Yes, notaries public can still perform notarial acts in person during the state of emergency but should use their best judgement on whether the notarial act is considered essential and abide by social distancing, CDC and MDH guidance in the conduct of any essential notarial services. Additional guidance for performing in person notarization amid this current public health crisis can be found here: https://www.nationalnotary.org/notary-bulletin/blog/2020/03/notaries-precautions-coronavirus.
No, the Secretary of State does not recommend or endorse a particular communication technology
The Secretary of State recommends you contact your local professional associations for information regarding communication technology vendors, such as the
National Notary Association https://www.nationalnotary.org/
Maryland Bankers Association: https://www.mdbankers.com/
Maryland Realtors Association: https://www.mdrealtor.org/
Maryland Land Title Association: https://www.mdlta.org/
A list of vendors, is below, the notary is responsible to determine if the vendor meets the requirements in Maryland. The list is not intended to be an all-inclusive or comprehensive list, nor is it an endorsement of any vendor, nor is it any particular order.
No, $4 is the fee that may be charged under Maryland law.
A notary public commission is valid from the time the person qualified before the Clerk of the Circuit Court until four years from the date the commission was issued. The expiration date is shown on each commission.
The Secretary of State will send a renewal application at or before the expiration of the commission term. The notary public should submit the completed application to the Secretary of State with the required processing fee. Upon approval, the notary public will be issued a notice of renewal. It is the duty of the notary public to appear, pay the fees and qualify before the Clerk of the Court within 30 days after issuance of notice of renewal. Failure to qualify within 30 days after notice constitutes a revocation of the appointment and commission.
Whenever the name of a notary is changed, the notary may continue to perform official acts under the name in which the notary was commissioned, until the expiration of commission. However, it is preferable to use the form New Name, commissioned as Prior Name. The notary shall, within 30 days after a change of name or address notify the Secretary of State and the Clerk of the Circuit Court of the County, or Baltimore City, depending upon where the notary received the commission.
A notary who wishes to obtain a commission in a new name may do so by requesting a name change application from the Secretary of State, which is to be completed and returned, along with the old commission. The notary must appear before the Clerk to be sworn in and pay an administrative fee of $8.00. When a new commission is issued because of a change of name, the previous commission held in the old name is canceled.
The Attorney General has given an opinion that a married person may use their maiden or married name on their notary commission and seal. The name chosen must agree, on the commission, on the seal, and as he or she signs their name on the certification. He or she may choose either name, but whichever he or she chooses, the use must be consistent. That is, his or her name as used as a notary public, should be the same one used for other purposes: business, professional, or personal. Based upon an earlier court case, the opinion stated that a married person may retain his or her given birth name by using it exclusively, consistently, and non-fraudulently.
Yes, a recent change in Maryland law does permit a Maryland notary to act as a witness in his or her official capacity, even if the document does not contain a notarial certificate after the signature line. Please remember a notary should not affix certificate wording to a document if it does not already exist. Adding certificate wording could change the legal meaning of your notarization.
A notary public acting as a witness in the notary's official capacity is required to follow this procedure:
A notary public commission issued by the State of Maryland does not authorize the holder to act as a notary public in another state or the District of Columbia. Similarly, a notary public of another state may not act as a notary public in Maryland, unless the person also holds a commission issued by Maryland.
As a general rule, a notary public should not do any official act with regard to any matter in which the notary is personally involved, whether that involvement is direct or indirect. To minimize personal involvement, notaries should refrain from performing official acts for members of their immediate families, even though not ordinarily under a legal duty to refrain.
As a public officer, a notary should perform any notarial power to any individual who makes a reasonable and lawful request for notarization. A notary may, however, refuse to notarize a document if the notarization would result in an illegal or improper act or the notary knows that the transaction is fraudulent.
Generally, a notary should not refuse to notarize a document solely because the individual requesting notarization is not a client or customer of the notary or the notary's employer. Because the notary is a public official, a notary public should be available to perform notarial services for the public at large.
Each notary public is required by law to keep a fair register of all official acts performed. A fair register would include at least:
A notary can purchase a fair register or journal from most office supply stores.
The certificate of the notary public is a form of receipt which the notary completes to show that an acknowledgment has been taken or oath administered. The certificate of a notary public is the act of an officer of the State, and, therefore, carries great legal weight. Please remember a notary should not affix this certificate wording to a document themselves.
Because the certificate is so important, severe criminal penalties are imposed by law for the making of a false certificate. Therefore, a notary must possess a clear under- standing of notarial duties, and ensure that they are performed accurately.
Each notary public must furnish, at his or her own expense, a seal of office. It is a public seal, even though the notary public purchased it. The notary public should use great care to see that it is not lost, stolen, or misused. A notary can purchase a fair register or journal from most office supply stores.
The seal must be either an embosser which makes a raised impression in the paper or a rubber stamp which makes an ink impression upon the paper. Both are in general use throughout the State. Either type must contain the following:
Please note the seal contains the above information and should not include certificate wording which adds an oath, affirmation, or acknowledgement to the document.
A notary public has no authority to certify a copy of a public record, a publicly recorded document, a school record or diploma, a professional license, or any other public or private document or record which does not pertain to the notary public's official acts.
In accordance with State Government Article §18-112 of the Annotated Code of Maryland, the Secretary of State is authorized to issue regulations regarding notarial fees. Regulations were issued and became effective on November, 2000, outlined as follows:
A notary public, like other civil officers of the State, may be removed from office by the Governor for incompetency or misconduct.
The criminal law of Maryland imposes fines and terms of imprisonment for the following wrongful conduct of any person, including a notary public. These criminal penalties are in addition to any action for removal by the Governor. Among the offenses particularly significant to notaries public are those which pertain to:
Of course, improper conduct by notaries public may involve violations of other laws. The three examples set forth above are mentioned to illustrate the care with which notaries public must perform their duties.
Any person who is:
An application is submitted to the Secretary of State with a non-refundable $9.00 processing fee. It then goes to the State Senator of the applicant's senatorial district. If the Senator approves the application, it is returned to the Secretary of State, and appointment will be made upon approval of the Governor.
Applications submitted to the Secretary of State by out-of-state persons are transmitted to a State Senator chosen by the applicant. Usually, the Senator chosen is the one where the applicant works or the one whose jurisdiction is closest to the applicant's residence.
After appointment by the Governor, a commission (the written statement of the appointment) is prepared. The commission is sealed with the Great Seal of the State and is signed by the Governor and Secretary of State. The applicant is then notified to appear before the Clerk of the Circuit Court of the County, or Baltimore City, in which the applicant resides.
Out-of-state applicants appear before the Clerk of the Circuit of the County, or Baltimore City, in which the endorsing Senator has jurisdiction.
The appointee must pay a fee of $10.00 for the commission and $1.00 registration fee to the Clerk and take the oath of office. The appointee then receives the commission and is qualified to act as a notary public.
16 Francis St. Annapolis, MD 21401 ~ Phone Number: 410-974-5521 ~ FAX Number: 410-974-5190
Office Hours: 8:30 - 4:30 ~~~ Certification Hours: 8:30 - 4:00