Maryland Code, STATE GOVERNMENT 18-219
Terms Used In Maryland Code, STATE GOVERNMENT 18-219
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Personal representative: includes an administrator and an executor. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) The notary public shall retain the journal for 10 years after the performance of the last notarial act chronicled in the journal.
(b) (1) A journal may be created on a tangible medium or in an electronic format.
(2) A notary public shall maintain only one journal at a time to chronicle all notarial acts performed regarding tangible records, and one or more journals to chronicle all notarial acts performed regarding electronic records.
(3) (i) If the journal is maintained on a tangible medium, the journal must be a permanent, bound register with numbered pages.
(ii) 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 § 18-222 of this subtitle.
(c) Each entry in a journal shall:
(1) be made contemporaneously with performance of the notarial act; and
(2) contain the following information:
(i) the date and time the notarial act was performed;
(ii) a description of the record, if any, and type of notarial act;
(iii) the full name and address of each individual for whom the notarial act is performed;
(iv) if the identity of the individual is based on personal knowledge, a statement to that effect;
(v) 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;
(vi) the fee, if any, charged by the notary public; and
(vii) an indication of whether an individual making a statement or executing a signature which is the subject of the notarial act appeared in the notary public’s physical presence or by means of communication technology.
(d) If a notary public’s journal is lost or stolen, the notary public promptly shall notify the Secretary of State on discovering that the journal is lost or stolen.
(e) 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.
(f) 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.
(g) 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) transmit it to a repository approved by the Secretary of State; or
(2) store the journal in any other manner as required or approved by the Secretary of State in regulations.