There are several changes coming to Notary Law that will become effective October 1, 2021. One of the most important overall changes is that it will be a requirement that one takes a class in order to become a notary public. In addition to having to take a class, an individual must then pass a test in order to become a notary or to renew a commission. Some highlights of the new bill detail the changes and updates to remote notarizations, recordkeeping requirements, identification of a signer, competency requirements, as well as notarial act and certificate requirements. This is by no means an exhaustive list of the updates and changes that come with the new law, but this list provides a highlight of some of the significant changes that we will see moving forward.

Remote Notarizations

Under the new law, notarial acts using communication technology for a remotely located individual are authorized. However, remote notarizations can NOT be performed with respect to a will as a will is defined in Maryland’s Estates and Trusts Article.[1] Under § 18-214 of the new law, a notary public can perform a notarial act if the notary public can identify the remotely located individual in any one of three ways[2]:

Has personal knowledge of the identity of the remotely located individual;
Has satisfactory evidence of the identity of the remotely located individual by verification on oath or affirmation from a credible witness appearing before and identified by the notary public under § 18-206(b) or as a remotely located individual; or [3]
Has obtained satisfactory evidence of the identity of the remotely located individual by:
- Remote presentation of an identification credential described in § 18-206(b)[4]
- Credential analysis of the identification credential; and
- Identity proofing of the individual

More information on remote notarizations can be found in Senate Bill 0678 §§ 18-214,18-220, and 18-223. Specifically, in § 18-223 of the new law, there are outline for requirements for knowledge-based identity proofing, credential analysis of an identification credential, and using secure communications technology. [5]

Recordkeeping

A notary’s record is now referred to as a “journal” instead of the previously used term “fair register.” [6] In addition to the name change, the new law will enhance the recordkeeping requirements that were previously in place. The new law will require details of each notarial act including but not limited to:

The date and time of the notarial act
Description of the record presented for notarization
Name and address of the individuals for whom the notarial act is being performed
How the individuals were identified
And the fee charged

Further information provided by the law will state how the records must be stored, and how long the records must be stored. Records must be stored 10 years from the last entry in your journal.

ID of a signer

A notary public must satisfactorily identify the person requesting a notarial act before performing the notarial act. There are several options in identifying a signer such as[7]:

Personal knowledge
Government-issued photo identification including driver’s license, passport, consular identification or government-issued non-driver identification card
Credible witness

Competency

Under the new law, a notary public is permitted to refuse to perform a notarial act if the notary is not satisfied that the individual executing the record is competent or has the capacity to execute the record or is not satisfied that the individual’s signature is knowingly and voluntarily made. [8]

Notarial Act and Certificates

Under §§ 18-204, 18-215, and 18-216 there are six types of notarial acts performed by notaries public. Further, the new law alters requirements for performing each of the acts. The acts are as follows[9]:

Acknowledgement;
Verification on oath or affirmation of a statement;
Witness or attest to a signature;
Certify or attest a copy of record;
Certify a tangible copy of an electronic record; and
Protest of a negotiable instrument.

Each notarial act will be required to have a notarial certificate. Performance requirements for each act are found in § 18-204. Notarial certificates and the requirements and instructions on how to affix them to the act are outlined in §§ 18-215 and 18-216. [10]

Conclusion

While these five topics are certainly not an exhaustive list of changes that will come out of SB 0678, this shows some of the more significant changes that we are likely to see. This article is not intended to serve as comprehensive guidance on the new law, but instead to highlight some of the important elements of the bill. It is important that each notary public review the full set of changes to notary law as outlined in SB 0678. [11]

For more information on notary services, notarial acts, and more, please contact M.E. Roberts Law, LLC.

References

[1] MD CODE ANN. EST. & TRUSTS §§ 1-101, 14.5-103 (2019)

[2] S.B. 0678 § 18-214 (Md. 2019)

[3] Id. § 18-206

[4] Id.

[5] Id. §§ 18-214,18-220, 18-223 (Md. 2019)

[6] Id. § 18-219 (Md. 2019)

[7] Id. § 18-206 (Md. 2019)

[8] Id. § 18-207 (Md. 2019)

[9] Id. §§ 18-204, 18-215, 18-216

[10] Id.

[11] Id.

Denis M. Egidio is a second-year law student at the University of Maryland Francis King Carey School of Law and a graduate of the University of Pittsburgh. Originally from Pittsburgh, Pennsylvania, Denis now lives in Baltimore, Maryland with his fiancée and two greyhounds.