SOS - Notary - FAQ - Maryland Secretary of State

To be appointed as a notary public, an individual must:

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1. be at least 18 years old;
2. be of good moral character and integrity;
3. be a resident of the state; or have a place of employment or practice in the State;
4. if living in the State, must be appointed by the senator representing the district in which you live; and 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; and
5. effective October 1, : all new notary applicants, must complete a Course of Study and pass an examination; all renewal applicants, must complete a Course of Study and pass an examination.

1. Legislative district where you reside.Legislative district where you reside. You can find it here: www.mdelect.net. At this link, you will enter your address on the left hand side of the page. Your State Senator and District Number can be found on the left next to “State Senate” (found above the State Delegate(s) information).
2. Copy of Driver’s License or other valid government issued ID.
3. MVA Change of Address Card. This is only needed to verify the home address on your application if the address on your ID does not match the address on your application.
4. Contact information for 3 references (name, address, number, ).
5. Copy of the certificate of completion of the course of study.
6. Copy of the certificate of passing the examination​.​

If you live outside of the State but work in the State, you should select the County in Maryland in which your place of employment or practice is located.

If you do not have a physical work address in Maryland, you will want to select the County in Maryland in which you most regularly work. If you do not have a physical work address in Maryland, you will also need to provide a written explanation of what it is that you do that qualifies as working in Maryland.

How to submit proof of working in Maryland?

If you submit an application with an out-of-state address for both your home and work addresses, you will be sent an asking you to provide proof of working in Maryland. Send a reply providing proof that you work in the State of Maryland, such as a contract, bill, or other document showing that you provide services while at a location in the State.

If your Senator has opted-out of reviewing notary applications, the Secretary of State reviews the application. It usually takes 2-3 business days for a determination to be made on an application. The most frequent reasons it takes longer than that are: 1.) References do not respond, and 2.) The application is missing information and we have not received a response from the applicant with the information needed to complete the application.

If your Senator reviews notary applications, it is up to the Senator on how long it will take to make a determination on an application. It usually takes between 2 and 8 weeks; you should check in on the status of your application at least once every two weeks. To check the status of your application, click here: https://mdsos2.my.site. com​, then click “Check Status of a Submitted Application.”

You will be sent an to the personal address that is provided on your application. This will include instructions on what happens next. You will be directed to appear at the Clerk of the Circuit Court in the County in which you reside (if you reside out-of-state, you will be directed to the County that you select, most likely the County in which you work). When you appear before the Clerk of the Court, you will take your oath of office an d receive your Notary Public commission. There is an $11.00 fee for this action, separate from the application fee paid to the Secretary of State.

​No. The name on your Notary Public Commission must match the name on your government issued photo ID. If your name is Jonathan James Smith, the following names would be acceptable:
1. Jonathan James Smith
2. Jonathan J. Smith
3. Johnathan Smith
4. J. James Smith
5. J. J. Smith

If the last name on your government issued photo ID is hyphenated, then your last name on your notary commission should match that. Nicknames cannot be used. Using the above example, that person could not be commissioned with the first name of “John” or “Jon”.

​You may complete a name change online at:https://mdsos2.my.site. com​. Once there, click on “Update Your Notary Information”. You will update your name. Be sure the name matches how you want it to appear on your notary commission. You may choose one of the following:

Have a commission issued with your new name on it. This commission will be issued to the Clerk of the Court in the County in which you reside. This commission for your name change will expire on the same date of your current commission. You do not receive a new four year commission when changing your name. It will cost $6 to have the Secretary of State issue the commission under your new name. You will have to pay the Clerk of the Court $11 to be sworn in under this new name. You will need to get a new notary seal with your new name on it if you are commissioned under your new name.

Update your profile but do not request that we issue a commission with your new name on it. This means that you will complete your current commission as a Notary Public under the name by which you were originally commissioned. You will not need to pay a fee to the Secretary of State to update your profile and you will not need to pay a fee to appear at the Clerk of the Court to receive a commission with your new name on it. Also, you will continue using your notary seal with your old name for the duration of the commission. If you renew after this commission expires, you’ll be required to be commissioned under your new legal name.

