Md. Code Regs. 01.02.08.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 01.02.08.01 - Definitions

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.

Md. Code Regs. 01.02.08.01

Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333); amended effective 47:20 Md. R. 874, eff. 10/5/2020; amended effective 49:23 Md. R. 995, eff. 11/14/2022