29-250-700 Me. Code R. § 2

Current through 2024-51, December 18, 2024

Section 250-700-2 - APPOINTMENT OF NOTARY PUBLIC

1.Criteria for appointment as a notary public

To qualify for appointment as a notary public, the applicant must meet the following criteria:

A.Age eligibility. An applicant must be at least 18 years of age at the time of submitting the application;

B.Residency or place of employment or business in Maine. An applicant must demonstrate:

(1) Is a Maine resident; or

(2) Has a place of employment located in Maine; or

(3) Has a business located in Maine;

C.Language proficiency. An applicant must demonstrate an ability to read and write the English language;

D.Trustworthiness. An applicant 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.

A crime involving fraud, dishonesty or deceit includes, but is not limited to, any crime involving false swearing, unsworn falsification, perjury, tampering with public records, impersonation, bribery, forgery, identity theft, negotiating a worthless instrument, misuse of information, theft, larceny, robbery, extortion, counterfeiting, unauthorized transfer of property, misappropriation, embezzlement, and deceptive practices; and

E.Examination. An applicant 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. The examination will be administered by the Secretary of State and based on a course of study offered regularly by the Secretary of State in accordance with 4 M.R.S. § 1923.

2.Application process.

A.Application. The applicant for a notary public commission must file an application using the latest form issued by the Secretary of State, which must require submission of the following information, at a minimum:

(1) The applicant's legal name;

(2) The applicant's date of birth;

(3) The applicant's residence address;

(4) The applicant's mailing address, if different from the physical residence address;

(5) The applicant's email address and contact telephone number;

(6) A list of any crimes punishable by one year or more of imprisonment for which the applicant has been convicted in Maine or in any other jurisdiction;

(7) A list of any crimes involving fraud, dishonesty or deceit for which the applicant has been convicted in Maine or in any other jurisdiction;

(8) Disclosure of any legal proceedings in any jurisdiction that resulted in findings against the applicant or admissions of liability by the applicant;

(9) If the applicant is not a resident of Maine but is eligible to apply based on having a place of employment in Maine, the application must include the address of the applicant's place of employment and a signed statement by the applicant's employer verifying the applicant's employment status;

(10) If the applicant is not a resident of Maine but is eligible to apply based on having a business in Maine, the application must include the legal name, and the physical and mailing addresses of that business; and

(11) A declaration signed by the applicant that all information provided in the application is true and correct.

B.Additional information required for electronic or remote notarization.

(1)Notice of intent to perform electronic notarization. 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.

(2)Notice of intent to perform remote notarization. If the applicant intends to perform notarial acts for remotely located individuals, the applicant must submit the notice form prescribed by the Secretary of State that contains the information required by section 6, subsection 8 of this rule pertaining to remote notarization.

C.Application Fee. Every application for a notary public commission must be accompanied by payment of a fee prescribed by 5 M.R.S. §87, submitted to the Secretary of State and made payable to the Treasurer, State of Maine.

3.Term of appointment

If the Secretary of State determines that the applicant has satisfied all the criteria for appointment, the Secretary shall issue a notary public commission to the applicant for a term of 7 years from the date of issuance.

4.Issuance of certificate and qualifications

A.Process of Qualifying. 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.

B.Authority to perform electronic or remote notarial acts. A notary public who has been issued a commission is not authorized to perform electronic or remote notarizations unless and until a notice meeting all the requirements described in section 5, subsection 6, and 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.

C.Authority to solemnize marriages. 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.

5.Change of information or status of commissioned notary public

A. 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.

B.Effect of name change. A notary public who notifies the Secretary of State of a name change as required by section 2, subsection 5, paragraph A of this rule 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.

C.Issuance of 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.

D.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.

E.Fees for notarial services. 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 C.M.R. ch. 700, § 2