Md. Code, SG§ 18-215

Current with changes from the 2024 Legislative Session
Section 18-215 - Certification of notarial acts
(a)
(1) Each notarial act shall be evidenced by a certificate.
(2) The certificate shall:
(i) be executed contemporaneously with the performance of the notarial act;
(ii) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the clerk of the circuit court for the county in which the notary public resides or was qualified;
(iii) identify the jurisdiction in which the notarial act is performed;
(iv) contain the title of office of the notarial officer; and
(v) if the notarial officer is a notary public, indicate the date of expiration, if any, of the notarial officer's commission.
(b)
(1) If a notarial act regarding a tangible record is performed by a notary public, the notary public shall affix an official stamp to or emboss an official stamp on the certificate.
(2) If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public, the notarial officer may affix an official stamp to or emboss an official stamp on the certificate.
(3) If a notarial act regarding an electronic record is performed by a notarial officer, the notarial officer may attach an official stamp to or logically associate an official stamp with the certificate.
(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and:
(1) is in a short form provided in § 18-216 of this subtitle;
(2) is in a form otherwise allowed by the laws of this State;
(3) is in a form allowed by the laws applicable in the jurisdiction in which the notarial act was performed; or
(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the laws of the State.
(d) By executing a certificate of a notarial act, a notarial officer certifies that the notarial officer has complied with §§ 18-203, 18-204, and 18-205, and, if applicable, § 18-214 of this subtitle.
(e) A notarial officer may not affix the notarial officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.
(f)
(1) If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record.
(2) If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.
(3) If the Secretary of State has adopted regulations under § 18-222 of this subtitle to establish standards for attaching, affixing, or logically associating the certificate, the notarial officer shall use a process for attaching, affixing, or logically associating the certificate that conforms to the standards.

Md. Code, SG§ 18-215

Added by 2019 Md. Laws, Ch. 407, Sec. 1, eff. 10/1/2020.