Maryland Law does require deeds and deeds of trust to be prepared under the supervision of a lawyer, but there is a loophole that you could sail a battleship through. Click “Apply Now” below, to take the class and test. Any document executed with a witness will also have its own unique digital audit trail, specific to each witness. Notify the Secretary of State via email at dlnotary_sos@maryland.gov. You may only act in your capacity as a Notary Public if you are physically present in the State of Maryland at the time of the notarization. Local Notary Center: Maryland Key notary public documents and resources for the Maryland community Welcome to Notarize, the first platform to legally notarize any document online, 24/7. The official stamp of a notary public shall include: ​If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian promptly shall notify the Secretary of State on discovering that the device is lost or stolen. The notary public’s official stamp is the property and responsibility of the notary alone. However, you must be physically present in the State of Maryland when acting as a Maryland Notary Public. Can I notarize a document for use outside of Maryland? What is the certificate which is completed by a notary public? Examples of those certificates are included in Part VIII of the Handbook, where each type of notarial act is addressed. ​If you live in Maryland, you are required by law to be commissioned in the county in which you reside. Your email should provide the name by which you are commissioned, your address, the county in which you are commissioned, and the date on which your commission was lost or stolen. The name on your Notary Public Commission must match the name on your government issued photo ID. You will update your name. How so? Before you start your renewal application, be sure to have all of the items you need to complete your renewal application. Additional guidance for performing in person notarization amid this current public health crisis can be found here: https://www.nationalnotary.org/notary-bulletin/blog/2020/03/notaries-precautions-coronavirus​. This email will include instructions on what happens next. ​You may complete a name change online at:  https://www.egov.maryland.gov/sos/notary/#/home. The most frequent reasons to deny a notarization is that you cannot satisfactorily identify a signer, a signer does not appear to be competent or aware, or the signer is under duress. A notary may refuse to notarize a document if the notarization would result in an illegal or improper act or the notary knows that the transaction is fraudulent. Almost all settlement agents are notaries. The appellate decision focused primarily on the issue of a notary as witness. Anonymous. What is an electronic/remote notarization? Similarly, a notary public of another state may not act as a notary public in Maryland, unless the person also holds a commission issued by Maryland. If you will be out of town during your renewal window, please notify our office prior to leaving the area. Jonathan J. Smith3. You may not purchase a notary seal or stamp until you have been commissioned. ​You can notarize a signature on any document. Notarizing one’s own signature is prohibited, yet on some forms you can act as both the notary and the witness. If you renew your commission, the county in which you are commissioned will change at that time. Any time subsequent to the execution of the will, the two witnesses and the person making the will can execute affidavits attesting the validity of the will before a notary public. You do not receive a new four year commission when changing your name. In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, state secretary, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. No, $4 is the fee that may be charged under Maryland law. A notary public’s stamping device is a public seal for purposes of § 8–607 of the Criminal Law Article. However, a notary can notarize documents from another state as long as the document is notarized in Maryland. You can see every change every person made to the document and you can easily verify the specific witness observed and participated in the transaction. See “What do I need to complete my application to become a Notary Public?” for that information. The law requires that you be commissioned in the county in which you reside. ​No. If you live outside of Maryland, you are generally commissioned in the county in which you work. You probably will not be allowed to witness the more sensitive documents, like working in the Real Estate or Banking areas. ​A notary may not perform a notarial act with respect to a record to which the notary or the spouse of the notary is a party, or in which either the notary or the spouse of the notary has a direct beneficial interest. No, unless you are able to remove the incorrect expiration date from your seal. Changing your address does not require you to appear before the Clerk of the Court to be sworn in again. Yes, the notary can be a witness according to the MD law and also notarize the document. 