial officer, a guardian, conservator or agent of a notarial officer or a personal representative of a deceased notarial officer shall retain the audiovisual recording created under subsection 3, paragraph C or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection 13, paragraph D, the recording must be retained for at least 10 years” (4 MRSA 1915.11; see also 29-250 CMR Ch. 700, Sec. 6.9.D).
Disposition of Records
Commission Resignation, Revocation, Suspension: “On resignation from, or the revocation or suspension of, a notary public’s commission, the former notary public shall retain the former notary public’s journal in accordance with [4 MRSA 1920] subsection 1 and inform the Secretary of State where the journal is located” (4 MRSA 1920.5).
“Instead of retaining a journal as provided in subsection 5, a former notary public may transmit the journal to the Secretary of State or a repository approved by the Secretary of State” (4 MRSA 1920.6).Death or 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 transmit it to the Secretary of State or a repository approved by the Secretary of State” (4 MRSA 1920.7).
FEES FOR NOTARIAL ACTS
Maximum Fees
There is no statutory schedule of fees for notarial acts.
Disclosure of Fees
“Any fee to be charged by a commissioned notary public for performing a notarial act must be disclosed in writing to the individual requesting the services of the notary public before the notarial act is performed. The notary public must obtain the individual’s consent to any fee to be charged prior to performing the notarial act” (29-250 CMR Ch. 700, Sec. 2.5.E).
Unreasonable Fees
“Given the fact the citizens of the State of Maine are placing trust in Notaries Public when seeking their services, it would be most inappropriate to charge fees which are unreasonable or unfair” (NPH).
Fee Schedule
“If a Notary Public charges for services, the Notary Public should establish a fee structure or schedule so that persons seeking their services will have some predictability or assurance on the fee” (NPH).
REAL ESTATE PRACTICES
Notary Signing Agents
Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Maine.
Recording Requirements
Acknowledgment: “Deeds and all other written instruments before recording in the registries of deeds, except those issued by a court of competent jurisdiction and duly attested by the proper officer thereof, and excepting plans and notices of foreclosure of mortgages and certain financing statements as provided in Title 11, section 9-1501, subsection (1), paragraph (a), and excepting notices of liens for internal revenue taxes and certificates discharging such liens and excepting notices of liens for taxes assessed pursuant to Title 36, Part 1 and Parts 3 to 8 and Title 26, chapter 13, and releases discharging such liens, must be acknowledged by the grantors, or by the persons executing any such written instruments, or by one of them, or by their attorney executing the same, or by the lessor in a lease or one of the lessors or lessor's attorney executing the same, before a notary public in the State, or before an attorney-at-law duly admitted and eligible to practice in the courts of the State, if within the State; or before any clerk of a court of record having a seal, notary public or commissioner appointed by the Governor of this State for the purpose, or a commissioner authorized in the State where the acknowledgment is taken, within the United States; or before a minister, vice-consul or consul of the United States or notary public in any foreign country” (33 MRSA 203).
Additional Recording Fee: “A register shall, at the time of receiving a deed or instrument for record, certify on the deed or instrument the day and the hour and minute when it was received and the book number and page number where the document is located. If the deed or instrument does not have sufficient room on the page or pages for the location of the recording information so that the register is required to add an additional page for the placement of the recording information, the register may charge in addition to any other fees allowed by law a fee of $2 for each page the register is required to add” (33 MRSA 653).
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in Maine
“1. Persons authorized to perform notarial acts. A notarial act may be performed in this State by:
“A. A notary public of this State;
“B. A justice, judge, clerk or deputy clerk of a court of this State;
“C. An attorney-at-law duly admitted and eligible to practice in the courts of this State; or
“D. Any other individual authorized to perform the specific act by the laws of this State.
“2. Prima facie evidence. The signature and title of an individual performing a notarial act in this State are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. Signature and title conclusive. The signature and title of a notarial officer described in subsection 1, paragraph A, B or C conclusively establish the authority of the officer to perform the notarial act.
“4. Laws on notaries public apply to notarial officers. If a provision of law other than a provision in this chapter specifies that an act may be performed by a notary public, such act may be performed by any of the notarial officers described in subsection 1, paragraph A, B or C unless the law expressly provides otherwise” (4 MRSA 1910).
Applicability of Laws: “If a provision of law other than a provision in [4 MRSA Chapter 39] specifies that an act may be performed by a notary public, such act may be performed by any of the notarial officers described in subsection 1, paragraph A, B or C unless the law expressly provides otherwise” (4 MRSA 1910.4).
Judges and Clerks of Court: Judges and clerks of the district court are ex officio Notaries (4 MRSA 158). Acknowledgment of deeds and other written instruments, before recording, may be taken by any clerk of a court of record having a seal (33 MRSA 203).
Commissioners of Deeds: The Governor of Maine may appoint commissioners of deeds to serve in any U.S. jurisdiction or foreign nation and notarize documents for use or recording in Maine. Commissioners’ powers include taking acknowledgments and proofs, administering oaths, and taking and certifying depositions (33 MRSA 251 and 253).
