Maryland Notary Public Handbook Form

Maryland Notary Public Handbook.pdf Contains all the information and laws pertaining to becoming and acting as a Notary Public in Maryland.

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HANDBOOK FOR
MARYLAND
NOTARIES PUBLIC
Office of the Secretary of State
State House
Annapolis, MD 21401
410-974-5520 or
888-874-0013 ext. 3861 (toll free in Maryland)
http://www.sos.state.md.us
September 2009TABLE OF CONTENTS
I APPOINTMENT OF NOTARIES PUBLIC 1
II GENERAL POWERS AND DUTIES 3
POWERS 3
WHERE EXERCISED 4
PERSONAL INTEREST OF NOTARY 4
LEGAL ADVICE 5
III HOW TO ACT AS A NOTARY PUBLIC 6
ACTION AND RECORDS 6
CERTIFICATE 7
SEAL 8
IV NOTARY AS OFFICIAL WITNESS 9
V OATHS AND AFFIRMATIONS 9
GENERALLY 9
OATHS AND AFFIRMATIONS TO DOCUMENTS (AFFIDAVITS) 10
OATHS AND AFFIRMATIONS (ORAL TESTIMONY) 13
VI ACKNOWLEDGMENTS 14
ACKNOWLEDGMENT BY INDIVIDUALS 15
ACKNOWLEDGMENT BY CORPORATIONS 17
VII CERTIFIED COPIES 17
VIII MORTGAGES AND DEEDS OF TRUST 18
IX PROTEST 20
X NOTARIAL DEFINITIONS 21
XI CHARGES AND FEES 22
XII PENALTIES IMPOSED ON NOTARIES PUBLIC 23
NOTARY LAW
STATE GOVERNMENT ARTICLE 24
CODE OF MARYLAND REGULATIONS (COMAR) 31
CIRCUIT COURTS IN MARYLAND 34
LOCAL ELECTION BOARDS 36
INDEX 37
i1
PART I
APPOINTMENT OF NOTARIES PUBLIC
1. Who may apply for appointment as a notary public?
Any person who is:
a. At least 18 years of age;
b. Of known good character, integrity and abilities; and
c. Living or working in the State of Maryland.
2. To whom is the application made?
An application is submitted to the Secretary of State with a nonrefundable processing fee. An individual is not required to submit
or maintain a bond in order to be a notary public in Maryland. The
application then goes to the State Senator of the applicant’s
Senatorial District. If the Senator approves the application, it is returned to the Secretary of State, whereupon appointment will be
made upon approval by the Governor.
Applications submitted to the Secretary of State by out-of-State
persons are transmitted to a State Senator chosen by the applicant.
Usually, the Senator chosen is the one where the applicant works or
the one whose jurisdiction is closest to the applicant’s residence.
3. May the Governor refuse to issue a notary public commission to
a person approved by a Senator?
The Governor, by law, appoints only in his discretion and
judgment, and therefore may decide not to make an appointment.
However, all Governors have relied on the recommendations
submitted by the Senators.
4. How is an applicant notified of an appointment?
After appointment by the Governor, a commission (the written
statement of the appointment) is prepared. The commission is sealed
with the Great Seal of the State and is signed by the Governor and
Secretary of State. The State of Maryland does not issue commission
numbers for notaries public. The applicant is then notified to appear
before the Clerk of the Circuit Court of the County, or Baltimore
City, where the applicant resides. Out-of-State applicants appear 2
before the Clerk of the Circuit Court of the County, or Baltimore
City, in which the endorsing Senator has jurisdiction.
5. What proceedings take place before the Clerk of the Circuit
Court?
The appointee must pay a fee of $10.00 for the commission and
$1.00 registration fee to the Clerk and take the oath of office. The
appointee then receives the commission and is qualified to act as a
notary public.
6. How long is a notary public commission valid?
A notary public commission is valid from the time the person takes
the oath of office before the Clerk of the Circuit Court until four
years from the date the commission was issued. The expiration date
is shown on each commission.
7. How can a notary public commission be renewed?
The Secretary of State will ordinarily send a renewal application
before the expiration of the commission term. The notary public
should submit the completed application to the Secretary of State
with the required processing fee. Upon approval, the notary public
will be issued a notice of renewal. It is the duty of the notary public
to appear, pay the fees and qualify before the Clerk of the Court
within 30 days after issuance of notice of renewal. Failure to
qualify within 30 days after notice constitutes a revocation of the
appointment and commission.
8. What action should a notary take when a name or address is
changed?
Whenever the name of a notary is changed, the notary may continue
to perform official acts under the name in which the notary was
commissioned, until the expiration of commission. However, it is
preferable to write on each document’s certificate New Name,
commissioned as Prior Name. The notary shall, within 30 days
after a change of name or address, notify the Secretary of State and
the Clerk of the Circuit Court of the County, or Baltimore City,
depending upon where the notary received the commission.
A notary who wishes to obtain a commission in a new name may
do so by requesting a name change application from the Secretary
of State, which is to be completed and returned, along with the old
commission. The notary must appear before the Clerk to be sworn 3
in and pay the fee described in paragraph 5. When a new
commission is issued because of a change of name, the previous
commission held in the old name is cancelled.
9. May a married woman who is a notary public use her maiden
name on her seal?
The Attorney General has issued an opinion that a married woman
may use her maiden or married name on her notary commission and
seal. The name chosen must be the same on the commission, on the
seal, and as she signs her name on the certification. She may choose
either name, but whichever she chooses, the use must be consistent.
That is, her name as used as a notary public should be the same one
used for other purposes: business, professional, or personal. Based
upon an earlier court case, the opinion stated that a married female
may retain her given birth name by using it exclusively,
consistently, and non-fraudulently.
10. Is a notary public an officer of the State of Maryland?
Yes, a notary public is an officer of the State. By a 1964
constitutional amendment, a notary, unlike other State officers, may
hold another public office. A notary public in the exercise of duties
is held to the same high standards of public trust as other appointed
and elected State officials.
Because notaries public are civil officers, they should not advertise
their notarial services under a trade name. The public is entitled to
know the name of the officer to whom it is going for the services
given by a notary public.
PART II
GENERAL POWERS AND DUTIES
Powers
11. What are the powers of a notary public?
A notary public has the following general powers:
a. To act as a witness in the notary’s official capacity;
b. To receive the acknowledgment of certain written instruments;
c. To administer oaths according to law in certain civil matters;4
d. To make protests and declarations in certain commercial
transactions;
e. To complete a certificate under the notary’s official seal that the
notary has performed any of these duties; and
f. To certify a copy of a record in his or her fair register of official
acts.
Where Exercised
12. Where may a notary public exercise notarial powers?
A notary public may perform notarial acts in any county of the
State or in the City of Baltimore, regardless of the place where the
notary public was appointed. For instance, a notary public for
Somerset County may also act as a notary public in any other
county in the State.
13. May a notary public act as a notary in another state?
A notary public commission issued by the State of Maryland does
not authorize the holder to act as a notary public in another state or
the District of Columbia. Similarly, a notary public of another state
may not act as a notary public in Maryland, unless the person also
holds a commission issued by Maryland. However, a notary can
notarize documents from another state as long as the document is
notarized in Maryland.
Personal Interest of Notary
14. May a notary public perform official duties in a situation in
which the notary is personally involved?
