1. A. In this chapter, the following words have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Acknowledgment” means a declaration by an individual before a notarial officer that:

      1. (a) The individual has signed a record for the purpose stated in the record; and
      2. (b) If the record is signed in a representative capacity, the individual signed the record with proper authority, and signed it as the act of the individual or entity identified in the record.
   2. (2) “Affirmation” means a solemn statement of truth, made under penalty of perjury before a notary public.

   3. (3) “Communication technology” means an electronic device or process that:

      1. (a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
      2. (b) When necessary, under and consistent with other applicable law, facilitates communication between a notary public and a remotely located individual who has a vision, hearing, or speech impairment.

   4. (4) Notarial Act.

      1. (a) “Notarial act” means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of the State.

      2. (b) “Notarial act” includes:

         1. (i) Taking an acknowledgment;
         2. (ii) Administering an oath or affirmation;
         3. (iii) Taking a verification on oath or affirmation;
         4. (iv) Witnessing or attesting a signature;
         5. (v) Certifying or attesting a copy; and
         6. (vi) Noting a protest of a negotiable instrument.
   5. (5) “Notarize” means to perform a notarial act with respect to a record.
   6. (6) “Notarization” means the act of notarizing.
   7. (7) “Oath” means a sworn solemn statement of truth made under penalty of perjury by an individual who believes in and appeals to a Divine Being to evidence the seriousness of the individual's actions or words.
   8. (8) “Original notarial act” means the completion of a single notarial act involving one record.
   9. (9) “Remote notarial act” means a notarial act performed by a notary public for a remotely located individual using communication technology.
   10. (10) “Remote online notary vendor” is a company that provides communication technology primarily used to facilitate a notarial act for a remotely located individual and the technology offered by the vendor includes identity proofing and credential analysis that the notary public may use when required by law to identify a remotely located individual.
   11. (11) “Remotely located individual” means an individual who is not in the physical presence of the notary public who performs a notarial act.
   12. (12) “Verification on oath or affirmation” means a declaration made by an individual on oath or affirmation before a notarial officer that a statement in a record is true or that a remotely located individual has the identity claimed.

Authority: State Government Article, §§18-102, 18-103, 18-107 and 18-222, Annotated Code of Maryland;
Ch. 407, §1, Acts of 2019, Effective October 1, 2020

Effective date: October 8, 1984 (11:20 Md. R. 1740)

Regulation .01B amended effective October 3, 1988 (15:20 Md. R. 2333)

Regulation .02B amended effective March 25, 1985 (12:6 Md. R. 593)

Regulation .04 adopted effective July 1, 1989 (16:12 Md. R. 1332)

Regulation .04 amended and Regulations .05 and .06 adopted as an emergency provision effective July 25, 1989 (16:16 Md. R. 1733); adopted permanently effective October 16, 1989 (16:20 Md. R. 2179)

Chapter revised effective December 11, 2000 (27:24 Md. R. 2198)

Regulation .03A amended effective April 1, 2014 (41:6 Md. R. 377)

Regulation .03D amended effective August 13, 2018 (45:16 Md. R. 774)

Regulation .03E amended effective January 2, 2006 (32:26 Md. R. 1995)

Regulation .04 amended effective March 1, 2003 (29:26 Md. R. 2027); August 29, 2016 (43:17 Md. R. 952)

Chapter revised effective October 5, 2020 (47:20 Md. R. 874)

Regulation .01B amended effective November 14, 2022 (49:23 Md. R 995)

Regulation .02 amended effective November 14, 2022 (49:23 Md. R 995)

Regulation .02A, B amended effective January 22, 2024 (51:1 Md. R 15)

Regulation .03 amended effective January 22, 2024 (51:1 Md. R 15)

Regulation .07 amended effective November 14, 2022 (49:23 Md. R 995)

Regulation .09E, F, G, H amended effective January 22, 2024 (51:1 Md. R 15)

Regulation .09I adopted effective January 22, 2024 (51:1 Md. R 15)

Regulation .10 amended effective January 22, 2024 (51:1 Md. R 15)

Regulation .11C amended effective November 14, 2022 (49:23 Md. R 995)

Regulations .13—17 adopted effective October 1, 2021 (48:19 Md. R. 802)