# State Government (GSG)

## Title 18. Notarial Acts

### Subtitle 1. Notaries Public

#### Section 18-101

(a)

  (1) Except as provided in paragraph (2) of this subsection, the Governor, on approval of the application by a Senator representing the senatorial district and subdistrict in which the applicant resides or on approval by any Senator if the senatorial office representing the senatorial district and subdistrict in which the applicant resides is vacant, may appoint and commission individuals as notaries public as provided in this title.

  (2)

    (i) A Senator may delegate the Senator's authority to approve applicants under this subsection to the Secretary of State.

    (ii) If a Senator has delegated approval authority under subparagraph (i) of this paragraph, the Governor may appoint and commission an individual as a notary public as provided in this title on approval of the application by the Secretary of State.

(b)

  (1) The Governor, on approval of the application by the Secretary of State and a member of the Senate of Maryland, shall appoint and commission out-of-state individuals as notaries public as provided in this title.

  (2) An out-of-state notary shall be deemed to have irrevocably appointed the Secretary of State as the notary's agent upon whom may be served any summons, subpoena, subpoena duces tecum, or other process.

#### Section 18-102

(a) Subject to Sec. 18-104 of this subtitle, to be appointed as a notary public, an individual must:

  (1) be at least 18 years old;

  (2) be of good moral character and integrity;

  (3)

    (i) be a resident of the State; or

    (ii) have a place of employment or practice in the State;

  (4)

    (i) beginning October 1, 2021, for an initial applicant, have completed the course and passed the examination offered under subsection (b) of this section; or

    (ii) beginning October 1, 2021, for a renewal applicant, have completed the course offered under subsection (b) of this section;

  (5) if living in the State, be a resident of the senatorial district from which appointed; and

  (6) if living outside the State, be a resident of a state that allows Maryland residents working in that state to serve as notaries public in that state.

(b)

  (1) On or before October 1, 2021, subject to paragraph (2) of this subsection, the Secretary of State regularly shall offer a course of study and an examination that cover the laws, regulations, procedures, and ethics relevant to notarial acts.

  (2) The course and examination may be offered through an entity approved by the Secretary of State.

#### Section 18-103

(a)

  (1) An application for original appointment as a notary public shall be made on forms prepared by the Secretary of State and shall be sworn to by the applicant.

  (2)

    (i) Except as provided in subparagraph (ii) of this paragraph, an application by a resident of the State shall bear or be accompanied by the written approval of a Senator representing the senatorial district and subdistrict in which the applicant resides or, if that office is vacant, by any Senator's written approval.

    (ii) If a Senator has delegated approval authority under Sec. 18-101 of this subtitle, the application shall bear or be accompanied by the written approval of the Secretary of State.

  (3) An application by an out-of-state individual shall bear or be accompanied by the written approval of a Maryland State Senator.

  (4) Completed applications shall be filed with the Secretary of State.

(b) When the appointment is made by the Governor, the Secretary of State shall notify the applicant.

(c)

  (1) The term of a notary public commission is 4 years.

  (2) The Secretary of State shall adopt, by regulation, a staggered system for the expiration and renewal of notary public commissions.

(d)

  (1) Notary public commissions may be renewed from term to term, and the Secretary of State shall issue an application of renewal to the notary public at or prior to the expiration of the term of the existing commission.

  (2) On receiving of a satisfactory application of renewal from the notary, the Secretary shall issue a notice of renewal to the notary.

  (3) Within 30 days after the issuance by the Secretary of State of a notice of appointment or renewal, the notary shall qualify before the appropriate clerk of the court and pay the fees prescribed in subsection (e) of this section.

  (4) An out-of-state individual commissioned as a notary shall qualify before the clerk of the circuit court in any county and pay the fees prescribed in subsection (e) of this section.

  (5) The appointment and commission of any notary who fails to qualify and pay the fees within the time required under this subsection shall be revoked.

  (6) If an appointment and commission is revoked under this subsection, the court clerk shall return the commission to the Secretary of State with a certification that the notary failed to qualify and pay the fees within the required time.

  (7) The Secretary of State for good cause shown may reinstate the appointment and commission.

(e)

  (1) At the time the notice of appointment or the notice of renewal is issued, the Secretary of State shall forward to the clerk of the circuit court of the county in which the notary resides or in the case of a notary who lives out-of-state, to the clerk of the circuit court in the county where the notary is to qualify, a commission signed by the Governor and Secretary of State under the great seal of the State.

  (2) The clerk of the court shall deliver the commission to the notary upon qualification and payment of the prescribed fees by the notary.

  (3) Each notary shall pay to the clerk:

    (i) a fee of $1 for qualifying the notary and registering the name, address, and commission expiration date of the notary; and

    (ii) a fee of $11 or a lesser amount as prescribed by the Secretary of State for the commission issued.

  (4) The fee shall be paid by the clerk to the Treasury of the State.

  (5)

    (i) The Secretary of State may fix other reasonable fees as required for the processing of applications and the issuance and renewal of notarial commissions and may charge a reasonable fee not exceeding $25 for checks returned for insufficient funds.

    (ii) The Secretary of State shall distribute any fees collected under subparagraph (i) of this paragraph to the Notary Public Fund established under Sec. 18-109 of this subtitle.

  (6)

    (i)

      (1) Except as provided under subparagraph (ii) of this paragraph, if a payment of a fee under this section is made by a check or other negotiable instrument that is dishonored, the commission shall be revoked by operation of law.

      (2) The revocation is effective beginning on the 60th day after the day on which the notice is sent in accordance with subparagraph (ii) of this paragraph.