As a general rule, a notary public should not perform any official act
with regard to any matter in which the notary is personally involved,
whether that involvement is direct or indirect. Notaries are prohibited
from notarizing their own signature, and to minimize personal
involvement, notaries should refrain from performing official acts
for members of their immediate families, even though not under a
legal duty to refrain. There are only two exceptions to this rule.
The first is a statutory exception, and occurs when a notary public is
also a stockholder, director, officer or employee of a bank or other
corporation. Such a notary public may perform the following
official acts regardless of notary’s connection with the corporation:5
a. Take the acknowledgment of any person (other than the notary)
to any written instrument which involves the corporation and to
which the notary is not a party.
b. Administer an oath to any other shareholder, director, officer,
employee, or agent of the corporation.
c. Protest for nonacceptance or nonpayment certain negotiable
instruments owned or held by the corporation, except
instruments to which the notary is a party.
The second exception occurs when the notary public has no beneficial
interest in the transaction in which the notary acts as a notary public.
Legal Advice
15. Can a notary public give legal advice?
A person who is not admitted to the practice of law by the Court of
Appeals of Maryland may not practice the profession of or perform
the services of an attorney-at-law (see paragraph 57 for criminal
penalties). Legal practice includes:
a. Giving legal advice;
b. Representing a person in any trial in certain courts;
c. Preparing any written instrument affecting the title to real
estate; or
d. Giving advice in the administration or probate of estates of
ecedents in any orphan’s court.
16. Does this mean that a notary public who is not an attorney
cannot prepare a deed, mortgage, or other land conveyance?
Frequently, a person who is a secretary to a lawyer and is a notary
public will type various papers connected with the conveyance of
real estate. This is permitted as long as it is done under the
supervision of a lawyer, since the law views the acts of the
employee-secretary as those of the lawyer. However, the secretary
may never charge a fee for preparation of such papers and may not
prepare any papers except under the supervision of the attorney.
But, the secretary who is also a notary public may make a charge
for notarial services in connection with the signing of the
document, such as for taking an acknowledgment. (The subject of
fees is considered under Charges and Fees.)6
PART III
HOW TO ACT AS A NOTARY PUBLIC
Actions and Records
17. How does a notary public perform notarial services?
When a person wishes to have a notary witness a signature in the
notary’s official capacity, take an oath or affirmation, acknowledge
a written instrument, or receive a certificate of protest, the person
comes before the notary public. Depending upon the situation, the
notary public witnesses the signature, takes the acknowledgment,
administers the oath or affirmation, or issues the certificate of
protest. No member of the general public is permitted to take an
acknowledgment or administer an oath. The notary public, as a
State Officer, is given these powers by the notary’s commission.
18. May a notary perform official duties at real estate closings or
settlements?
A notary may not render services which may result in the issuance
of a title insurance contract; such services may only be performed
by a licensed title insurance producer, as defined in Insurance
Article, §10-101(i), Annotated Code of Maryland. According to the
Maryland Insurance Administration, “a notary who merely attends
a real estate closing or settlement that is conducted by another
person or entity and who merely witnesses signatures in
consideration of the statutory fees that a notary is permitted to
charge does not, in the view of the MIA, fall within the scope of
§10-101(i) and is not required to secure a title producer’s license in
order to perform such services. However, if the notary is the only
individual other than the buyer who is present at the closing and the
notary is presenting documents for signature which may result in
the issuance of title insurance, collecting escrow funds, or
otherwise performing any duty other than the witnessing of a
signature, the notary must also be licensed as a title insurance
producer. Bulletin from MIA to Title Insurers, Property & Casualty
03-18, December 1, 2003.7
19. What records must a notary keep?
Each notary public is required by law to keep a fair register of all
official acts performed. A fair register would include at least:
a. A record of the name and address of each person coming before
the notary;
b. The date when they appeared;
c. The method by which each person was identified to the notary;
d. The type of official act (oath or affirmation, acknowledgment,
protest, notary as an official witness);
e. The type of document involved (deed, mortgage, lease, motor
vehicle form, deposition, etc.);
f. The fee charged; and
g. Signature(s) of person(s) signing document.
Certificate
20. What is the certificate which is completed by a notary public?
The certificate of the notary public is a form of receipt which the
notary completes to show that an acknowledgment has been taken
or oath administered. The certificate of a notary public is the act of
an officer of the State, and, therefore, carries great legal weight.
Because the certificate is so important, severe criminal penalties are
imposed by law for the making of a false certificate (see paragraph
56). Therefore, a notary must possess a clear understanding of
notarial duties and ensure that they are performed accurately.
21. Who prepares the certificate?
Because a notary public (other than one who is a lawyer—see
paragraph 15) may not give legal advice or otherwise practice law,
a notary public should not prepare legal documents, including
certificates. This applies particularly to those affecting title to real
estate.
Therefore, except to certify a record in his or her fair register, a
notary should only complete a certificate which has already been
prepared. These certificates are ordinarily printed or typewritten at
the end of a document.8
22. How does a notary public complete a certificate?
Various forms of certification are set forth in this handbook so that
notaries public will be familiar with them and in order to illustrate
the notary’s duties (see paragraphs 32, 33, 41, 42, 43). A notary
public should carefully read the certificate to determine the kind of
oath or acknowledgment that is to be received and the name or
names of the person(s) who are supposed to give the oath or
acknowledgment.
After the oath or acknowledgment has been made, the notary public
should fill in the date on the certificate, sign his or her name, affix
the notary seal and include the expiration date of the commission.
Ordinarily, the certificate should show the county for which the
notary was appointed, or the City of Baltimore, if the notary was
appointed in that jurisdiction. The name of the notary should also
by typed or printed under the notary’s signature. Matters which the
law permits the notary public to fill in are indicated by the use of
italics or blanks in the forms given here as examples (see
paragraphs 32, 33, 41, 42, 43).
23. What should a notary do if a person presents a document with
no certificate?
If a person wishes to execute a document with no certificate, the
notary should follow the instructions for Official Notary Witness
(Part IV).
In any event, the notary public should always remember not to
prepare or choose a certificate, except as explained in paragraphs
16 and 43.
Seal
24. Who furnishes the seal of office?
Each notary public must furnish, at his or her own expense, a seal
of office. It is a public seal, even though the notary public
purchases it. The notary public should use great care to see that it is
not lost, stolen, or misused.
25. What must the seal contain?
The seal must be either an embosser which makes a raised
impression in the paper or a rubber stamp which makes an ink 9
impression upon the paper. Both are in general use throughout the
State. Either type must contain the following:
a. The name of the notary public as it appears on the notary’s
commission;
b. The words Notary Public; and
c. The County (or City of Baltimore) for which the notary was
appointed.
The seal may also contain a symbol or device chosen by the notary
public, but a symbol or device is not required and is not normally used.
PART IV
NOTARY AS OFFICIAL WITNESS
26. How does a notary public act as an official witness?
If a document presented for notarization does not contain a notarial
certificate reflecting the taking of an oath or acknowledgment, a
notary may witness the signing of the document in the notary’s
official capacity as follows:
a. Obtain satisfactory proof of the identity of the person signing
the document;
b. Observe the signing of the document;
c. Date, sign and apply the notary’s seal or stamp to the document;
d. Indicate the date on which the notary’s commission expires; and
e. Record the notarization in the notary’s register of official acts.
