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