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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in Maryland?

Yes, a notary public in the State of Maryland must maintain a notary journal.

Journal format

Paper/hardbound or electronic journal acceptable

“A journal may be created on a tangible medium or in an electronic format” (ACM St. Gov’t 18-219[b][1]).

  • Tangible Journal: “If the journal is maintained on a tangible medium, the journal must be a permanent, bound register with numbered pages” (ACM St. Gov’t 18-219[b][3][i]).

  • Electronic Journal: “If the journal is maintained in an electronic format, the journal must be in a permanent, tamper-evident electronic format that complies with any regulations adopted by the Secretary of State under [ACM St. Gov’t] § 18-222 of this subtitle” (ACM St. Gov’t 18-219[b][3][ii]).

Journal entry requirements

Each journal entry must include (ACM St. Gov’t 18-219[c][2]):

  • Date and time the notarial act was performed;

  • Description of the record, if any;

  • Type of notarial act;

  • Full name and address of each individual for whom the notarial act is performed;

  • If the identity of the individual is based on personal knowledge, a statement to that effect;

  • If the identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential, and according to the the “Handbook for Maryland Notaries Public,” the identification number associated with the credential;

  • Fee, if any, charged; and

  • Indication of whether an individual making a statement or executing a signature which is the subject of the notarial act appeared in the Notary’s physical presence or by means of communication technology.

Journal retention

10 years

“The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal” (ACM St. Gov’t 18-219[a][2]).

What happens to the journal upon resignation or death?

  • “Subject to subsection (f) of this section, on resignation from, or the revocation or suspension of, a notary public’s commission, the notary public shall: ”(1) retain the notary public’s journal in accordance with subsection (a) of this section; and ”(2) inform the Secretary of State where the journal is located” (ACM St. Gov’t 18-219[e]).

  • “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall: 

  1. (1) transmit it to a repository approved by the Secretary of State; or 

  2. (2) store the journal in any other manner as required or approved by the Secretary of State in regulations” (ACM St. Gov’t 18-219[g]).

  • “Instead of retaining a journal as required under subsection (a) or (e) of this section, a current or former notary public may: ”(1) transmit the journal to a repository approved by the Secretary of State; or ”(2) store the journal in any other manner as approved by the Secretary of State in regulations” (ACM St. Gov’t 18-219[f]).

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Maryland?

Yes, notaries in the State of Maryland are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes

What is the retention period for RON recordings?

10 years

“Unless a different period is required by regulations adopted under [ACM St. Gov’t] § 18-222 of this subtitle, an audio-visual recording created under subsection (a)(3) of this section shall be retained for a period of at least 10 years after the recording is made” (ACM St. Gov’t 18-214[d][3]).

RON recordings upon death

“A notary public, a guardian, a conservator, or an agent of a notary public or a personal representative of a deceased notary public shall:

  • (i) retain the audio-visual recording created under subsection (a)(3) of this section; or

  • (ii) cause the audio-visual recording to be retained by a repository designated by or on behalf of the person required to retain the recording” (ACM St. Gov’t 18-214[d][1]).

 

“A guardian, a conservator, or an agent of a notary public or personal representative of a deceased notary public who assumes authority over audio-visual recordings created under subsection (a)(3) of this section shall:

  • (i) notify the Secretary of State within 30 days after assuming authority; and 

  • (ii) comply with all requirements in this subtitle regarding the maintenance and storage of the audio-visual recordings” (ACM St. Gov’t 18-214[d][2]).

Reference Links

Helpful resources for Maryland Notaries

  1. Maryland Notary FAQs from the Secretary of State

  2. Title 18, Annotated Code of Maryland

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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