Notary Rules in Maryland
The state of Maryland allows for a notary public (also referred to as public notaries, or notaries) to serve the state's citizenry by supervising the sworn signatures on official documents. The use of a notary is often required whenever people sign a deed, power of attorney, loan or other official documents. In Maryland, these officials must be registered with the state, and can perform a wide range of duties.
Requirements
Anyone can apply to be a licensed public notary in Maryland as long as they meet the state requirements. These are that they must be at least 18 years old; must be of a good character, integrity and abilities; and that they must live or work in the state of Maryland. The application must be sent to the Secretary of State and include a $10 application fee. Notaries are strongly encouraged to obtain a Notary Public Handbook, which outlines the proper procedures.
Duties and Powers
A Maryland notary is given a range of powers. Once commissioned, notaries can serve as a public notary for and notarize documents anywhere in the state. All notaries have a duty to insist on proof of the identity of anyone requesting to use a notary. Notaries cannot notarize a signature for a person who has not appeared before them in person. Notaries cannot act as an attorney (unless they are one), which means they cannot prepare legal documents, give legal advice or represent a person in court. On each document sought to be notarized, the notary must include his name, signature, his notary seal and notarization date, and the date of expiration of his notary license must be included in the notarization. The notary's seal must also contain the name of the notary and the county in which he was commissioned. It must clearly state "Notary Public" on it.
Oaths and Affirmations
Public notaries can also certify a person's giving of an oath. In Maryland, oaths and affirmations are given in two basic categories: oaths to the truth of an existing fact, or an oath relating to a promise to perform a certain act. Maryland allows for both oaths, which are sworn in accordance to a person's religious beliefs or beliefs in a deity or higher power; and affirmations, which are solemn statements of veracity not based on any religious beliefs or appeals. Whenever an oath or affirmation is notarized, the notary usually makes the person affirming raise her hand and recognize the solemnity of her affirmation, and then have her verbally affirm or swear to the veracity of her statements and signature.
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