Md. Code Regs. 01.02.08.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.02.08.07 - 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) If the notary public intends to perform remote notarial acts using a remote online notary vendor:

(a) Identify the authorized remote online notary vendor or vendors they intend to use to perform such remote notarial acts;

(b) Notify the Office of the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor, if the notary public changes vendors; and

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

(3) If the notary public intends to perform remote notarial acts without identifying remotely located individuals through identity proofing and credential analysis the notary public shall submit a form used by the Office of the Secretary of State for this purpose and acknowledge that the notary public must have personal knowledge under State Government Article, §18-206(a), Annotated Code of Maryland of the identity of the remotely located individual or have satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under State Government Article, §18-206(b), Annotated Code of Maryland or as a remotely located individual under this section.

(4) Use technology that can make an audio-visual record of the entire physical location of the notarial act and all persons physically present for the remote notarial act;

(5) Require all persons physically present with the remotely located individual for the remote notarial act to identify themselves and their role in the transaction;

(6) Charge no more than the allowed fee for a notarial act under State Government Article, §18-214, Annotated Code of Maryland, as set forth in Regulation .02F of this chapter; and

(7) Create and retain an audio-visual recording of each performance of a remote notarial act for a minimum of 10 years.

B. Upon renewal of a notary public's commission, a notary public will be required to submit a new remote notary notification form with the Office of the Secretary of State.

C. A notary public's authority to perform remote notarial acts expires with the expiration of their notary public commission.

D. A notary public authorized to perform remote notarial acts may cancel their authorization by submitting a written notice to the Office of the Secretary of State.

E. It is unlawful for any individual to represent themselves to be authorized to perform remote notarial acts if the individual has not provided the required notification to the Office of the Secretary of State.

F. The Secretary of State may not authorize a notary public to perform remote notarial acts if the person submits a notary application containing a substantial and material misstatement or omission of fact.

Md. Code Regs. 01.02.08.07

Regulation .07 adopted effective 47:20 Md. R. 874, eff. 10/5/2020; amended effective 49:23 Md. R. 995, eff. 11/14/2022