# COMAR Title 01 — Executive Department

## Subtitle 02 — Secretary of State

### Chapter 08 — Notary Public: General Regulations

#### Regulation .01 Definitions.

*COMAR 01.02.08.01*

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

  (1) “Acknowledgment” means a declaration by an individual before a notarial officer that:

    (a) The individual has signed a record for the purpose stated in the record; and

    (b) If the record is signed in a representative capacity, the individual signed the record with proper authority, and signed it as the act of the individual or entity identified in the record.

  (2) “Affirmation” means a solemn statement of truth, made under penalty of perjury before a notary public.

  (3) “Communication technology” means an electronic device or process that:

    (a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and

    (b) When necessary, under and consistent with other applicable law, facilitates communication between a notary public and a remotely located individual who has a vision, hearing, or speech impairment.

  (4) Notarial Act.

    (a) “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of the State.

    (b) “Notarial act” includes:

      (i) Taking an acknowledgment;

      (ii) Administering an oath or affirmation;

      (iii) Taking a verification on oath or affirmation;

      (iv) Witnessing or attesting a signature;

      (v) Certifying or attesting a copy; and

      (vi) Noting a protest of a negotiable instrument.

  (5) “Notarize” means to perform a notarial act with respect to a record.

  (6) “Notarization” means the act of notarizing.

  (7) “Oath” means a sworn solemn statement of truth made under penalty of perjury by an individual who believes in and appeals to a Divine Being to evidence the seriousness of the individual's actions or words.

  (8) “Original notarial act” means the completion of a single notarial act involving one record.

  (9) “Remote notarial act” means a notarial act performed by a notary public for a remotely located individual using communication technology.

  (10) “Remote online notary vendor” is a company that provides communication technology primarily used to facilitate a notarial act for a remotely located individual and the technology offered by the vendor includes identity proofing and credential analysis that the notary public may use when required by law to identify a remotely located individual.

  (11) “Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act.

  (12) “Verification on oath or affirmation” means a declaration made by an individual on oath or affirmation before a notarial officer that a statement in a record is true or that a remotely located individual has the identity claimed.