Understanding Maryland’s Notary Laws: What You Need to Know
Notaries public play a critical role in the legal and business landscape by authenticating signatures, administering oaths, and ensuring the integrity of important documents. In Maryland, notary laws govern how notaries operate, the requirements for becoming a notary, and the duties and responsibilities they must uphold. Here’s a comprehensive guide to understanding Maryland’s notary laws.
1. What is a Notary Public?
A notary public in Maryland is a person commissioned by the state to serve as an impartial witness to the signing of documents. Their primary function is to prevent fraud and ensure that the signers are who they claim to be, are signing voluntarily, and understand the documents they are signing.
2. Becoming a Notary in Maryland
To become a notary public in Maryland, an individual must meet specific requirements:
- Eligibility: Applicants must be at least 18 years old, a Maryland resident, or a resident of a bordering state (if employed in Maryland). They must also be able to read and write English.
- Application: Prospective notaries must submit an application to the Secretary of State. This includes providing personal information and, in some cases, a recommendation from a current notary.
- Education and Training: While Maryland does not require formal training, prospective notaries are encouraged to understand the laws and procedures governing notarization. Many organizations offer courses on notary practices.
- Oath of Office: Once approved, notaries must take an oath of office, affirming to uphold the laws of Maryland and perform their duties faithfully.
3. Notary Commission
After completing the necessary steps, a notary public is issued a commission by the Secretary of State. This commission is valid for four years. Notaries must renew their commission before it expires to continue performing notarial acts.
4. Duties and Responsibilities of Notaries
Maryland notaries have several key responsibilities, including:
- Administering Oaths and Affirmations: Notaries can administer oaths for various legal purposes, such as depositions or sworn statements.
- Verifying Identity: Notaries must verify the identity of signers using government-issued identification, ensuring that the signer is present and willing to sign.
- Witnessing Signatures: Notaries must witness the signing of documents and ensure that all signers understand the contents of the documents.
- Maintaining a Notary Journal: While not required in Maryland, it is recommended that notaries keep a record of their notarizations, including the date, type of document, names of the signers, and identification used. This helps protect against potential fraud claims and serves as a reference for future inquiries.
5. Types of Notarial Acts
In Maryland, notaries can perform various notarial acts, including:
- Acknowledgments: Confirming that a signer has willingly signed a document.
- Jurats: Certifying that a signer has sworn to the truth of the contents of a document before the notary.
- Copy Certifications: Attesting that a copy of a document is a true and accurate reproduction of the original.
- Oaths and Affirmations: Administering an oath to a person, requiring them to swear or affirm the truthfulness of their statements.
6. Fees for Notarial Services
Maryland law sets limits on the fees notaries can charge for their services. The standard fee for most notarial acts is $4 per signature. Notaries can also charge for travel, typically at a rate of $0.56 per mile plus a $5 travel fee. It’s essential for notaries to provide transparent pricing to clients to avoid misunderstandings.
7. Prohibited Acts
Notaries in Maryland must adhere to specific restrictions to maintain their impartiality and integrity:
- Conflicts of Interest: Notaries should avoid notarizing documents in which they have a personal interest or where they are a party to the transaction.
- Unauthorized Practice of Law: Notaries cannot provide legal advice or prepare legal documents unless they are also licensed attorneys.
- Witnessing Signatures Without Presence: Notaries must witness the signing of the document in person; remote notarization is not permitted in Maryland unless specific conditions are met under the new legislation.
8. Notary Liability and Penalties
Notaries must perform their duties with care, as they can face penalties for failing to adhere to notary laws. Potential consequences include:
- Civil Liability: Notaries may be held liable for damages resulting from improper notarization or negligence.
- Criminal Penalties: In cases of fraud or misconduct, notaries could face criminal charges, including fines or imprisonment.
9. Renewing a Notary Commission
Notaries in Maryland must apply for a renewal of their commission before it expires. The renewal process is similar to the initial application, requiring the notary to submit a renewal application and pay a fee. Staying informed about changes in notary laws and best practices is essential for maintaining their commission.
10. Resources and Support
Maryland notaries can access various resources for guidance and support, including:
- Maryland Secretary of State’s Office: The primary authority overseeing notaries, offering information on laws, applications, and resources.
- Professional Organizations: Joining organizations, such as the National Notary Association (NNA), can provide ongoing education, networking, and support for notaries.
In summary, understanding Maryland’s notary laws is essential for anyone looking to become a notary public or utilize notary services. By adhering to these laws, notaries help maintain the integrity of important documents and play a vital role in preventing fraud and protecting the interests of the individuals and entities they serve.