1. ​Yes. You may complete a name change online at: Have a commission issued with your new name on it. Therefore, your home address is required. Can anyone with a professional license, such as a licensed attorney, take the place or act as a Notary if one is not available? More information on affixing and properly completing notarial certificates can be found in Parts VII and VIII of the Notary Public Handbook. ​The notary public shall retain the journal for 10 years after the performance of the last notarial act contained in the journal. Changing your address does not require you to appear before the Clerk of the Court to be sworn in again. Maryland No Witnesses are not required. Click on “Apply for a New Notary Commission”. A notary public commission issued by the State of Maryland does not authorize the holder to act as a notary public in another state or the District of Columbia. This commission will be issued to the Clerk of the Court in the County in which you reside. You must apply online at:  https://www.egov.maryland.gov/sos/notary/#/home. If your Senator has opted-out of reviewing notary applications, the Secretary of State reviews the application. Georgia only requires one witness (in addition to the notary) to sign a real estate deed, while the other four states all require two witnesses. ​Each notary public shall maintain a journal which chronicles each the notary public’s notarial acts. 60 - 90 min. What do I need when filling out my application to become a Notary Public? MVA Change of Address Card. The SOS will publish a list of notaries authorized to perform remote notarizations. What is important is that you are performing one of the duties of a notary public. If you do not renew within 30 days after your expiration date, you must re-apply for a new notary commission. There is nothing in the law prohibiting the notary from serving as … If you are a Maryland resident and work in a different county from where you live, you must be commissioned where you live. ​You may only act in your capacity as a Notary Public if you are physically present in the State of Maryland at the time of the notarization. A notary can purchase a notary seal or stamp and a registry from most office supply stores. A different type of notarial certificate is required for each type of notarial act. How do I apply to become a Notary Public? Jonathan James Smith2. Witness lines present in CONV and CONVMERS. Can I transfer my notary from another state to Maryland? You will not need to pay a fee to the Secretary of State to update your profile and you will not need to pay a fee to appear at the Clerk of the Court to receive a commission with your new name on it. Does the Secretary of State have a list of communication technology vendors? A notary public has no authority to certify a copy of a public record, a publicly recorded document, a birth certificate, a school record or diploma, a professional license, or any other public or private document or record which does not pertain to the notary public's official acts. What do I need when filling out my Notary Public renewal application? As a notary, you can be asked to serve as an official witness, administer an oath or affirmation, and take an acknowledgement. A notary in the State of Maryland does not have the power to certify the authenticity of any document – official or unofficial – other than the notary’s registry. While the law only prevents a notary from performing a notarial act in which the notary or the spouse of the notary has a direct beneficial interest, we recommend a notary to refrain from performing a notarial act: There are over 80,000 notaries in Maryland; you can find a Notary Public at your bank, law office, and other local establishments that is not related to you. Once commissioned as a notary public, a notary may notarize documents anywhere in the State of Maryland for four years. While you should not make edits to the body of the document or a certificate that is pre-printed on a document, correcting an error for the state and county listed on the notary certificate is acceptable. The holder of the public record will provide certified copies. You may contact by phone at 410-974-5521 or by email at dlnotary_sos@maryland.gov. Where the document will be used is not relevant to your ability to notarize it. A notary can sign as a witness in Maryland, but it is not an official notary act in that state. It can be very tricky and in some cases complicated to coordinate between the notary, witness, and the signers. Legislative district where you reside (find it here:  (www.mdelect.net).2. Notarial officers are: ​Yes. A notary can act as a witness for a signature that they notarized, or for a signature that they did not notarize. Yes, notaries public can still perform notarial acts in person during the state of emergency but should use their best judgement on whether the notarial act is considered essential and abide by social distancing, CDC and MDH guidance in the conduct of any essential notarial services. Easy online tool to enable Maryland citizens to apply to be commissioned as a Notary Public in Maryland, or to renew and manage existing Notary commissions. Will the Secretary of State publish a list of notaries public authorized to perform remote notarizations? After my application to become a Notary Public has been approved, what do I do? Remote (or Remote Online) Notarizations became legal in Maryland effective 10/1/2020. You will receive an email stating that your application to become a Notary Public or to renew your Notary Public application has been approved (or denied). ​The most frequent reasons to deny a notarization is that you cannot satisfactorily identify a signer, a signer does not appear to be competent or aware, or the signer is under duress. ​No. Each notary public is responsible for the security of their stamping device. When can I renew my Notary Public commission? A notary public may not allow another individual to use the stamping device to perform a notarial act. A notary may not perform a notarial act with respect to a record to which the notary or the spouse of the notary is a party, or in which either the notary or the spouse of the notary has a direct beneficial interest. Can I charge more than a $4 notary fee to cover my communication technology vendor costs? 