    (ii) When the Secretary of State receives notice that a check or other negotiable instrument, given by an applicant in payment of a fee under this section has been dishonored, the Secretary shall inform the applicant, by regular mail, sent to the last home address the applicant has given to the Secretary, that the commission will be revoked by operation of law if within 60 days after the date of the notice the applicant fails to make payment of the fee and any late charge, or fails to provide evidence that the notice of dishonor was in error.

    (iii) The removal of a notary public from office under this paragraph is not subject to the provisions applicable to removal under Sec. 18-104 of this subtitle.

(f) The Secretary of State may prepare and adopt forms as required under this section, including the form of original and renewal applications, the form of commissions, and forms for renewal of commissions.

#### Section 18-104

(a)

  (1) On the Governor's own initiative or on a request made to the Governor in writing by the Senator for the senatorial district in which the applicant or notary public resides, the Governor may deny, refuse to renew, revoke, suspend, or impose conditions on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including:

    (i) a failure to comply with this title or regulations adopted under this title;

    (ii) a fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission;

    (iii) a conviction of a felony or crime involving fraud, dishonesty, or deceit;

    (iv) a finding against or an admission of liability in a legal proceeding or disciplinary action based on fraud, dishonesty, or deceit;

    (v) failure to discharge any duty required of a notary public, whether imposed by any federal or State law or regulations adopted by the Secretary of State;

    (vi) use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have; and

    (vii) denial, refusal to renew, revocation, suspension, or conditions of a notary public commission by another state.

  (2) Subject to subsection (c) of this section, after notice to the notary and the opportunity for a hearing before the Secretary of State or the Secretary of State's designee, the Secretary of State shall submit a recommendation to the Governor for action as the Governor determines to be required in the case.

(b)

  (1) The Governor may delegate to the Secretary of State or the Deputy Secretary of State the authority to take an action under subsection (a) of this section.

  (2) Subject to subsection (c) of this section, the Secretary of State or Deputy Secretary of State shall give the notary notice and an opportunity for a hearing as provided in subsection (a) of this section, but is not required to submit a recommendation to the Governor before acting under this subsection.

(c) Notice and the opportunity for a hearing under subsections (a) and (b) of this section are not required to be given to an applicant for an initial commission as a notary public regarding the denial of the commission.

(d) A hearing under this section is not a contested case under Title 10, Subtitle 2 of this article.

(e) The notice and hearing opportunity under subsections (a) and (b) of this section is deemed satisfied if a letter informing the applicant or notary of the impending action and hearing opportunity is mailed to the applicant or notary by first-class mail at the last address the applicant or notary has given to the Secretary of State.

(f) An action taken under this section against a notary public does not preclude a person from seeking and obtaining any other criminal or civil remedy provided by law for redress of harm caused by the notary public.

#### Section 18-105

A notary public may exercise all functions of the office of notary in any other county or city than the county or city for which the notary is appointed, with the same power and effect in all respects as if the same were exercised in the county or city for which the notary is appointed.

#### Section 18-107

(a)

  (1) The Secretary of State shall adopt regulations to establish fees, not to exceed $25 for an original notarial act, and an appropriate lesser amount for the repetition of that original notarial act or to make a copy of the matter addressed by that original notarial act.

  (2) A notary public or person acting on behalf of a notary public may charge a fee, subject to regulations adopted by the Secretary of State, not to exceed $50, for the performance of a notarial act under Sec. 18-214 of this title.

(b)

  (1) Subject to paragraph (2) of this subsection, a notary public may charge the prevailing rate for mileage established by the Internal Revenue Service for business travel per mile and a fee not to exceed $5, as compensation for travel required for the performance of a notarial act.

  (2)

    (i) The Secretary of State may set by regulation a different amount that a notary public may charge under paragraph (1) of this subsection.

    (ii) An amount set under subparagraph (i) of this paragraph may exceed the amount established under paragraph (1) of this subsection.

#### Section 18-108

(a)

  (1) Subject to Sec. 4-332 of the General Provisions Article, the Secretary of State may provide lists of public information in its records to those persons who request them if the Secretary of State approves of the purpose for which the information is requested.

  (2)

    (i) The Secretary of State may 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.

    (ii) The disclosure of information under subparagraph (i) of this paragraph is deemed compliant with Sec. 4-332(b)(4) of the General Provisions Article.

(b)

  (1) The Secretary of State shall charge a reasonable fee, not less than the cost of preparing the list, for any list furnished under this section.

  (2) The Secretary of State may charge a reduced fee to persons requesting a list for governmental or not-for-profit purposes.

  (3) The Secretary of State shall distribute the fees collected under this subsection to the Notary Public Fund established under Sec. 18-109 of this subtitle.

(c) A person furnished any information under this section may not distribute or otherwise use the information for any purpose other than that for which it was furnished.

(d) The Secretary of State may not disclose information under this section for use in telephone solicitations as defined in Sec. 4-320(a) of the General Provisions Article.

#### Section 18-109

(a) In this title, "Fund" means the Notary Public Fund.

(b) There is a Notary Public Fund.

(c) The purpose of the Fund is to provide funding to support the actions of the Secretary of State in implementing, regulating, administering, and enforcing this title.

(d) The Secretary of State shall administer the Fund.

(e)

  (1) The Fund is a special, nonlapsing fund that is not subject to Sec. 7-302 of the State Finance and Procurement Article.

  (2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

  (1) revenue distributed to the Fund under Sec.Sec. 18-103(e)(5)(ii) and 18-108(b)(3) of this subtitle;

  (2) money appropriated in the State budget to the Fund; and

  (3) any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only to cover the expenses, including administrative expenses, of the Office of the Secretary of State in carrying out the duties of the Secretary of State under this title.

(h)

  (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

  (2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

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Md. Code Ann., State Gov't (as displayed at mgaleg.maryland.gov, October 16, 2026)