PART V
OATHS AND AFFIRMATIONS
Generally
27. What are oaths and affirmations?
Oaths and affirmations are statements of truth. These statements fall
into two general categories:
a. Those relating to the truth of existing facts, or
b. Those relating to a promise by the swearer that he or she is
bound in conscience to well and truly perform a certain act.10
An example of the first group would be the oath or affirmation
made by a person to all or part of a written document—the swearer
gives oath or affirmation that the facts in the document are true.
The oath or affirmation made by a person before taking the witness
stand is an example of the second group, since the person swears to
tell the truth in testimony to be given.
A false oath or affirmation of either type constitutes perjury and is
punishable as a crime.
28. What is the difference between an oath and an affirmation?
While an oath and an affirmation are both solemn statements of
truth made under penalty of perjury, an oath may appeal to a Divine
Being to evidence the seriousness of his or her actions or words and
an affirmation is a solemn statement of truth without an appeal to a
Divine Being.
29. How does a notary public administer an oath or affirmation?
A notary public should ordinarily require a person taking an oath or
affirmation to hold up his or her hand. If this is not practical (for
instance, when the person making the oath is injured or an
amputee), the notary public should direct the person taking the oath
to do some other act which shows recognition of the solemnity of
the occasion. The notary public may also permit the person making
the oath to do some other act if it appears to the notary that another
act will be more binding upon the conscience of the swearer.
Oaths and Affirmations to Documents (Affidavits)
The most usual oath or affirmation of the first kind referred to in
paragraph 28 is that by which a person swears to the truth of facts
contained in a written document. This type of oath or affirmation is
known as an affidavit. In that situation, the person will bring the
document to the notary public. The following paragraphs contain the
suggested procedure in such cases.
30. What are the words of the oath or affirmation?
a. Whenever an affidavit on personal knowledge is required by
rule or law, the notary asks: Do you solemnly affirm under
the penalties of perjury and upon personal knowledge, that
the contents of the foregoing paper (here the notary should
refer to the document to which the person is making an
affidavit) are true?
b. Whenever an affidavit on personal knowledge is desired, but
the affidavit is not required by rule or law and the person 11
making the affidavit wishes to appeal to a Divine Being, the
notary public asks: In the presence of Almighty God, do you
solemnly swear under the penalties of perjury and upon
personal knowledge that the contents of the foregoing paper
(here the notary public should refer to the document to which
the person is making an affidavit) are true?
31. Must the oath or affirmation always be on personal knowledge?
In some cases, particularly with regard to some documents to be filed
in court, an oath or affirmation on personal knowledge is not required.
In those instances, the person swears or affirms only that the facts are
true to the best of his or her knowledge, information, or belief.
The notary public should be careful to read the notarial certificate,
in each document presented, to see whether an oath or affirmation
on personal knowledge is necessary to the particular document, or
whether a general affidavit to the best of the knowledge,
information, and belief of the affiant is sufficient.
a. Whenever a general affidavit is required by rule or law, the
notary public asks: Do you solemnly affirm, under the
penalties of perjury, that the contents of the foregoing
paper (here the notary public should refer to the document to
which the person is making affidavit) are true, to the best of
your knowledge, information, and belief?
b. Whenever a general affidavit is desired but the affidavit is not
required by rule or law and the person making the affidavit
wishes to appeal to a Divine Being, the notary public asks: In
the presence of Almighty God, do you solemnly swear
under the penalties of perjury, that the contents of the
foregoing paper (here the person should refer to the document
to which the person is making affidavit) are true, to the best of
your knowledge, information, and belief?
32. What certificate is given by a notary public after administrating
an oath or affirmation?
The certificate by a notary public that the notary has administered
an oath or affirmation should be substantially as shown in figure 1.
[Italics or blanks indicate matter which should be filled by the
notary public.]
If the oath is made only on the basis of the knowledge, information
and belief of the swearer (see paragraph 31), the words to the best
of his (or her) knowledge, information, and belief will appear
after the word true in the certificate.12
Figure 1: Oath or Affirmation
33. Is there any other form of certificate of administration of an
oath by a notary public?
When the document to which the person is making an oath or
affirmation states that the person is making an oath or affirmation
and where such statement is signed by that person in the presence
of the notary, the notary public may sign a short form certificate as
shown in figure 2.
Figure 2: Short Form
Note carefully: This short form may be used only when (1) it is
placed on the document, (2) the document is signed by the person(s)
making the oath or affirmation in the presence of the notary, and (3)
the document itself states that the person is making an oath or
affirmation. In using the short form, the notary public must still
administer the oath or affirmation in the manner set forth in
paragraphs 29, 30 and 31, as applicable.
STATE OF MARYLAND, COUNTY OF (or City of Baltimore)
[place where oath was administered], to wit:
I hereby certify that on the ________ day of [month], 20___,
before me, the subscriber, a notary public of the State of Maryland,
in and for [here insert name of county or City of Baltimore for which
notary is appointed], personally appeared [name(s) of person(s)
swearing] and made [oath or affirmation] in due form of law that
the matters and facts set forth in the [here describe document to
which the person(s) is or are swearing] are true.
As witness, my hand and notarial seal.
[Signature of notary public]
[Name of notary public typewritten or printed]
[Notary Seal] Notary Public
My Commission expires________________
Sworn and subscribed to before me this ________day of [month],
20_____.
[Signature of notary public]
[Name of notary public typewritten or printed]
[Notary Seal] Notary Public
My Commission expires__________13
34. Does the certificate of the notary public mean that the notary
has investigated the facts contained in the document or that the
notary believes them to be true?
No, a notary public has no right to investigate or pass upon any
facts sworn to by another person. A notary public only has power to
administer an oath or affirmation, and the certificate he or she
issues shows only that the facts were sworn to before the notary.
However, a notary public should never act in a situation where the
notary knows, or has reason to believe, that a person is making a
false oath or affirmation, since this may render the notary public
guilty as a conspirator or an accomplice of the perjurer.
Oaths and Affirmations (Oral Testimony)
The law also permits a notary public to administer an oath or affirmation in
the second type of situation referred to in paragraph 28— that is, where the
swearer makes oath or affirmation that he will tell the truth in his testimony.
Notaries public exercise this power at depositions, in administrative
hearings before governmental agencies, and in courts of law.
35. What is a deposition?
A deposition is an accurate transcript of testimony given by a person
regarding the subject matter of a case pending in a court. A
deposition is taken outside of the courtroom and may be taken
before a qualified notary public. Depositions may be taken
stenographically (some form of shorthand), by audiotaping (tape
recording), or by videotaping. It is a very specialized field which
involves more complicated duties than are exercised by an ordinary
notary public and requires great skill and competence.
By written agreement of the parties or by court order, a deposition
may be taken by telephone. The law provides that the officer before
whom such a deposition is taken may administer the oath by
telephone.
36. When can a notary public take a deposition?
A notary public may take a deposition unless the notary is:
a. A relative, employee, or attorney of any party to the case,
b. A relative or employee of any attorney in the case, or
c. Financially interested in the case.
However, every notary public is warned that because all that occurs
during a deposition must be accurately recorded and the rules 14
relating to the taking and filing of a deposition are very complex, no
one should undertake to act as a notary at a deposition unless he or
she has had the special training necessary to such practice.