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 $5.00 for travel if required for the performance of a notarial act. That’s pretty much what a notary is: a witness to the authenticity of a signature. You will receive an email stating that your application to become a Notary Public or to renew your Notary Public application has been approved (or denied). You can notarize a signature on any document. The application is missing information and we have not received a response from the applicant with the information needed to complete the application. “Can I act as both the notary and the witness?” is a question that many notaries ask PAN’s Customer Service Representatives. More information on proper identification, competency and awareness, and duress are discussed in Part IV of the Notary Public Handbook. Before signing their document, the subject will bring their document and the acknowledgment form to a notary public. Please click here to download handbook.​, 16 Francis St. Annapolis, MD 21401 ~ Phone Number: 410-974-5521 ~ FAX Number: 410-974-5190 What is a Notary Public and what do they do?A Notary Public is a state-appointed official who has been authorized to notarize documents. The Secretary of State is authorized to issue regulations regarding other notarial fees. ​In accordance with State Government Article §18-107 of the Annotated Code of Maryland, a notary public may not charge more than $4.00 per notarial act. Different types of notarial acts are found in Part VIII of the Notary Public Handbook. An Advance Directive (aka, Health Care Directive, Advance Health Care Directive, Maryland Advance Directive) and Living Will (aka, Maryland Living Will) also does not require a notary seal in Maryland. Each notary public shall maintain a journal which chronicles each the notary public’s notarial acts. Please keep in mind that certain notary acts require the notary to witness the signature of the signer , while other notary acts do not (such as acknowledgements). That means 30 days from the date you are sent an email informing you to appear before the Clerk of the Court to receive your commission. ​A notary cannot perform a notarial act with respect to a record to which the notary is a party or in which the notary has a direct beneficial interest. ​You can change your address online here:  https://www.egov.maryland.gov/sos/notary/#/home. Click on “Renew Your Notary Commission”. May a notary public perform official duties in a situation in which the notary is personally involved? If you do not have a physical work address in Maryland, you will want to select the County in Maryland in which you most regularly work. There may be other valid reasons to deny a request for notarization. This simplifies matters and makes the notarization a far simple and convenient process. Effective October 1, 2021, notaries will be required to pass a class and a test to become a Notary Public and to renew their commission as a Notary Public. ​No. Md. The list will be posted on the SOS website. ), the fee, if any, charged by the notary public, if no fee is charged, the record should indicate no fee; and, an indication of whether an individual making a statement or executing a signature which is the subject of the notarial act appeared in the notary public’s physical presence or remotely by means of communication technology. At this link, you will enter your address on the left hand side of the page. Copy of Driver’s License or other valid government issued ID.3. In signing as a witness… Can I notarize anywhere in Maryland? Anyone searching for a notary on the SOS notary search page must search for a specific name before a notary's name and information is displayed. No. Can I notarize a document that requires a witness if the signer did not bring one? This means that you will complete your current commission as a Notary Public under the name by which you were originally commissioned. No. notary public in Maryland, unless the person also holds a commission issued by Maryland. Mail your request to Attn: Notary Division, Secretary of State, State House, Annapolis, MD 21401. What if I am named in the document that I’m being asked to notarize? You are identified by your name, the county in which you are commissioned, and your expiration date. Massachusetts No Witnesses are not required, but mortgage must be acknowledged by a notary public or other authorized official. The notary public’s official stamp is the property and responsibility of the notary alone. Change of Address Card (needed to verify the home address on your application if the address on your ID does not match the address on your application). ​You must appear before the Clerk of the Court and be take the oath of office within 30 days of the day on which your commission is issued. Sample Maryland Jurat Wording For notaries public who reside out of state, this will always be the county (or Baltimore) where the notary public was commissioned. It is your responsibility to determine the identity of the person requesting a notarial act. We will verify the home address provided on your application by matching it to the address on your driver’s license or other state issued government photo ID. The SOS will publish a list of notaries authorized to perform remote notarizations. If you renew your commission, the county in which you are commissioned will change at that time. driver’s license number, etc. We will instruct you on how to renew early. The notary seal ensures the integrity and authenticity of the document. The renewal period begins 60 days before the expiration of your notary commission. If your commission was stolen and you made a police report, you may attach a copy of that police report or provide the police report number and police department to which you made the report. You may renew your commission up to 30 days after your expiration date. If a certificate is not a part of the record being notarized, a notarial officer will be required to affix a certificate by securely attaching it to the record. If you do not have a physical work address in Maryland, you will want to select the County in Maryland in which you most regularly work. A notary public’s stamping device is a public seal for purposes of § 8–607 of the Criminal Law Article. It