(a)
- (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.
(b)
- (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.
(f)
- (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.
Added by Acts 2019, c. 407, § 1, eff. Oct. 1, 2020.