Maryland Notary flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Acknowledgment
- A notarial act in which the signer appears before the notary and states that the signature was voluntarily made for the stated purpose; the signer need not sign in the notary's presence.
- Jurat
- A verification on oath or affirmation in which the signer appears, signs in the notary's presence, and is administered an oath or affirmation before the notary completes the certificate.
- Certified copy limits
- A Maryland notary may certify copies only of tangible original documents the notary can possess; copies of public records, court filings, and vital records are prohibited.
- Satisfactory evidence of identity
- A government-issued photo ID with signature, or a credible witness who personally knows both the notary and the signer and can verify the signer's identity.
- Prohibited notarizations
- 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.
- Stamp required elements
- The notary's name as commissioned, the words Notary Public, the state of Maryland, and the commission expiration date must appear on the stamp.
- Journal retention period
- A Maryland notary must retain the journal of notarial acts for at least 10 years after the last entry and make it available to the Secretary of State upon request.
- Journal entry contents
- Date, time, type of act, signer's name and address, type and number of identification, whether appearance was in person or remote, and the fee charged.
- Lost stamp notification
- A notary must notify the Secretary of State within 30 days of loss, theft, damage, or destruction of the official stamp and may not notarize until a replacement is obtained.
- Journal prohibited content
- A notary may not record the signer's social security number or attach a copy of the identification document to the journal entry.
- Maximum notarial fee
- The maximum fee a Maryland notary may charge for an acknowledgment, oath, jurat, or certified copy is $4.00 per act or signature.
- Family fee exemption
- A notary may not charge a fee for a notarial act performed for a member of the notary's immediate family or for an act required by law to be free.
- Fee disclosure duty
- A notary must disclose the fee before performing the notarial act and must record the fee charged in the journal entry.
- Receipt on request
- A notary must provide a receipt for any fee charged if the signer requests one, itemizing each notarial act and any travel charge separately.
- Travel fee agreement
- A travel fee may be charged only if it is disclosed in advance and agreed to by the signer before the notary travels to perform the act.
- Mileage rate basis
- A travel fee may be based on mileage at the IRS business rate or a flat fee, but the amount must be reasonable and documented in the notary's records.
- Free travel advertising
- A notary who advertises free travel within the county of commission may not charge a travel fee for travel within that county.
- Cancelled appointment travel fee
- If the signer cancels after the notary travels, the notary may charge the agreed travel fee but may not charge the notarial fee for an act not performed.
- Travel fee documentation
- The notary's records must show the travel fee, the starting and ending points, and the total miles traveled for each trip charged.
- RON location requirement
- A Maryland notary may perform remote online notarization only if the notary is physically located in Maryland at the time of the act.
- Approved RON vendor
- A notary may perform RON only through a vendor approved by the Secretary of State that provides identity proofing, audio-video recording, and tamper-evident technology.
- RON identity verification
- The notary must verify the signer's identity by knowledge-based authentication, a government-issued photo ID, or a credible witness appearing by audio-video.
- RON recording retention
- 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.
- RON journal entry
- The journal must record the RON session's date, time, platform, the signer's location, and whether the appearance was by audio-video.
- RON wet signature limit
- A notary may not perform RON for a document that requires a wet signature by law, such as a will, unless the law expressly authorizes electronic signatures.
- Commission eligibility
- 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.
- Application filing
- The application must be filed with the Secretary of State with the required fee and a surety bond in the amount set by statute.
- Oath of office
- An applicant must take and file an oath of office with the Secretary of State before performing any notarial act.
- Commission term
- A Maryland notary commission is valid for four years and may be renewed by filing a renewal application before the expiration date.
- Name change notification
- A notary who changes their name must notify the Secretary of State within 30 days and obtain a new stamp reflecting the new name.
- Address change notification
- A notary who changes their address must notify the Secretary of State within 30 days; a change of county may require a new commission.
- Stamp surrender
- A notary must surrender the official stamp to the Secretary of State upon resignation, revocation, or expiration of the commission.