In this chapter, the following words have the meanings indicated. Terms Defined. “Acknowledgment” means a declaration by an individual before a notarial officer that: The individual has signed a record for the purpose stated in the record; and 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. “Affirmation” means a solemn statement of truth, made under penalty of perjury before a notary public. “Communication technology” means an electronic device or process that: Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and 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. Notarial Act. “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. “Notarial act” includes: Taking an acknowledgment; Administering an oath or affirmation; Taking a verification on oath or affirmation; Witnessing or attesting a signature; Certifying or attesting a copy; and Noting a protest of a negotiable instrument. “Notarize” means to perform a notarial act with respect to a record. “Notarization” means the act of notarizing. “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. “Original notarial act” means the completion of a single notarial act involving one record. “Remote notarial act” means a notarial act performed by a notary public for a remotely located individual using communication technology. “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. “Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act. “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. A notary public may demand and receive a fee of no more than the following for the performance of an original notarial act: $8 for the performance of a notarial act; or $30 for the performance of a remote notarial act. When a notary public is requested to notarize more than one copy of the same record, where the copy or copies have been signed at the same time by the same person or persons, the notary may demand and receive $8 for notarizing each signature on the original or first copy of the record, and may demand and receive $4 for each signature on each additional copy of the same record. When a notary public is requested to make reproductions of a notarized record or an entry in the notary’s journal by photocopying or other means, the notary may demand and receive not more than $2 for each copy furnished. A notary public may demand and receive reimbursement at the prevailing rate for mileage established by the Internal Revenue Service for business travel and a fee not to exceed $5 for travel if required for the performance of a notarial act. A notary public may charge $6 for certifying a copy of a record in the notary’s journal. Each application for an original or renewal appointment as a notary public shall be accompanied by a processing fee of $25 payable to the Secretary of State. To qualify as an authorized remote online notary vendor by the Secretary of State, the vendor shall meet the following criteria: The vendor shall be incorporated to do business in the United States of America; 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; All encryption and decryption services provided by the remote online notary vendor shall occur in the United States of America; and 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. 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: 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; 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 Ensure that the notary public has access to the audio-visual recordings of their notarial acts. A remote online notary vendor shall receive written authorization from the Secretary of State before allowing its technology to be used by Maryland notaries public. A remote online notary vendor shall apply to the Secretary of State for authorization using the form prescribed for this purpose by the Secretary of State. Before a remote online notary vendor may provide services to a Maryland notary public, the vendor shall: Provide training to the Maryland notary public on how to use the remote online notary vendor’s technology; and Check with the Office of the Secretary of State or the Office’s website to confirm that a notary public is in good standing: At the time the notary subscribes to its service; and Annually thereafter, for the duration of the notary’s subscription to its service. A remote online notary vendor shall comply with the information security protections and procedures found in the Maryland Personal Information Protection Act, Commercial Law Article, §14-3501 et seq., Annotated Code of Maryland. In the event of a breach of a security system, a remote online notary vendor shall provide notice of the breach of the security system to the Office of the Secretary of State at the same time as giving the notice required by the Maryland Personal Information Protection Act, Commercial Law Article, §14-3504(b), Annotated Code of Maryland. The Secretary of State may revoke authorization of a remote online notary vendor if the Secretary of State determines that the technologies used by the remote online notary vendor do not meet the requirements of applicable law or regulations. Prior to revoking authorization, the Secretary of State or a designee may speak to the vendor informally to determine if the vendor meets the qualifications for authorization set forth in Regulation .04 of this chapter and responsibilities set forth in Regulation .05 of this chapter. To perform remote notarial acts, a Maryland notary public shall be a currently commissioned Maryland notary public in good standing and shall: Notify the Office of the Secretary of State in writing of their intent to perform remote notarial acts using a form prescribed by the Office of the Secretary of State for this purpose before they may perform remote notarial acts; If the notary public intends to perform remote notarial acts using a remote online notary vendor: Identify the authorized remote online notary vendor or vendors they intend to use to perform such remote notarial acts; Notify the Office of the Secretary of State in writing within 10 business days after making a change to a new remote online notary vendor, if the notary public changes vendors; and If the notary public reasonably believes a remote online notary vendor previously selected does not allow the notary public to meet requirements set forth in State Government Article, Title 18, Subtitle 2, Annotated Code of Maryland, and any applicable regulations, the notary public shall promptly notify the Office of the Secretary of State in writing. If the notary