​No. Changing your address does not require you to appear before the Clerk of the Court to be sworn in again.

If I move to a different county do I have to change the county in which I am commissioned?
No. Changing your address does not require you to appear before the Clerk of the Court to be sworn in again.

If you renew your commission, the county in which you are commissioned will change at that time. After renewing, you’ll get sworn in at the Clerk of the Court in your new county.

​If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian promptly shall notify the Secretary of State on discovering that the device is lost or stolen. Notify the Secretary of State via at . Your should provide the name by which you are commissioned, your address, the county in which you are commissioned, and the date on which your commission was lost or stolen. If your commission was stolen and you made a police report, you may attach a copy of that police report or provide the police report number and police department to which you made the report.

​A notary may not perform a notarial act with respect to a record to which the notary or the spouse of the notary is a party, or in which either the notary or the spouse of the notary has a direct beneficial interest. This action is in violation of State Government Article, §18– 203(b), Maryland Annotated Code. A notarial act performed in violation of this provision is voidable.

While the law only prevents a notary from performing a notarial act in which the notary or the spouse of the notary has a direct beneficial interest, we recommend a notary to refrain from performing a notarial act:

• For all members of their immediate family even if not under a legal duty to refrain for that member of your family; and
• With regard to any matter in which the notary is personally involved, even if indirectly or where there is no beneficial interest.

There are over 80,000 notaries in Maryland; you can find a Notary Public at your bank, law office, and other local establishments that is not related to you.

​The most frequent reasons to deny a notarization is that you cannot satisfactorily identify a signer, a signer does not appear to be competent or aware, or the signer is under duress. A notary may refuse to notarize a document if the notarization would result in an illegal or improper act or the notary knows that the transaction is fraudulent. There may be other valid reasons to deny a request for notarization. If you are unsure of a situation, please do not hesitate to us at or call the Notary Division at 410-974-.

More information on proper identification, competency and awareness, and duress are discussed in Part IV of the Notary Public Handbook.

For more information, please visit Stamping Equipment Overseas Commissioning Service.

​Electronic notarizations where made legal by the passing of the Maryland Uniform Electronic Transactions Act in . Electronic notarizations still require the personal appearance of a signer before the notary. The signer must still be in the physical presence of the Notary Public when electronically affixing their signature. More information about electronic notarizations can be found in Part IX of the Notary Public Handbook.

Remote (or Remote Online) Notarizations became legal in Maryland effective 10/1/. Remote notarizations allow someone to appear before the notary using communication technology rather than in their physical presence as is currently required under Maryland law. Specific technology is required to perform a remote notarization. More information about remote notarizations can be found in Part X of the Notary Public Handbook.

​Yes. While you should not make edits to the body of the document or a certificate that is pre-printed on a document, correcting an error for the state and county listed on the notary certificate is acceptable. The certificate should always list Maryland for the state. The county entered on a notarial certificate should be the county in which you are located at the time of the notarization (not the county in which you are commissioned unless that also happens to be where you are notarizing).

More information on affixing and properly completing notarial certificates can be found in Parts VII and VIII of the Notary Public Handbook.

​Effective October 1, , the law requires that a certificate is completed for each and every notarial act. If a certificate is not included on the record being notarized, a notarial officer will be required to affix a certificate in a manner addressed below. A different type of notarial certificate is required for each type of notarial act. Examples of those certificates are included in Part VIII of the Handbook, where each type of notarial act is addressed. You will need to know what is being asked of you by the person requesting the notarial act in order to affix the correct notarial certificate. Additional information about notarial certificates can be found in Part VII and Part VIII of the Notary Public Handbook.

Effective 1/22/, the Code of Maryland Regulations 01.02.08.02 allows a notary public to charge the following fees:

A. A notary public may demand and receive a fee of no more than the following for the performance of an original notarial act:    (1) $8 for the performance of a notarial act; or    (2) $30 for the performance of a remote notarial act.
B. When a notary public is requested to notarize more than one copy of the same record, where the copy or copies have been signed at the same time by the same person or persons, the notary may demand and receive $8 for notarizing each signature on the original or first copy of the record, and may demand and receive $4 for each signature on each additional copy of the same record.