37. What is the form of oath administered for oral testimony?
The form of oath administered for oral testimony is: Do you
solemnly swear or affirm under the penalties of perjury that the
responses given and statements made will be the whole truth
and nothing but the truth?
PART VI
ACKNOWLEDGMENTS
38. What is an acknowledgment?
An acknowledgment is a statement by a person who has executed a
document that the document is his or her act and deed. An
acknowledgment is made to the notary public, but is not an oath or
affirmation of truth—it is a statement that a certain person did
something of his or her own free will.
39. How does a notary public take an acknowledgment?
a. The person making the acknowledgment must personally
appear before the notary public.
b. The notary public must either know the person or receive
satisfactory proof that the person making the acknowledgment
is the person who signed the document. In other words, if a
deed states that it is made by John Jones, the notary public
must know or have satisfactory proof that the person making
the acknowledgment is, in fact, John Jones.
c. The person making the acknowledgment must state (i.e.
acknowledge) to the notary public that the document
constitutes his or her act and deed.
40. What is satisfactory proof?
Satisfactory proof is that amount of proof which is sufficient to
convince the notary public that the person making the
acknowledgment is the person described in the document, and the
one who executed it. A good rule for a notary public to follow
would be to require such proof of identification as he or she would
require to cash a very large check for that person.15
Acknowledgment by Individuals
41. What form of certificate does a notary public sign after
receiving an acknowledgment from one or more persons (other
than corporate officers)?
The law specifies several forms which may be used. In order to be
valid, a certificate of acknowledgment by an individual must be
substantially similar to one of the forms shown in figures 3, 4, 5, or 6.
State of Maryland
County of_____(or City of Baltimore) [place where
acknowledgment is taken]
On this ____day of [month], 20___, before me, the
undersigned officer, personally appeared [name(s) of person(s) who
make acknowledgment], known to me (or satisfactorily proven) to be
the person(s) whose name(s) is/are subscribed to within the
instrument and acknowledged that he/she/they executed the same for
the purposes therein contained.
In witness hereof I hereunto set my hand and official seal.
[Signature of Notary Public]
[Name of Notary Public typewritten or printed]
[Notary Seal] Notary Public
My Commission expires____________
Figure 3: Acknowledgment of Private Individual(s)
State of Maryland,___________ County (or Baltimore City), [place
where acknowledgment is taken], to wit:
I hereby certify, that on this ______day of [month], in the year
20______, before the subscriber, a Notary Public of the State of
Maryland, in and for [here insert name of the County or City of
Baltimore, as the case may be, for which notary is appointed],
personally appeared [name(s) of person(s) who make acknowledgment] and acknowledged the foregoing [type of instrument, e.g.,
deed, mortgage, lease, or whatever] to be his/her act. [If more than
one person made an acknowledgment, the last 3 words of the
certificate will be “their respective act” instead of “his or her act.”]
[Signature of Notary Public]
[Notary Seal] [Name of Notary Public typewritten or printed]
Notary Public
My Commission expires_________________
Figure 4: Acknowledgment of Private Individual(s)16
Figure 5: Acknowledgment of Attorney-in-Fact
Figure 6: Acknowledgment by Public Officer, Trustee, Administrator, Guardian, or Executor
State of Maryland
County of ________ (or City of Baltimore) [place where
acknowledgment is taken]
On this _______ day of [month], 20___, before me the
undersigned officer, personally appeared [name(s) of person(s) who
made acknowledgment], known to me (or satisfactorily proven) to
be the person(s) whose name(s) is/are subscribed as attorney(s)-infact for [name of person(s) for whom the attorney is appearing], and
acknowledged that he/she/they executed the same as the act of
his/her/their principal for the purposes therein contained.
In witness thereof I hereunto set my hand and official seal.
[Signature of notary public]
[Notary Seal] [Name of notary public typewritten or printed]
Notary Public
My Commission expires_________________
State of Maryland
County of_________ (or City of Baltimore) [place where
acknowledgment is taken]
On this day of [month], 20 , before me, the
undersigned officer, personally appeared [name(s) of person(s)
who made acknowledgment], of the State (county or city as the
case may be) of _______, known to me (or satisfactorily proven) to
be the person(s) described in the foregoing instrument, and
acknowledged that he/she/they executed the same in the capacity
therein stated and for the purposes therein contained.
In witness whereof I hereunto set my hand and official seal.
[Signature of notary public]
[Notary Seal] [Name of notary public typewritten or printed]
Notary Public
My Commission expires________________17
Acknowledgment by Corporations
42. Who may make an acknowledgment for a corporation?
A document may be acknowledged on behalf of a corporation by its
president or vice-president. Under certain circumstances, other
persons may make an acknowledgment on behalf of a corporation.
In either event, the form of certificate should be substantially as
shown in figure 7.
Figure 7: Acknowledgment on Behalf of a Corporation
PART VII
CERTIFIED COPIES
A notary public is required to provide a certified copy of any record
in his or her office upon demand and upon payment of the $2.00
fee. Ordinarily this would mean a certified copy of a record in his
or her fair register of official acts.
A notary public has no authority to certify a copy of a public
record, a publicly recorded document, a school record or diploma, a
professional license, or any other public or private document or
record which does not pertain to the notary public’s official acts.
State of Maryland
County of_____ (or City of Baltimore) [place where
acknowledgment is taken]
On this_____ day of [month], 20 , before me, the undersigned officer, personally appeared [name(s) of person(s) who
made acknowledgment on behalf of the corporation], a
corporation, and that he/she/they, as such [title of corporate officer
or other description of legal capacity], being authorized so to do,
executed the foregoing instrument for the purposes therein
contained, by signing the name of the corporation by himself
/herself/themselves as [title of corporate officer or other
description of legal capacity].
In witness whereof I hereunto set my hand and official seal.
[Signature of notary public]
[Notary Seal] [Name of notary public typewritten or printed]
Notary Public
My commission expires_________________18
43. What is the proper certificate to certify a copy of a record in
the notary public’s fair register of official acts?
The proper certificate to certify a copy of a record in the notary
public’s fair register of official acts is shown in figure 8.
Figure 8: Certification of record in Notary’s Fair Register of official acts
PART VIII
MORTGAGES AND DEEDS OF TRUST
44. What is the special situation in the case of mortgages or deeds
of trust?
The mortgagors or grantors in a mortgage or deed of trust (the
borrowers) must make an acknowledgment. In addition, the law
requires an oath or affirmation by the lender, or someone on its
behalf, that the consideration recited in the mortgage or deed of
trust is true and bona fide as therein set forth.
45. How does the notary public take an acknowledgment and or
affirmation in this case?
a. The notary public first takes the acknowledgment of the
mortgagor(s) or person(s) making the deed of trust (the
borrowers) in the manner described in paragraph 39. A person
making an acknowledgment must appear personally before the
notary.
b. The notary public then has the mortgagee or person secured by
the deed of trust hold up his hand or do another solemn act (as
described in paragraph 29) and asks the following question:
State of__________________________
County of_________________________
On this________ day of [month] ________, 20_______, I
hereby certify that the attached document is a true copy made by
me from a record in my fair register of official acts.
In witness whereof I hereunto set my hand and official seal.
