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01.02.08.00.htm 01.02.08.00. Title 01 EXECUTIVE DEPARTMENT Subtitle 02 SECRETARY OF STATE Chapter 08 Notary Public: General Regulations Authority: State Government Article, §18-103, 18-107 and 18-222, Annotated Code of Maryland; Ch. 407, §1, Acts of 2019, Effective October 1, 2020
01.02.08.01.htm 01.02.08.01. 01 Definitions.. A. In this chapter, the following words have the meanings indicated.. B. Terms Defined.. 1) “Acknowledgment” means a declaration by an individual before a notarial officer that:. a) The individual has signed a record for the purpose stated in the record; and. b) If the record is signed in a representative capacity, the individual signed the record with proper authority, and signed it as the act of the individual or entity identified in the record.
01.02.08.02.htm 01.02.08.02. 02 Fees.. A. A notary public may demand and receive a fee of no more than $4 for the performance of an original notarial act or remote notarial act.B. When a notary public is requested to notarize more than one copy of the same record, where the copy or copies have been signed at the same time by the same person or persons, the notary may demand and receive $2 for notarizing each signature on the original or first copy of the record, and may demand and receive $1 for e
01.02.08.03.htm 01.02.08.03. 03 Processing Fee.. Each application for an original or renewal appointment as a notary public shall be accompanied by a processing fee of $9 payable to the Secretary of State.
01.02.08.04.htm 01.02.08.04. 04 Qualifications of Remote Online Notary Venders.. A. To qualify as an authorized remote online notary vendor by the Secretary of State, the vendor shall meet the following criteria:1) The vendor shall be incorporated to do business in the United States of America;. 2) The vendor shall be a company based in the United States of America that has been lawfully operating in the United States of America for at least 3 years;3) All encryption and decryption services provided
01.02.08.05.htm 01.02.08.05. 05 Responsibilities of a Remote Online Notary Vendor.. A. A remote online notary vendor shall receive written authorization from the Secretary of State before allowing its technology to be used by Maryland notaries public.B. A remote online notary vendor shall apply to the Secretary of State for authorization using the form prescribed for this purpose by the Secretary of State.C. Before a remote online notary vendor may provide services to a Maryland notary public, the vendor shall:
01.02.08.06.htm 01.02.08.06. 06 Revocation of Remote Online Notary Vendor Authorization.. The Secretary of State may revoke authorization of a remote online notary vendor if the Secretary of State determines that the technologies used by the remote online notary vendor do not meet the requirements of applicable law or regulations. Prior to revoking authorization, the Secretary of State or a designee may speak to the vendor informally to determine if the vendor meets the qualifications for authorization set for
01.02.08.07.htm 01.02.08.07. 07 Obligations of Notaries Public Who Perform Remote Notarial Acts.. A. To perform remote notarial acts, a Maryland notary public shall be a currently commissioned Maryland notary public in good standing and shall:1) Notify the Office of the Secretary of State in writing of their intent to perform remote notarial acts using a form prescribed by the Office of the Secretary of State for this purpose before they may perform remote notarial acts;2) Identify the authorize
01.02.08.08.htm 01.02.08.08. 08 Responsibilities of Notaries Public.. A. The notary is responsible for reading and understanding State Government Article, Title 18, Annotated Code of Maryland, as well as regulations, handbooks, and other public guidance issued by the Secretary of State relating to responsibilities of notaries public and performance of notarial acts.B. Notaries public are public officers and it is their legal responsibility to perform notarial acts in compliance with the n
01.02.08.09.htm 01.02.08.09. 09 Change in Name, Address, or Email Information.. Notaries public are required to notify the Office of the Secretary of State within 30 days if, at any time during their commission, a notary public changes their:A. Name;. B. Home address;. C. Home phone number;. D. Cell phone number, if one was provided at the time of application;. E. Electronic mail (email) address;. F. Business phone number; or. G. County of residence..
01.02.08.10.htm 01.02.08.10. 10 Electronic Mail Communications.. Effective January 1, 2021, and except for correspondence relating to enforcement actions, the Office of the Secretary of State will send all communications to notaries public using electronic mail only. Each notary public is responsible for ensuring the Office of the Secretary of State has a current and active email address.
01.02.08.11.htm 01.02.08.11. 11 Enforcement Actions.. A. Due to a lawful delegation of authority from the Governor pursuant to State Government Article, §18-104(b)1) Annotated Code of Maryland, the Secretary of State, effective January 21, 2015, and the Assistant Secretary of State, effective September 2, 2015, may take an enforcement action under State Government Article, §18-104(a) Annotated Code of Maryland, to deny, refuse to renew, revoke, suspend, or impose conditions on a commission as notary
01.02.08.12.htm 01.02.08.12. 12 Publication of Commission Status.. The Office of the Secretary of State may choose to publish information relating to the status of the commission of a notary public or former notary public, including the date of commencement and expiration of any suspension, nonrenewal, or revocation of the commission. Disclosure of information under this regulation is deemed compliant with General Provisions Article, §4-332(b)4) Annotated Code of Maryland.
01.02.08.9999.htm 01.02.08.9999. Administrative History Effective date: October 8, 1984 (11:20 Md. R. 1740). Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333). Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593). Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332). Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733) adopted permanently effective October 16, 1989 (16:20 Md. R. 2179) ―
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