Maryland Notary cheat sheet

A Maryland notary may take acknowledgments, administer oaths and affirmations, take verifications on oath or affirmation, witness or attest signatures, and certify copies of specified documents.

Certified copies by a notary are limited to tangible, original documents the notary can physically possess; a notary may not certify a copy of a public record, a record filed with a court, or a document whose copy certification is prohibited by law.

A notary may not certify a copy of a birth, death, marriage, or divorce certificate; those copies come from the Maryland Division of Vital Records or the clerk of court.

A notary may not perform a notarial act for a person the notary knows lacks capacity, is being coerced, or is not physically present when presence is required (except where RON rules apply).

A notary may not notarize the notary's own signature, a document to which the notary is a party, or a document in which the notary has a direct beneficial interest.

A notary must determine identity by personal knowledge or by satisfactory evidence: a government-issued photo ID with signature, or a credible witness who personally knows both the notary and the signer.

An acknowledgment requires the signer to appear before the notary and state that the signature was voluntarily made for the stated purpose; the signer need not sign in the notary's presence.

A jurat (verification on oath or affirmation) requires the signer to appear, sign in the notary's presence, and be administered an oath or affirmation before the notary completes the certificate.

The notary public stamp or seal must include the notary's name exactly as commissioned, the words "Notary Public," and the state of Maryland; the commission expiration date is also required on the stamp.

The notarial certificate must state the date of the notarial act, the notary's name, the notary's commission expiration date, and the county in which the notary is commissioned.

A notary may not use a stamp that is not in the notary's sole control; the stamp must be kept secure and used only by the notary.

A notary shall notify the Secretary of State within 30 days of the loss, theft, damage, or destruction of the official stamp, and shall not perform notarial acts until a replacement is obtained.

A notary shall keep a journal of each notarial act, recording the date, time, type of act, name and address of the signer, type of identification presented, and the fee charged.

The journal entry must record the identification document number or a description of the credible witness if identification is by witness, and must note whether the signer appeared in person or remotely.

The notary shall retain the journal for at least 10 years after the last entry, and shall make it available to the Secretary of State upon request.

A notary may not record in the journal the signer's social security number or a copy of the identification document; only the type and number of the ID are recorded.

The maximum fee a Maryland notary may charge for an acknowledgment is $4.00 per signature.

The maximum fee for administering an oath or affirmation is $4.00 per person.

The maximum fee for a verification on oath or affirmation (jurat) is $4.00 per signature.

The maximum fee for certifying a copy of a document is $4.00 per copy.

A notary may charge a separate fee for each notarial act performed, but may not charge more than the statutory maximum for each act.

A notary may not charge a fee for a notarial act performed for a person who is a member of the notary's immediate family or for a notarial act required by law to be performed without charge.

A notary must disclose the fee before performing the notarial act and must record the fee in the journal.

A notary may not charge a fee for travel within the notary's county of commission unless the fee is separately agreed in writing before the travel.

A Maryland notary may charge a travel fee in addition to the statutory notarial fee, but only if the fee is agreed upon in advance and disclosed to the signer.

The travel fee must be reasonable and may be based on mileage at the rate allowed by the Internal Revenue Service for business travel, or on a flat fee agreed in writing.

The travel fee must be separately itemized on any receipt or invoice and must not be bundled into the statutory notarial fee.

A notary may not charge a travel fee for travel within the notary's county of commission if the notary advertises free travel within that county.

A notary may not charge a travel fee for a notarial act performed at the notary's regular place of business during normal business hours.

If the notary travels to perform a notarial act and the signer cancels, the notary may charge the agreed travel fee but may not charge the notarial fee for an act not performed.

Mileage charges must be documented in the notary's records, including the starting and ending points and the total miles traveled.

A notary may not charge a travel fee that exceeds the amount disclosed in advance, even if the actual travel exceeds the estimate.