[Signature of notary public]
[Notary Seal] [Name of notary public typewritten or printed]
Notary Public
My commission expires on_______________19
Do you solemnly affirm under the penalties of perjury and
upon personal knowledge that the consideration recited in
the [mortgage, deed of trust] is true and bona fide as therein
set forth?
If the person making the oath or affirmation is an officer, agent or
executor of the lenders, the notary public must use these words in
the question, after the word that: you are an [officer, agent,
executor] of the [mortgagee, person] secured by the foregoing
[mortgage, deed of trust] and that the consideration recited in the
[mortgage, deed of trust] is true and bona fide as therein set forth?
46. What certificate does a notary public complete in this situation?
The certificate for the acknowledgment of the mortgagor or person
making the deed of trust is the same as that in paragraphs 41 and
42. At the end of the first paragraph of the certificate of
acknowledgment, these additional words will appear to certify to
the oath administered to the mortgagee or person secured by the
deed of trust.
a. If oath or affirmation is made by one or all lenders: At the
same time, also appeared [name of person making oath], (one
of) the mortgagee(s) named in the foregoing mortgage, (or
one of the persons secured by the foregoing deed of trust)
and made [oath, affirmation] in due form of law that the
consideration recited in said mortgage (or deed of trust) is
true and bona fide as therein set forth.
b. If oath or affirmation is made by agent, executor, or corporate
officer: At the same time, also appeared [name of person
making oath], (one of) the [agent, executor, or corporate
officer] of the said [mortgagee, person] and made [oath or
affirmation] in due form of law that [he, she] is an [officer,
executor, agent] of the [mortgagee, person] secured by the
foregoing [mortgage, deed of trust] and that the consideration recited in said [mortgage, deed of trust] is true and
bona fide as therein set forth.
Note that italics information is matter which the notary public may
fill in. The certificate is signed and sealed by the notary public as
shown in paragraphs 41 and 42.20
PART IX
PROTEST
47. What is a protest?
A protest is a certificate of dishonor under the hand and seal of a
United States consul or vice consul or a notary public or other
person authorized to certify dishonor by the law of the place where
dishonor occurs.
48. When is a protest necessary?
Protest is not required except upon dishonor of a draft which on its
face appears to be either drawn or payable outside of the United
States and its territories, and the District of Columbia.
49. What information should a notary obtain from a person
seeking a certificate of protest?
The protest must:
a. Identify the negotiable instrument;
b. Certify that due presentment has been made or the reason why
presentment is excused; and
c. Certify that the instrument has been dishonored
i. By non-acceptance or
ii. By nonpayment.
The protest may also certify that notice of dishonor has been given
to all parties or to specified parties.
50. On what basis may a notary public issue a certificate of
protest?
A certificate of protest may be made upon information satisfactory
to the notary public. This information must be sufficient to prepare
a certificate of protest as set forth in paragraph 49.
51. What is the form of certificate of protest?
The protest need not be in a particular form, so long as it certifies
the matters stated in paragraph 49.
52. What law governs the protest of dishonored negotiable
instruments?
Matters regarding protest are found in Commercial Law, §§3-501—
3-515, Annotated Code of Maryland.21
PART X
NOTARIAL DEFINITIONS
53. The following words have the meanings indicated:
a. Acknowledgment means a declaration by a person that he has
executed an instrument for the purposes stated therein and, if
the instrument is executed in a representative capacity, that the
person signed the instrument with proper authority and
executed it as the act of the person or entity represented and
identified therein.
b. Affirmation means a solemn statement of truth, made under
penalties of perjury.
c. Notarial act means any act that a notary public of this State is
authorized to perform, including acting as an official witness to
the execution of a document, taking an acknowledgment,
administering an oath or affirmation, and noting a protest of a
negotiable instrument.
d. Notarize means to perform a notarial act with respect to a
document.
e. Notarization means the act of notarizing.
f. 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.
g. Original Notarial Act means the completion of a single
notarial act involving one document. To perform an original
notarial act, a notary should:
i. Obtain proof of the identity of the party who appears before
the notary;
ii. Do one of the following:
(1) Observe the signing of the document;
(2) Observe the signing of the document by the party and
administer an oath or affirmation; or
(3) Observe the signing of the document and take the
acknowledgment of the party;
iii. Certify the document by completing the notarial
certification of oath or acknowledgment if applicable;
iv. Sign the certificate, if applicable, or date and sign the
document;22
v. Apply the notary seal;
vi. Indicate the date on which the notary’s commission
expires; and
vii. Record the notarial act in the notary’s register.
PART XI
CHARGES AND FEES
54. What charges and fees may a notary public make?
In accordance with State Government Article, §18-112, Annotated
Code of Maryland, the Secretary of State is required to issue
regulations regarding notarial fees. Regulations were issued and
became effective in November 2000 and include:
a. A notary public may demand and receive a fee of not more than
$2.00 for the performance of an original notarial act.
b. When a notary public is requested to notarize more than one
copy of the same document, where the copy or copies have
been signed at the same time by the person or persons, the
notary may demand and receive not more than $2.00 for
notarizing each signature on the original or first copy of the
document, and may demand and receive not more than $1.00
for each signature on each additional copy of the same
document.
c. When a notary public is requested to make reproductions of a
notarized document by photocopying or other means, the
notary may demand and receive not more than $1.00 for each
copy furnished.
55. May a notary public make any other charges?
A notary public may charge up to 31¢ per mile and a fee not to
exceed $5, as compensation for travel required for the performance
of a notarial act. A notary public may also charge $2.00 for
certifying a copy of an entry in the notary’s register of official acts.23
PART XII
PENALTIES IMPOSED ON NOTARIES PUBLIC
56. Can a notary public be removed from office?
A notary public, like other civil officers of the State, may be
removed or suspended from office by the Governor for
incompetency or misconduct. The Governor may delegate the
authority to the Secretary of State, the Assistant Secretary of State
or both.
57. Are there any criminal penalties imposed for wrongful conduct
by a notary public?
The criminal law of Maryland imposes fines and terms of
imprisonment for the following wrongful conduct of any person,
including a notary public. These criminal penalties are in addition
to any action for removal by the Governor. Among the offenses
particularly significant to notaries public are those which pertain to:
a. Unlawfully, falsely and corruptly affixing a public seal, such as
a notarial seal, to any deed, warrant, or other writing.
b. Misconduct (malfeasance, misfeasance, nonfeasance) in office
by improperly performing duties imposed by law.
c. Practice of law by one who is not an attorney admitted to
practice by the Court of Appeals of Maryland.
Of course, improper conduct by notaries public may involve
violations of other laws. The three examples set forth above are
mentioned to illustrate the care with which notaries public must
perform their duties.24
Annotated Code of Maryland
State Government Article
Title 18
Notaries Public
§ 18-101. Appointment and commission.
(a) Residents of State. — The Governor, on approval of the
application by a Senator representing the senatorial district and
subdistrict in which the applicant resides or on approval by any Senator
if the senatorial office representing the senatorial district and subdistrict
in which the applicant resides is vacant, may appoint and commission
individuals as notaries public as provided in this title.
(b) Out-of-state individuals. — (1) The Governor, on approval of the
application by the Secretary of State and a member of the Senate of
Maryland, shall appoint and commission out-of-state individuals as
notaries public as provided in this article.