public intends to perform remote notarial acts without identifying remotely located individuals through identity proofing and credential analysis the notary public shall submit a form used by the Office of the Secretary of State for this purpose and acknowledge that the notary public must have personal knowledge under State Government Article, §18–206(a), Annotated Code of Maryland of the identity of the remotely located individual or have satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under State Government Article, §18–206(b), Annotated Code of Maryland or as a remotely located individual under this section. Use technology that can make an audio-visual record of the entire physical location of the notarial act and all persons physically present for the remote notarial act; Require all persons physically present with the remotely located individual for the remote notarial act to identify themselves and their role in the transaction; Charge no more than the allowed fee for a notarial act under State Government Article, §18–214, Annotated Code of Maryland, as set forth in Regulation .02F of this chapter; and Create and retain an audio-visual recording of each performance of a remote notarial act for a minimum of 10 years. Upon renewal of a notary public’s commission, a notary public will be required to submit a new remote notary notification form with the Office of the Secretary of State. A notary public’s authority to perform remote notarial acts expires with the expiration of their notary public commission. A notary public authorized to perform remote notarial acts may cancel their authorization by submitting a written notice to the Office of the Secretary of State. It is unlawful for any individual to represent themselves to be authorized to perform remote notarial acts if the individual has not provided the required notification to the Office of the Secretary of State. The Secretary of State may not authorize a notary public to perform remote notarial acts if the person submits a notary application containing a substantial and material misstatement or omission of fact. The notary is responsible for reading and understanding State Government Article, Title 18, Annotated Code of Maryland, as well as regulations, handbooks, and other public guidance issued by the Secretary of State relating to responsibilities of notaries public and performance of notarial acts. Notaries public are public officers and it is their legal responsibility to perform notarial acts in compliance with the notary law and regulations. When a notary public uses an identification credential under State Government Article, §18-206(b) or 18-214(a)(1)(ii)—(iii), Annotated Code of Maryland, to identify a remotely located individual or an individual in the notary public’s physical presence for the performance of a notarial act, the notary public shall document in the notary’s journal the identification number associated with the identification credential as confirmation that the individual signing a record was correctly identified. Notaries public are required to notify the Office of the Secretary of State within 30 days if, at any time during their commission, a notary public changes their: Name; Home address; Home phone number; Cell phone number, if one was provided at the time of application; Personal electronic mail (email) address; Business phone number; Business address, if one was provided at the time of application; Business electronic mail (email) address, if one was provided at the time of application; or County of residence. Effective January 1, 2021, and except for correspondence relating to enforcement actions, the Office of the Secretary of State will send all communications to notaries public using electronic mail only. Each notary public is responsible for ensuring the Office of the Secretary of State has a current and active personal email address. Due to a lawful delegation of authority from the Governor pursuant to State Government Article, §18-104(b)(1), Annotated Code of Maryland, the Secretary of State, effective January 21, 2015, and the Assistant Secretary of State, effective September 2, 2015, may take an enforcement action under State Government Article, §18-104(a), Annotated Code of Maryland, to 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. Acts or omissions found in State Government Article, §18-104(a)(1)(i)—(vii), Annotated Code of Maryland, govern when the Secretary of State or Assistant Secretary of State may take an enforcement action against a notary public. Acts or omissions that may constitute a 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, include but are not limited to: Failure to adequately identify a signer under the standards set forth in State Government Article, §18-206(a) or (b), Annotated Code of Maryland; Failure to properly execute a certificate of a notarial act in accordance with State Government Article, §18-215, Annotated Code of Maryland; Charging a fee for notarial services higher than allowable by Regulation .02 of this chapter; Failure to maintain an accurate record of notarial acts in a journal as required by State Government Article, §18-219, Annotated Code of Maryland; and Performing a remote notarial act before notifying the Secretary of State as required by Regulation .07A(1)—(3) of this chapter and State Government Article, §18-214(e), Annotated Code of Maryland. A notary public convicted of a felony or crime involving fraud, dishonesty, or deceit shall report the conviction to the Office of the Secretary of State within 10 days of the conviction or within 10 days after they are released from incarceration, whichever is later. Failure to properly report under this paragraph may result in an enforcement action against the notary public under this regulation. The Office of the Secretary of State may choose to 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. Disclosure of information under this regulation is deemed compliant with General Provisions Article, §4-332(b)(4), Annotated Code of Maryland. Each application shall include the following: Completed application form for Authorization to Provide Notary Public Course of Study and Examination; Course material; Instructions for completing the course of study and examination; Draft examination questions; and Any other documentation requested by the Office of the Secretary of State. To qualify as an authorized notary public course of study and examination provider by the Secretary of State, the provider shall