A Maryland notary may perform a remote online notarization only if the notary is physically located in Maryland at the time of the act and the signer is located in a state that authorizes RON or outside the United States.

The notary must use an approved RON vendor platform that provides identity proofing, audio-video recording, and tamper-evident technology.

The notary must verify the signer's identity through knowledge-based authentication, a government-issued photo ID, or a credible witness appearing by audio-video.

The notary must record the entire RON session and retain the recording for at least 10 years, or use a repository that retains it for that period.

The notary must confirm the signer's identity and willingness to sign by asking the signer to state their name and purpose on the recording.

The notary must use a digital certificate or electronic seal that complies with the Secretary of State's requirements and is uniquely linked to the notary.

A notary may not perform RON for a document that requires a wet signature by law, such as a will or a self-proving affidavit, unless the law expressly authorizes electronic signatures.

The notary must record the RON session's date, time, platform, and the signer's location in the journal.

An applicant for a Maryland notary commission must be at least 18 years old, a resident of Maryland or a resident of a state that borders Maryland and employed in Maryland, and of good moral character.

The application must be filed with the Secretary of State, accompanied by the required fee and a surety bond in the amount set by statute (currently $10,000).

The applicant must take an oath of office and file it with the Secretary of State before performing any notarial act.

A commission is valid for four years and may be renewed by filing a renewal application before the expiration date.

A notary who changes their name must notify the Secretary of State within 30 days and obtain a new stamp reflecting the new name.

A notary who changes their address must notify the Secretary of State within 30 days; a change of county may require a new commission.

A notary who fails to renew before expiration may not perform notarial acts until a new commission is issued.

A notary must surrender the official stamp to the Secretary of State upon resignation, revocation, or expiration of the commission.

A notary may perform a notarial act only within the geographic boundaries of Maryland; acts performed outside Maryland are invalid unless authorized by the law of the place where performed.

A notary may not perform a notarial act for a person who is unable to communicate directly with the notary, unless a translator or interpreter is present and the notary records that fact.

A notary may not use the title "Notary Public" in advertising in a way that implies legal authority to give legal advice or draft legal documents.

A notary may not notarize a document that is blank or incomplete in a material way; the notary must ensure the document is complete before performing the act.

The notary's stamp must be a physical device that produces a legible impression; an electronic stamp may be used only for RON and must meet the Secretary of State's specifications.

The notary must record in the journal the type of notarial act, the date and time, the signer's name and address, the type of ID, and the fee charged.

The notary must record in the journal whether the signer appeared personally or by audio-video, and the name of any credible witness.

The notary must retain the journal for 10 years and may not destroy it without the Secretary of State's written approval.

The statutory maximum fee for each notarial act is $4.00; a notary may charge less but not more.

A notary may not charge a fee for a notarial act performed for a person who is a member of the notary's immediate family.

A notary must provide a receipt for any fee charged if the signer requests one.

A notary may not charge a fee for a notarial act that is required by law to be performed without charge, such as certain absentee ballot affidavits.

A travel fee must be disclosed in advance and agreed to by the signer before the notary travels.

The travel fee may be based on mileage at the IRS business rate or a flat fee, but must be reasonable.

A notary may not charge a travel fee for travel within the notary's county if the notary advertises free travel within that county.

A notary must document the travel fee and mileage in the notary's records.

A Maryland notary may perform RON only through a vendor approved by the Secretary of State.

The notary must verify the signer's identity by knowledge-based authentication, government-issued photo ID, or a credible witness.

The notary must record the entire RON session and retain the recording for at least 10 years.

The notary must record the RON session's date, time, platform, and the signer's location in the journal.

An applicant must be at least 18, a Maryland resident or a resident of a bordering state employed in Maryland, and of good moral character.

The application must be filed with the Secretary of State with the required fee and a surety bond.

The applicant must take an oath of office before performing any notarial act.

A commission is valid for four years and may be renewed before expiration.

A notary who changes their name or address must notify the Secretary of State within 30 days.