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<regulation prefix="Regulation" num=".01" citation="COMAR 01.02.08.01" title_num="01" subtitle_num="02" chapter_num="08" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following words have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Acknowledgment” means a declaration by an individual before a notarial officer that:</text>
      <paragraph num="(a)">
        <text>The individual has signed a record for the purpose stated in the record; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“Affirmation” means a solemn statement of truth, made under penalty of perjury before a notary public.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Communication technology” means an electronic device or process that:</text>
      <paragraph num="(a)">
        <text>Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Notarial Act.</text>
      <paragraph num="(a)">
        <text>“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.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Notarial act” includes:</text>
        <paragraph num="(i)">
          <text>Taking an acknowledgment;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Administering an oath or affirmation;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Taking a verification on oath or affirmation;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Witnessing or attesting a signature;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Certifying or attesting a copy; and</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Noting a protest of a negotiable instrument.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Notarize” means to perform a notarial act with respect to a record.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Notarization” means the act of notarizing.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Original notarial act” means the completion of a single notarial act involving one record.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Remote notarial act” means a notarial act performed by a notary public for a remotely located individual using communication technology.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“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.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“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.</text>
    </paragraph>
  </paragraph>
</regulation>