(2) An out-of-state notary shall be deemed to have irrevocably
appointed the Secretary of State as the notary’s agent upon whom may be
served any summons, subpoena, subpoena duces tecum, or other process.
§ 18-102. Qualifications.
Each individual appointed as a notary public shall:
(1) be at least 18 years old;
(2) be of good moral character and integrity;
(3) live or work in the State;
(4) if living in the State, be a resident of the senatorial district
from which appointed; and
(5) if living outside the State, be a resident of a state that allows
Maryland residents working in that state to serve as notaries public in
that state.
§ 18-103. Application; term; renewal, revocation, reinstatement;
fees; and forms.
(a) Application. — (1) An application for original appointment as a
notary public shall be made on forms prepared by the Secretary of State
and shall be sworn to by the applicant.25
(2) An application by a resident of the State shall bear or be
accompanied by the written approval of a Senator representing the
senatorial district and subdistrict in which the applicant resides or, if that
office is vacant, by any Senator’s written approval.
(3) An application by an out-of-state individual shall bear or be
accompanied by the written approval of a Maryland State Senator.
(4) Completed applications shall be filed with the Secretary of
State.
(b) Notice of appointment. — When the appointment is made by the
Governor, the Secretary of State shall notify the applicant.
(c) Term. — (1) The term of a notary public commission is 4 years.
(2) The Secretary of State shall adopt, by regulation, a staggered
system for the expiration and renewal of notary public commissions.
(d) Renewal, revocation, and reinstatement. — (1) Notary public
commissions may be renewed from term to term, and the Secretary of
State shall issue an application of renewal to the notary public at or prior
to the expiration of the term of the existing commission.
(2) On receiving of a satisfactory application of renewal from the
notary, the Secretary shall issue a notice of renewal to the notary.
(3) Within 30 days after the issuance by the Secretary of State of
a notice of appointment or renewal, the notary shall qualify before the
appropriate clerk of the court and pay the fees prescribed in subsection
(e) of this section.
(4) An out-of-state individual commissioned as a notary shall
qualify before the clerk of the circuit court in any county or Baltimore
City and pay the fees prescribed in subsection (e) of this section.
(5) The appointment and commission of any notary who fails to
qualify and pay the fees within the time required under this subsection
shall be revoked.
(6) If an appointment and commission is revoked under this
subsection, the court clerk shall return the commission to the Secretary of
State with a certification that the notary failed to qualify and pay the fees
within the required time.
(7) The Secretary of State for good cause shown may reinstate
the appointment and commission.
(e) Procedures and fees. — (1) At the time the notice of appointment
or the notice of renewal is issued, the Secretary of State shall forward to 26
the clerk of the circuit court of the county in which the notary resides or
in the case of a notary who lives out-of-state, to the clerk of the circuit
court in the county where the notary is to qualify, a commission signed
by the Governor and Secretary of State under the great seal of the State.
(2) The clerk of the court shall deliver the commission to the
notary upon qualification and payment of the prescribed fees by the notary.
(3) Each notary shall pay to the clerk:
(i) a fee of $1 for qualifying the notary and registering the
name, address, and commission expiration date of the notary; and
(ii) a fee of $10 or a lesser amount as prescribed by the
Secretary of State for the commission issued.
(4) The fee shall be paid by the clerk to the Treasury of the State.
(5) The Secretary of State may fix other reasonable fees as
required for the processing of applications and the issuance and renewal
of notarial commissions and may charge a reasonable fee not exceeding
$25 for checks returned for insufficient funds.
(6) (i) 1. Except as provided under subparagraph (ii) of this
paragraph, if a payment of a fee under this section is made by a check or
other negotiable instrument that is dishonored, the commission shall be
revoked by operation of law.
2. The revocation is effective beginning on the 60th day
after the day on which the notice is sent in accordance with subparagraph
(ii) of this paragraph.
(ii) When the Secretary of State receives notice that a check
or other negotiable instrument, given by an applicant in payment of a fee
under this section has been dishonored, the Secretary shall inform the
applicant, by regular mail, sent to the last home address the applicant has
given to the Secretary, that the commission will be revoked by operation
of law if within 60 days after the date of the notice the applicant fails to
make payment of the fee and any late charge, or fails to provide evidence
that the notice of dishonor was in error.
(iii) The removal of a notary public from office under this
paragraph is not subject to the provisions applicable to removal under §
18-104 of this title.
(f) Forms. — The Secretary of State may prepare and adopt forms as
required under this section, including the form of original and renewal
applications, the form of commissions, and forms for renewal of
commissions.27
§ 18-104. Removal.
(a) In general. — (1) A notary public may be removed or suspended
from office by the Governor for good cause either on the Governor’s own
initiative or on a request made to the Governor in writing by the Senator
who approved the appointment.
(2) After notice to the notary and the opportunity for a hearing
before the Secretary of State or the Secretary of State’s designee, the
Secretary of State shall submit a recommendation to the Governor for
action as the Governor determines to be required in the case.
(b) Delegation of authority to remove or suspend. — (1) The
Governor may delegate to the Secretary of State or the Assistant
Secretary of State or both the authority to remove or suspend a notary
from office under this section.
(2) The Secretary of State or Assistant Secretary of State shall
give the notary notice and an opportunity for a hearing as provided in
subsection (a) of this section, but is not required to submit a
recommendation to the Governor before acting under this subsection.
(c) Hearing is not contested case. — A hearing under this section is
not a contested case under Title 10, Subtitle 2 of this article.
(d) Requirements for notice and hearing. — The notice and hearing
opportunity under subsections (a) and (b) of this section is deemed
satisfied if a letter informing the notary of the impending removal from
office and hearing opportunity is mailed to the notary at the last address
the notary has given to the Secretary of State, and the letter is returned to
the Secretary of State by the United States Postal Service.
§ 18-105. Administration of oaths; certificate under seal as evidence.
(a) Administration of oaths. — A notary public shall have the power
to administer oaths according to law in all matters and cases of a civil
nature in which a justice of the peace might have administered an oath on
or before July 4, 1971, and with the same effect.
(b) Certificate under seal as evidence. — A certificate under the
notarial seal of a notary shall be sufficient evidence of the notary having
administered the oath as notary public.28
§ 18-106. Acknowledgement; protests and declarations.
A notary public may:
(1) receive the proof or acknowledgment of all instruments of
writing relating to commerce or navigation and other writings as have
been usually proved and acknowledged before notaries; and
(2) make protests and declarations and testify to the truth of the
protests and declarations under the notary’s notarial seal of office
concerning all matters done by the notary in virtue of the notary’s
office.
§ 18-107. Register; certified copies of record.
A notary public shall keep a fair register of all protests and other
official acts done by the notary in virtue of the notary’s office and shall,
when required, give a certified copy of any record in the notary’s office
to any person applying for the record on payment of the usual fees for the
certified copy by the person applying for it.
§ 18-108. Notary seal or stamp.
(a) In general. — A notary public shall provide a public notarial seal
or stamp with which the notary shall authenticate the notary’s acts,
instruments, and attestations, on which seal or stamp shall be shown a
device that the notary thinks proper and for legend shall have the name,
surname, and office of the notary and the notary’s place of residence,
which shall be designated by the county of the notary’s residence or if the
notary is a resident of the City of Baltimore, by the City of Baltimore.