meet the following criteria: Possess at least 3 years demonstrated experience and knowledge in the development and administration of a course of study and examination; Demonstrate experience and knowledge interacting with learners subject to the laws, regulations, rules, or ethics required of a governmental entity; and Demonstrate proficiency with the Maryland Notary Law, regulations, ethics, policies and procedures, as well as the Handbook for Maryland Notaries Public sufficient to respond to questions from participants. The provider shall design and offer a course of study and examination that meets the standards set forth in Regulation .16 of this chapter, and that is accessible by all Maryland notary public applicants and renewal applicants. The provider shall create a bank of test questions within 45 days after being authorized by the Secretary of State to offer the course of study and examination. The provider shall offer a virtual or in-person course of study. For purposes of this subsection, “virtual” includes a synchronous and asynchronous online course of study. For every applicant who completes the course of study, the provider shall give each applicant a Certificate of Completion at the end of the course of study. The provider shall give a Certificate of Passing to each applicant who scored at least 80 percent or better on the examination. For applicants who score below 80 percent, the provider shall provide an opportunity for the qualified applicants to retest. An applicant is considered qualified to retest if they completed the course of study but failed to score at least 80 percent on the examination. Upon request by the Secretary of State’s Office, authorized providers shall deliver the following information needed to verify who has completed a course of study and passed the examination: A list of Maryland notaries public and applicants who have completed a course of study and examination including the date or dates of the course and examination or examinations, as well as methods used to identify the notary public or applicant; The provider shall transmit applicant data in a timeframe as established by the Secretary of State’s Office using a secure and mutually agreeable format; and The provider shall ensure that all course and examination data is accurate and valid prior to its secure, electronic transmission to the Secretary of State’s Office. The provider shall update the course of study and examination to reflect all changes to the notary law, regulations, procedures, and ethics within 60 days of being notified of the changes by the Office of the Secretary of State. The course of study shall include the Maryland Notary Public laws, regulations, ethics, procedures, and the Handbook for Maryland Notaries Public. Every topic shall be fully covered so each participant can comply with the aforementioned requirements. The design of the examination shall offer each applicant a mix of questions of comparable difficulty to every other applicant and sourced from each of the sections in the Handbook for Maryland Notaries Public covering the laws, regulations, ethics, and procedures. Instructions for the course and examination shall be comprehensive in scope and explain the requirements of education, how to apply for examinations, when examinations are given, the cost of the course of study and examination, and requirements for passing the examination. Instructions must notify the applicant how to access the current Handbook for Maryland Notaries Public. Each question on the examination must be relevant to the requirements of the Maryland notary public laws, regulations, ethics, procedures, and/or Handbook for Maryland Notaries Public. The provider shall have a robust bank of at least 50 different test questions so that repeat applicants do not receive a statistically sufficient number of previously attempted test questions. The examination shall contain at least 20 questions that are clearly stated in a multiple-choice format, and each applicant must correctly answer at least 80 percent of the questions in order to be issued a Certificate of Passing under Regulation .15E of this chapter. Each question on the examination shall contain 4 multiple-choice answers with only one correct answer. If the provider provides applicants with an electronic examination format, providers shall provide applicants with a secure operating system capable of administering electronic examinations. The testing system shall provide immediate scoring which notifies the applicant of passing or failure at the conclusion of the examination session. The Secretary of State may revoke authorization of a notary public course of study and examination provider if the Secretary of State determines that the provider of the course of study and/or examination failed to comply with the qualifications, responsibilities, and standards set forth in Regulations .14—.16 of this chapter. Prior to revoking authorization, the Secretary of State or a designee may speak to the provider of the course of study and examination informally to determine if the provider meets the qualifications, responsibilities, and standards set forth in Regulations .14—.16 of this chapter. State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;Ch. 407, §1, Acts of 2019, Effective October 1, 2020 Effective date: October 8, 1984 (11:20 Md. R. 1740) Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333) Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593) Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332) Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179) Chapter revised effective December 11, 2000 (27:24 Md. R. 2198) Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377) Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774) Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995) Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952) Chapter revised effective October 5, 2020 (47:20 Md. R. 874) Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995) Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995) Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15) Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15) Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995) Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15) Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15) Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15) Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995) Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)