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Code · Maryland · State Government

§ 18-215

466 words·~2 min read·/md/state-government/18-215

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

§18–215.
(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.
(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.
(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.
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