will cost $6 to have the Secretary of State issue the commission under your new name. The certificate should always list Maryland for the state. Unless your state law indicates otherwise, then yes, a notary can act as a witness. In Maryland, a will must be signed by the person making the will (testator/testatrix) and Attested and signed by two credible witnesses in the presence of the person making the will. If you do not have a physical work address in Maryland, you will also need to provide a written explanation of what it is that you do that qualifies as working in Maryland. Becoming a notary in Maryland is a straightforward process, and as long as you meet the eligibility requirements listed below, you can apply to become a Maryland notary. It usually takes 2-3 business days for a determination to be made on an application. While a class or test is not required, it is important that you educate yourself on how to act as a Notary Public. See “What do I need to complete my Notary Public renewal application?” for that information. Each journal entry shall contain the following information: ​On behalf of the Governor, the Office of the Secretary of State may 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, for the following reasons: ​No. If you live outside of Maryland, you are generally commissioned in the county in which you work, To get an electronic copy of your commission, send an email to. Yes. If you submit an application with an out-of-state address for both your home and work addresses, you will be sent an email asking you to provide proof of working in Maryland. And, notaries can of course be a witness. Yes. The notary seal must contain the name of the notary as shown on the commission, the county where commissioned, and the words "Notary Public." ​Effective October 1, 2020, the law requires that a certificate is completed for each and every notarial act. The county entered on a notarial certificate should be the county in which you are located at the time of the notarization (not the county in which you are commissioned unless that also happens to be where you are notarizing). Johnathan Smith4. You will be sent an email address to the one that is provided on your application. If I live out of state, how do I select the county where I will be commissioned? However, the RON vendor must be authorized in Maryland in order for you to use that RON Vendor. Each entry in a journal shall be made contemporaneously with performance of the notarial act. ​Effective October 1, 2020, a notary public may certify a copy of a record in someone’s possession. The $4 fee is the maximum fee that the Secretary of State may allow for an original notarial act as set forth in § 18-107. It usually takes 2-3 business days for a determination to be made on an application. Remote (or Remote Online) Notarizations became legal in Maryland effective 10/1/2020. It usually takes 2-3 business days for a determination to be made on an application. We can however, be a signature witness to a document only if the Notary isn't Notarizing the signatures of the witnesses. This action is in violation of State Government Article, §18– 203(b), Maryland Annotated Code. Schedule An Appointment. No. a finding against or an admission of liability in a legal proceeding or disciplinary action based on fraud, dishonesty, or deceit; 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; use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have; and. the date and time the notarial act was performed; a description of the record, if any, and type of notarial act; the full name and address of each individual for whom the notarial act is performed; if the identity of the individual is based on personal knowledge, a statement to that effect; if the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential, and the identification number associated with the identification credential; (e.g. This commission for your name change will expire on the same date of your current commission. If I leave my job, can I take it with me? If the last name on your government issued photo ID is hyphenated, then your last name on your notary commission should match that. The whole point of a witness requirement is to determine that the signer was who he or she … The notary public’s official stamp must be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. Yes, notaries public can still perform notarial acts in person during the state of emergency but should use their best judgement on whether the notarial act is considered essential and abide by social distancing, CDC and MDH guidance in the conduct of any essential notarial services. Those same benefits now cover witnesses on the Notarize platform as well. In addition, the notary must affix his or her notary seal or stamp to the document. ​No, unless you are able to remove the incorrect expiration date from your seal. You can verify that someone is currently commissioned as a Notary Public by searching for them at this link: 2. be of good moral character and integrity; 3. be a resident of the state; or have a place of employment or practice in the State; 4. if living in the State, must be appointed by the senator representing the district in which you live; and if living outside the State, be a resident of a state that allows Maryland residents working in that state to serve as notaries public in that state; and. How do I change my name after I’ve been commissioned as a Notary Public? Maryland Uniform electronic Transactions act in 2000 Division of the Court, you are performing one of the act... Same benefits now cover Witnesses on the left hand side of the commission under your new name or notary. That are: 1. or “ Jon ” Court $ 11 to made. Act is addressed Maryland Code, Estates and Trusts, does not endorse a specific commercial brand of communication platform! 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