Justices of Peace: “Beginning in 1981, the office of Justice of the Peace, as it was traditionally known, was phased into the office of Notary Public under the title Notary Public. The process was completed in 1988” (NPH).
An office called Justice of the Peace still exists in Maine, but these officers no longer share any powers with Notaries Public (website, “Justices of the Peace”).Dedimus Justices: “Dedimus Justices perform a single function under Maine statute, that of swearing in various public officials, including Notaries Public. The office is a lifetime appointment by the Governor” (website, “Dedimus Justice”).
County Jail Employees: Under very specific circumstances, a county-jail employee may take an acknowledgment: “If a court issues an order that a defendant in custody be released, pending trial, on personal recognizance or upon execution of an unsecured appearance bond …, an employee of the county jail having custody of the defendant, if authorized to do so by the Sheriff, may, without fee, prepare the personal recognizance or bond and take the acknowledgment of the defendant” (15 MRSA 1025-A).
Military Personnel: “A judge advocate or paralegal serving in the state military forces has, by virtue of the judge advocate’s or paralegal’s office and service, the powers of a notary public in the performance of all notarial acts to be executed for any member of the state military forces or United States Armed Forces or spouse of a member of the state military forces or United States Armed Forces. A fee may not be paid to or received by any person for the performance of a notarial act authorized in this subsection. The signature of any such person acting as a notary, together with the person’s official title, is prima facie evidence that the signature is genuine, that the person holds the designated title and that the person is authorized to perform a notarial act…” (37-B MRSA 390-C[2]). A certificate format is suggested by the law — see “Suggested Certificate for Notarial Act by Military Judge Advocate or Paralegal” (37-B MRSA 390-C[2]), above, under “Notarial Certificates” — but an official seal is not required.
Notarial Acts in Another State
“1. Notarial acts in other states recognized. 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 that state is performed by:
“A. A notary public of that state;
“B. A judge, clerk or deputy clerk of a court of that state;
“C. Any other individual authorized by the laws of that state to perform the notarial act.
“2. Prima facie evidence. The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. Signature and title conclusive. The signature and title of a notarial officer described in subsection 1, paragraph A or B conclusively establish the authority of the officer to perform the notarial act” (4 MRSA 1911).
Notarial Acts Under Authority of Federally Recognized Indian Tribe
“1. Notarial acts under authority of federally recognized Indian tribes recognized. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by:
“A. A notary public of the tribe;
“B. A judge, clerk or deputy clerk of a court of the tribe; or
“C. Any other individual authorized by the laws of the tribe to perform the notarial act.
“2. Prima facie evidence. The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. Signature and title conclusive. The signature and title of a notarial officer described in subsection 1, paragraph A or B conclusively establish the authority of the officer to perform the notarial act” (4 MRSA 1912).
Notarial Acts Under Federal Authority
“1. Notarial act under federal authority recognized. 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:
“A. A judge, clerk or deputy clerk of a federal court;
“B. An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“C. An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
“D. Any other individual authorized by federal law to perform the notarial act.
“2. Prima facie evidence. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“3. Signature and title conclusive. The signature and title of an officer described in subsection 1, paragraph A, B or C conclusively establish the authority of the officer to perform the notarial act” (4 MRSA 1913).
Foreign Notarial Acts
“1. Foreign state. As used in this section, “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe.
“2. Foreign notarial acts recognized. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of a 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.
“3. Digest or list conclusive. 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.
“4. Prima facie evidence. The signature and official stamp of an individual holding an office described in subsection 3 are prima facie evidence that the signature is genuine and the individual holds the designated title.
“5. Hague Convention. 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 the signature of the notarial officer is genuine and that the officer holds the indicated office.
“6. Consular authentication. A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (4 MRSA 1914).
AUTHENTICATION OF NOTARIAL ACTS
Secretary of State
Authenticating certificates for Notaries, including apostilles, are issued by the office of Maine’s Secretary of State (website, “Authentications/Apostilles).
Fees: $10 per signed document for an authenticating certificate, including an apostille. Fees are payable by check or money order to the “Secretary of State,” or by Visa or MasterCard.
Mailing Address:
Secretary of State
101 State House Station
Augusta, ME 04333-0101Courier Delivery or in Person:
Secretary of State
111 Sewall St., 4th Floor
Augusta ME 04330Phone: 207-624-7736
Procedure: Download and complete an “Apostille/Authentication Request,” available on the Secretary of State’s website. Mail or present in person the original notarized document(s), the completed request form and the appropriate fee.
County Clerks
A law enacted in 1991 eliminated the requirement that the Maine Secretary of State inform the register of probate and clerks of judicial courts of new Notary commissions in their counties. (Such notification appears to have been discontinued around 1981, when the original office of justice of the peace was merged with the office of Notary Public.) Thus, county officials no longer issue authenticating certificates for Notaries.
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