<?xml version='1.0' encoding='utf-8'?>
<section article="gsg" article_name="State Government" number="18-220" title_number="18" title_name="Notarial Acts" subtitle_number="2" subtitle_name="Revised Uniform Law on Notarial Acts">
  <level label="a">
    <level label="1">
      <text>A notary public may select one or more tamper–evident technologies to perform notarial acts with respect to electronic records.</text>
    </level>
    <level label="2">
      <text>A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall:</text>
      <level label="i">
        <text>notify the Secretary of State that the notary public will be performing notarial acts with respect to the electronic records; and</text>
      </level>
      <level label="ii">
        <text>identify the technology the notary public intends to use.</text>
      </level>
    </level>
    <level label="2">
      <text>If the Secretary of State adopts regulations under § 18–222 of this subtitle to establish standards for approval of technology used to perform a notarial act with respect to an electronic record, the notary public shall use technology that conforms to the standards.</text>
    </level>
    <level label="3">
      <text>If standards and regulations adopted by the Secretary of State under this subtitle require technology used to perform notarial acts with respect to electronic records, the Secretary of State shall approve the use of the technology.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>This subsection does not apply to a plat recorded under Title 3 of the Real Property Article.</text>
    </level>
    <level label="2">
      <text>A clerk of the circuit court shall accept for recording under Title 3 of the Real Property Article a tangible copy of an electronic record containing a notarial certificate in a form sufficient under § 18–216(g) of this subtitle as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the certificate certifies that the tangible copy is an accurate copy of the electronic record under § 18–203(c) of this subtitle.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A notarial certificate is prima facie evidence that the requirements of § 18–204(e) of this subtitle have been satisfied with respect to an electronic record if the certificate:</text>
      <level label="i">
        <text>is completed with the information required by § 18–215(a) of this subtitle;</text>
      </level>
      <level label="ii">
        <text>includes an affixed or embossed official stamp as required by § 18–215(b) of this subtitle; and</text>
      </level>
      <level label="iii">
        <text>is attached to or made a part of a tangible copy of an electronic record.</text>
      </level>
    </level>
    <level label="2">
      <text>A tangible copy of an electronic record purporting to convey or encumber real property or any interest in real property that has been recorded by a clerk of the circuit court for the county in which the real property affected by the record lies shall impart the same notice to third parties and be effective from the time of recording as if the tangible copy had been certified in accordance with the provisions of this subtitle even if the tangible copy may not have been certified in accordance with the provisions of this subtitle.</text>
    </level>
  </level>
</section>