C. When a notary public is requested to make reproductions of a notarized record or an entry in the notary’s journal by photocopying or other means, the notary may demand and receive not more than $2 for each copy furnished.

D. A notary public may demand and receive reimbursement at the prevailing rate for mileage established by the Internal Revenue Service for business travel and a fee not to exceed $5 for travel if required for the performance of a notarial act.

E. A notary public may charge $6 for certifying a copy of a record in the notary’s journal.​

If a notary’s seal is lost or stolen, he or she need to contact the Office of the Secretary of State in writing explaining the situation. The Office will make a notation in their record and also issue the notary a new commission number.

A stamp with the new commission number should be purchased and used from that point forward.

Complaints against an Arkansas notary will need to be made in writing and sent to the Secretary of State’s Legal Division. The letter must be original and contain the signature of the person filing the complaint. A copy of the document containing the notarization in question should be included with the written complaint.

If somebody wishes to have a notary investigated for criminal matters such as forgery or fraud, he or she will need to contact an attorney and pursue those types of complaints through the judicial system.

In some situations. If you have familiarity with the signature, (for example, if you have seen it many times before and know it is genuine) you may notarize that document. This document must still be presented to the notary by the signer of the document. A wife cannot bring her husband’s signature to you to notarize without him present. However, if you do not have a prior relationship to that signature, the signer will need to sign the document again in your presence and only the signature performed in your presence is eligible to be notarized.

First, you will need to take both certificates and your original bond to the Recorder of Deeds in your county of commission. Most often, the Recorder of Deeds is your Circuit Clerk. Second, the Recorder of Deeds will swear your oath of office and sign both certificates. You will then file one completed certificate and your original bond with the Recorder of Deeds. Third, you will return one completed certificate to the Secretary of State’s BCS office. When your certificate has been processed by the Secretary of State, you will receive the oath back along with your notary public identification card and commission certificate and be placed into “good standing.” Lastly, you may then purchase your stamp and begin notarizing.

There are many reasons why an application may be rejected. Here are some of the most common reasons:

i.An outdated paper application is submitted instead of one completed using the notary management system. Applications completed through the notary management system will have a barcode at the top which indicates the notary successfully passed the required exam.

ii. The name of the applicant on the application is not the exact same name that is on the bond. If you list your middle name or middle initial on your bond, that exact same name must be used on the application. You may use any variant of your legal name. Example: If your name is Jane Ann Doe and you put that name on your bond, you cannot list only Jane Doe or Jane Doe on your application.

iii. The name the applicant signs on the application is not the exact same name that is printed on the bond and application. Example: Jane Doe is the printed name on the bond and application, but the applicant only signs J. Doe.

iv. The application is not properly notarized.

1. The signature of the applicant must be witnessed by a notary public. The affidavit at the bottom of the application must be correctly completed in its entirety by a notary or authorized official other than the applicant.
2. The notary who notarizes your application must be an Arkansas notary in good standing. You may check their record here: http://bcs.sos.arkansas.gov.
3. The notary must sign their name the same way as it is in their official signature – this signature will be checked against the signature we have on file. They must enter their commission expiration date even though it is on their seal.
4. The notary’s seal must meet all the requirements set forth by Arkansas notary law, including the requirement that “Arkansas” is stated on the seal. Abbreviations (“AR” or “Ark.”) are not permissible.

v. The $20 application fee is not enclosed.

vi. A copy of the surety bond is not enclosed.

vii. A physical residential street address must be entered on the application. Please note that Arkansas residents are commissioned as an individual by their home
address. An employer’s address should not be listed as the notary’s commission address. For out-of-state notaries, you must list your physical residential address in your home state as well as your employer’s physical address in Arkansas.

viii. The bond is issued for the wrong county. The county printed on your application should be the same county printed on your surety bond. Your bond is to be issued for your personal residential county if you are an Arkansas resident. Note: Even if your employer is purchasing your bond and their office is located in a different county in which you reside, you must still be bonded by your home county. If you are a resident of an adjacent state your bond must reflect the county of your Arkansas
employer.

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