(b) Out-of-state notary. — If the notary is an out-of-state notary, the
legend shall have the name, surname, office of the notary, and the county
where the notary qualified.
(c) Inclusion of expiration date of commission. — Each notary shall
include on each act, instrument, or attestation the expiration date of the
notary’s commission as a notary.
§ 18-109. Extent of authority.
A notary public may exercise all functions of the office of notary in
any other county or city than the county or city for which the notary is
appointed, with the same power and effect in all respects as if the same
were exercised in the county or city for which the notary is appointed.29
§ 18-110. Form of protest.
It is unlawful for any notary public to sign and issue any protest
except in the form prescribed by the Comptroller.
§ 18-111. Limits on taking acknowledgements or protests.
(a) Acknowledgements and protests allowed. — Subject to subsection
(b) of this section, it is lawful for any notary public who is a stockholder,
director, officer, or employee of a bank or other corporation to:
(1) take the acknowledgment of any party to any written
instrument executed to or by the corporation, or to administer an oath to
any other stockholder, director, officer, employee, or agent of the
corporation; or
(2) protest for nonacceptance or nonpayment bills of exchange,
drafts, checks, notes, and other negotiable instruments that may be
owned or held for collection of the corporation.
(b) Acknowledgements and protests prohibited. — It is unlawful for
any notary public to:
(1) take the acknowledgment of an instrument by or to a bank or
other corporation of which the notary is a stockholder, director, officer,
or employee if the notary is a party to the instrument, either individually
or as a representative of the corporation; or
(2) protest any negotiable instrument owned or held for
collection by the corporation, where the notary is individually a party to
the instrument.
§ 18-112. Notary fees and travel expenses.
(a) Limits on fees. — The Secretary of State shall adopt regulations
to establish fees, not to exceed $2 for an original notarial act, and an
appropriate lesser amount for the repetition of that original notarial act or
to make a copy of the matter addressed by that original notarial act.
(b) Travel expenses and fees. — A notary public may charge 19
cents per mile, or a higher amount set by regulation of the Secretary of
State, and a fee not to exceed $5, as compensation for travel required for
the performance of a notarial act.30
§ 18-113. Procedure in absence of notarial certificate.
(a) In general. — If a document presented for notarization does not
contain a notarial certificate reflecting the taking of an oath or
acknowledgment, a notary may nevertheless witness the signing of the
document in the notary’s official capacity, in accordance with subsection
(b) of this section.
(b) Witnessing requirements. — A notary acting as a witness in the
notary’s official capacity under subsection (a) of this section shall:
(1) obtain satisfactory proof of the identity of the person signing
the document;
(2) observe the signing of the document;
(3) date, sign, and seal or stamp the document; and
(4) record the act in the notary’s fair register.
§ 18-114. Public information.
(a) In general. — Subject to § 10-617(j) of this article, the Secretary
of State may provide lists of public information in its records to those
persons who request them if the Secretary of State approves of the
purpose for which the information is requested.
(b) Fees. — (1) The Secretary of State shall charge a reasonable fee,
not less than the cost of preparing the list, for any list furnished under
this section.
(2) The Secretary of State may charge a reduced fee to persons
requesting a list for governmental or not-for-profit purposes.
(c) Limited purpose. — A person furnished any information under
this section may not distribute or otherwise use the information for any
purpose other than that for which it was furnished.
(d) Restriction in disclosing for telephone solicitations. — The
Secretary of State may not disclose information under this section for use
in telephone solicitations as defined in § 10-611(h) of this article.31
Code of Maryland Regulations
Title 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
Chapter 08 Notary Public Fees
Authority: State Government Article, §§18-103 and 18-112,
Annotated Code of Maryland
.01 Definitions.
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) “Acknowledgment” means a declaration by an individual that
he or she has executed an instrument for the purposes stated therein
and, if the instrument is executed in a representative capacity, that
the individual signed the instrument with proper authority, and
executed it as the act of the person or entity represented and
identified therein.
(2) “Affirmation” means a solemn statement of truth, made
under penalty of perjury before a notary public.
(3) “Notarial act” means any act that a notary public of this State
is authorized to perform, and includes taking an acknowledgment,
administering an oath or affirmation, acting as an official witness to
the execution of a document, and noting a protest of a negotiable
instrument.
(4) “Notarize” means to perform a notarial act with respect to a
document.
(5) “Notarization” means the act of notarizing.
(6) “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.
(7) “Original notarial act” means the completion of a single
notarial act involving one document.
.02 Original Notarial Acts for Documents.
A. Acknowledgment. To take an acknowledgment, a notary shall:32
(1) Obtain satisfactory proof of identity of the individual signing
the document;
(2) Observe the signing of the document;
(3) Take the spoken statement of the individual signing the
document that the document is the individual’s free act and deed;
(4) Complete and sign the notary certification of the document;
(5) Apply the notary seal to the document;
(6) Note the date the notary’s commission expires on the
document; and
(7) Record the notarization in the notary’s register of official acts.
B. Oath or Affirmation. To take an individual’s oath or affirmation,
a notary shall:
(1) Obtain satisfactory proof of the identity of the individual
signing the document;
(2) Observe the signing of the document;
(3) Take the individual’s spoken statement that the individual
swears or affirms, under penalty of perjury, that the contents of the
document are true, either on the individual’s personal knowledge, or
to the best of the individual’s knowledge, information, and belief;
(4) Complete and sign the notary certification on the document;
(5) Apply the notary seal to the document;
(6) Note the date the notary’s commission expires on the
document; and
(7) Record the notarization in the notary’s register of official acts.
C. Notary as Official Witness. To act as an official witness, a
notary shall:
(1) Obtain satisfactory proof of the identity of the individual
signing the document;
(2) Observe the signing of the document;
(3) Date, sign, and seal or stamp the document;
(4) Note the date the notary’s commission expires on the
document; and
(5) Record the notarization in the notary’s register of official acts.
.03 Fees.
A. A notary public may demand and receive a fee of $2 for the
performance of an original notarial act.33
B. When a notary public is requested to notarize more than one
copy of the same document, where the copy or copies have been
signed at the same time by the same person or persons, the notary
may demand and receive $2 for notarizing each signature on the
original or first copy of the document, and may demand and receive
$1 for each signature on each additional copy of the same document.
C. When a notary public is requested to make reproductions of a
notarized document or an entry in the notary’s register of official acts
by photocopying or other means, the notary may demand and receive
not more than $1 for each copy furnished.
D. A notary public may demand and receive reimbursement at the
rate of 31 cents per mile and a fee not to exceed $5 for travel required
for the performance of a notarial act.
E. A notary public may charge $2 for certifying a copy of a record in
the notary’s register of official acts.
.04 Processing Fee.
