Legal Requirements and Procedures for Remote, Online, and Digital Notarizations in Maryland
Notarization plays a crucial role in legal transactions, ensuring the authenticity and integrity of documents. Traditionally, notarizations required in-person interactions between the notary public and the participants. However, with advancements in technology, Maryland has embraced remote, online, and digital notarizations. In this article, we will explore the legal requirements and procedures for these types of notarizations in the state of Maryland.
Understanding Remote Notarization
Remote notarization allows individuals to complete the notarial process from the comfort of their own space, without physically meeting the notary public. This method utilizes audio-visual technology to facilitate the interaction between the notary and the participants.
In Maryland, remote notarization is governed by the Electronic Signatures and Records Act (ESRA) and the Uniform Law on Notarial Acts (ULONA). To conduct remote notarizations, notaries must use an approved Remote Online Notarization (RON) platform that complies with Maryland’s regulations.
The Legal Requirements for Remote Notarization
Before engaging in remote notarization, notaries in Maryland must meet certain legal requirements:
- Be a commissioned notary public in the state of Maryland.
- Complete an approved training program on RON technology and procedures.
- Obtain a surety bond of at least $25,000.
- Register with the Secretary of State as a Remote Online Notary.
Interactive Audio-Visual Technology
During the remote notarization process, the notary and the participant must communicate using interactive audio-visual technology. This technology enables real-time, two-way communication where the notary can see and hear the participant, and vice versa. Examples of acceptable technology include video conferencing platforms like Zoom or WebEx.
Identity Verification
Verifying the identity of the participant is a crucial aspect of remote notarization. The notary must use at least two identity verification methods, such as:
- Personal knowledge of the participant.
- Government-issued identification cards.
- Identity proofing services.
Recordkeeping and Certification
After completing a remote notarization, the notary is required to keep an electronic journal of all remote notarial acts for at least 10 years. The journal must include information such as the date and time of the notarial act, the participant’s name, and the type of document notarized. Additionally, the notary must affix an electronic seal to the document to certify its authenticity.
Online and Digital Notarization in Maryland
While remote notarization involves real-time interaction, online and digital notarization procedures differ slightly. Online notarization refers to notarizing documents that do not require the physical presence of the participant but may not involve live audio-visual communication. Digital notarization, on the other hand, involves notarizing electronically signed and sealed documents.
In Maryland, the legal framework for online and digital notarization is similar to that of remote notarization. Notaries must still meet the same legal requirements and follow appropriate identity verification procedures. However, the specific technology and platforms used may vary, as long as they comply with the state’s regulations.
In Conclusion
Remote, online, and digital notarizations have revolutionized the way legal transactions are conducted in Maryland. By embracing technology, the state has made notarization more convenient and accessible. As a notary, it is essential to understand and comply with the legal requirements and procedures for each type of notarization. By doing so, you can ensure the integrity and validity of the documents you notarize. If you’re interested in learning more about becoming a notary or other related topics, we invite you to explore other articles on our website.
