§1916. Certificate of notarial act
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 7/01/23)
1. Certificate required. A notarial act must be evidenced by a certificate. The certificate must:
A. Be executed contemporaneously with the performance of the notarial act; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
B. Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
C. Identify the jurisdiction in which the notarial act is performed; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
D. Contain the title of office of the notarial officer; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
E. If the notarial officer is a notary public, indicate the date of expiration of the officer's commission; and [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
F. Contain the legibly printed or typed name of the notarial officer. [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
2. Stamp required. If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection 1, paragraphs B, C and D, an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection 1, paragraphs B, C and D, an official stamp may be attached to or logically associated with the certificate.
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
3. Sufficiency of certificate. A certificate of a notarial act is sufficient if it meets the requirements of subsections 1 and 2 and:
A. Is in a short form set forth in section 1917; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
B. Is in a form otherwise permitted by the laws of this State; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
C. Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
D. Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 1905, 1906 and 1907 or a law of this State other than this chapter. [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
4. Execution of certificate certifies compliance. By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in sections 1904, 1905 and 1906.
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
5. Notarial act to precede signature. A notarial officer may not affix the officer's signature to, or logically associate it with, a certificate until the notarial act has been performed.
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
6. Certificate to be attached. If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the Secretary of State has established standards by rule pursuant to section 1928 for attaching, affixing or logically associating the certificate, the process must conform to the standards.
[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
SECTION HISTORY
PL 2021, c. 651, Pt. A, §4 (NEW). PL 2021, c. 651, Pt. A, §8 (AFF).
Structure Maine Revised Statutes
Chapter 39: REVISED UNIFORM LAW ON NOTARIAL ACTS (WHOLE CHAPTER TEXT EFFECTIVE 7/01/23)
4 §1901. Short title (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1902. Definitions (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1903. Applicability (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1904. Authority to perform notarial act (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1905. Requirements for certain notarial acts (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1906. Personal appearance required (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1907. Identification of individual (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1908. Authority to refuse to perform notarial act (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1909. Signature if individual unable to sign (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1910. Notarial act in this State (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1911. Notarial act in another state (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1913. Notarial act under federal authority (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1914. Foreign notarial act (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1916. Certificate of notarial act (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1917. Short form certificates (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1918. Official stamp (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1919. Stamping device (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1920. Journal (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1923. Examination of notary public (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1925. Database of notaries public (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1926. Prohibited acts (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1927. Validity of notarial acts (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1928. Rules (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1929. Notary public commission in effect (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1930. Savings clause (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1931. Uniformity of application and construction (WHOLE SECTION TEXT EFFECTIVE 7/01/23)
4 §1933. Effective date (WHOLE SECTION TEXT EFFECTIVE 7/01/23)