<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 01.02.08.04" title_num="01" subtitle_num="02" chapter_num="08" heading="Qualifications of Remote Online Notary Venders.">
  <paragraph num="A.">
    <text>To qualify as an authorized remote online notary vendor by the Secretary of State, the vendor shall meet the following criteria:</text>
    <paragraph num="(1)">
      <text>The vendor shall be incorporated to do business in the United States of America;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The vendor shall be a company based in the United States of America that has been lawfully operating in the United States of America for at least 3 years;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>All encryption and decryption services provided by the remote online notary vendor shall occur in the United States of America; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The vendor shall utilize commercially reasonable practices, procedures, and technology consistent with or better than the practices, procedures, and technology generally used by other vendors engaged in offering remote notarization services.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Technology used by a remote online notary vendor shall allow Maryland notaries public to meet requirements of the notary law, including but not limited to the following:</text>
    <paragraph num="(1)">
      <text>Allow the notary to securely identify the remotely located individual by personal knowledge or satisfactory evidence as described in State Government Article, §18-214(a)(1)(i)—(iii), Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Allow for the retention of audio-visual recordings created under State Government Article, §18-214(a)(3), Annotated Code of Maryland, for at least 10 years; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Ensure that the notary public has access to the audio-visual recordings of their notarial acts.</text>
    </paragraph>
  </paragraph>
</regulation>