§ 18-204

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§18–204.

(a)A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18–206 of this subtitle, that:

(1)the individual appearing before the notarial officer and making the acknowledgment has the identity claimed; and

(2)the signature on the record is the signature of the individual.

(b)A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18–206 of this subtitle, that:

(1)the individual appearing before the notarial officer and making the verification has the identity claimed; and

(2)the signature on the statement verified is the signature of the individual.

(c)A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18–206 of this subtitle, that the individual appearing before the notarial officer and signing the record has the identity claimed.

(d)A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

(1)A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record shall:

(i)reasonably determine whether the electronic record is in a tamper–evident format; and

(ii)personally print or supervise the printing of the electronic record onto paper or other tangible medium.

(2)A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record may not make the certification if the notarial officer has detected a change or an error in an electronic signature or other information in the electronic record.

(f)A notarial officer who makes or notes a protest of a negotiable instrument shall make or note the protest in accordance with § 3–505(b) of the Commercial Law Article.