Each application for an original or renewal appointment as a
notary public shall be accompanied by a processing fee of $20, payable
to the Secretary of State.34
CLERKS OF THE CIRCUIT COURT IN MARYLAND
Clerk of the Circuit Court
Allegany County
30 Washington Street
Courthouse
Cumberland, MD 21502
301.777.5922
Clerk of the Circuit Court
Cecil County
License Department
129 East Main Street
Elkton, MD 21921
410.996.5375
Clerk of the Circuit Court
Anne Arundel County
License Department
Courthouse
Church Circle
Annapolis, MD 21401
410.222.1434
Clerk of the Circuit Court
Charles County
License Department
P.O. Box 970
La Plata, MD 20646
301.932.3242
Clerk of the Circuit Court
Baltimore City
100 N. Calvert Street
Mitchell Courthouse
Baltimore, MD 21202
410.333.3760
Clerk of the Circuit Court
Dorchester County
License Department
P.O. Box 150
Cambridge, MD 21613
410.228.0480
Clerk of the Circuit Court
Baltimore County
License Department
P.O. Box 5754
Towson, MD 21285
410.887.2607
Clerk of the Circuit Court
Frederick County
Courthouse
100 W. Patrick Street
Frederick, MD 21702
301.600.1960
Clerk of the Circuit Court
Calvert County
175 Main Street
Prince Frederick, MD
20678
410.535.1660
Clerk of the Circuit Court
Garrett County
License Department
Courthouse
Oakland, MD 21550
301.334.1937
Clerk of the Circuit Court
Caroline County
License Department
P.O. Box 458
Denton, MD 21629
410.479.1811
Clerk of the Circuit Court
Harford County
License Department
20 W. Courtland Street
Bel Air, MD 21014
410.638.324535
CLERKS OF THE CIRCUIT COURT IN MARYLAND
(continued)
Clerk of the Circuit Court
Carroll County
55 N. Court Street
Westminster, MD 21157
410.386.2022
Clerk of the Circuit Court
Howard County
License Department
9250 Benoix Road
Columbia, MD 21045
410.313.5850
Clerk of the Circuit Court
Kent County Courthouse
License Department
103 N. Cross Street
Chestertown, MD 21620
410.778.7460
Clerk of the Circuit Court
St. Mary’s County
License Department
P.O. Box 676
Leonardtown, MD 20640
301.475.4554
Clerk of the Circuit Court
Montgomery County
License Department
Room 111
Rockville, MD 20850
240.777.9460
Clerk of the Circuit Court
Talbot County
License Department
P.O. Box 723
Easton, MD 21601
410.822.2611
Clerk of the Circuit Court
Prince George’s County
License Department
Courthouse
Upper Marlboro, MD 20772
301.952.3331
Clerk of the Circuit Court
Washington County
Licensing Department
24 Summit Avenue
Hagerstown, MD 21740
301.733.8660
Clerk of the Circuit Court
Queen Anne’s County
License Department
100 Courthouse Square
Centreville, MD 21617
410.758.1773
Clerk of the Circuit Court
Wicomico County Courthouse
License Department
P.O. Box 198
Salisbury, MD 21803
410.543.1427
Clerk of the Circuit Court
Somerset County
License Department
Courthouse
Princess Anne, MD 21853
410.845.4840
Clerk of the Circuit Court
Worcester County Courthouse
License Department
P.O. Box 40
Snow Hill, MD 21863
410.632.550036
LOCAL ELECTION BOARDS
COUNTY PHONE
Allegany County …………………………………………. 301.777.5932
Anne Arundel County………………………………….. 410.222.6600
Baltimore City…………………………………………….. 410.396.5550
Baltimore County………………………………………… 410.887.5700
Calvert County……………………………………………. 410.535.2214
Caroline County………………………………………….. 410.479.8145
Carroll County…………………………………………….. 410.386.2080
Cecil County……………………………………………….. 410.996.5311
Charles County……………………………………………. 301.934.8972
Dorchester County ………………………………………. 410.228.2560
Frederick County…………………………………………. 301.600.8683
Garrett County…………………………………………….. 301.334.6985
Harford County …………………………………………… 410.638.3564
Howard County…………………………………………… 410.313.5820
Kent County……………………………………………….. 410.778.0038
Montgomery County……………………………………. 240.777.8500
Prince George’s County……………………………….. 301.952.3270
Queen Anne’s County………………………………….. 410.758.0832
St. Mary’s County……………………………………….. 301.475.7844
Somerset County…………………………………………. 410.651.0767
Talbot County……………………………………………… 410.770.8099
Washington County……………………………………… 240.313.2050
Wicomico County ……………………………………….. 410.548.4830
Worcester County ………………………………………… 410.632.132037
INDEX
Acknowledgment…………………..28, 29
Corporation ……………..4, 5, 17, 29
Individual..1, 15, 24, 25, 29, 31, 32
Address change…………………………….2
Administrator……………………………..16
Advertise……………………………………..3
Affidavit……………………………….10, 11
Affirmation……….6, 7, 9—14, 18—21
Application ……………1, 2, 24—26, 33
Appointment…………..1, 2, 24—26, 33
Attorney General ………………………….6
Certificate ………….2, 4, 7—9, 11—13,
………………………….15, 17—21, 27, 30
Certificate of Protest………………..6, 20
Certified Copy ………………………17, 28
Charges………………………..(See “Fee”)
Circuit Courts……………1, 2, 25, 34, 35
Clerk of the Circuit Courts…….1, 2, 25
Commission…1, 2, 4, 6, 9, 24—26, 28
Consul……………………………………….20
Corporate Officer……………..15, 17, 19
Corporation……………………4, 5, 17, 29
Criminal Penalties………………..5, 7, 23
Declaration…………………..3, 21, 28, 31
Deed, Deeds of Trust…5, 7, 18, 19, 23
Deposition…………………………7, 13, 14
District of Columbia ………………..4, 20
Election Boards…………………………..38
Executor……………………………….16, 19
Expiration Date………………2, 8, 26, 28
Fair register…………4, 7, 17, 18, 28, 30
Fees……………………22, 24—26, 29, 30
Certified copy……………………….17
COMAR……………………….31—33
Commissioning ………………………2
Name change………………………2, 3
Public Information…………………30
Registration/Processing………..1, 2
Fines………………………………………….23
Governor…………………………1, 23—27
Guardian ……………………………………16
Investigation of facts……………………18
Jurisdiction……………………………1, 2, 8
Legal Advice…………………………….5, 7
Maiden name ……………………………….3
Misconduct ………………………………..23
Mortgage(s)………………5, 7, 15, 18, 19
Name change ……………………………….2
Notarial act………4, 21, 22, 29, 31—33
Notarization ……………….9, 21, 30—32
Notarize………………..4, 21, 22, 31—33
Notary as official witness …………9, 32
Notification of appointment……………1
Oath……….2, 3, 5—14, 21, 27, 30—32
Oral Testimony……………………..13, 14
Original Notarial Act..21, 22, 29, 31, 32
Penalties……………………………….21, 23
Perjury/Perjurer……10—19, 21, 31, 32
Personal involvement…………………….4
Photocopying………………………..22, 33
Powers………………………………….3, 4, 6
Protest…………4—7, 20, 21, 28, 29, 31
Real estate…………………………….5, 6, 7
Records………………………………6, 7, 30
Refusal to issue…………………………….1
Removal………………………….23, 26, 27
Satisfactory proof………..9, 14, 30—32
Seal ………………………………….3, 4, 8, 9
Secretary of State………….1, 2, 23—33
Shorthand…………………………………..13
State officer………………………………3, 6
Tape recording……………………………13
Term…………………………………2, 24, 25
Travel expense…………………22, 29, 33
Trustee ………………………………………16
Vice consul………………………………..20
Video taping……………………………….13
Witness …………..3, 6—10, 21, 30—32