(a) (1) The Secretary of State may adopt regulations to implement this subtitle.
(2) Regulations adopted under paragraph (1) of this subsection regarding the performance of notarial acts with respect to electronic records may not require or accord greater legal status or effect to the implementation or application of a specific technology or technical specification.
(3) Regulations adopted under paragraph (1) of this subsection regarding performance of a notarial act may:
(i) prescribe the means of performing a notarial act involving a remotely located individual using communication technology;
(ii) establish standards for communication technology, credential analysis, and identity proofing;
(iii) establish requirements or procedures to approve providers of communication technology and the processes of credential analysis and identity proofing; and
(iv) establish standards and a period of retention of an audio–visual recording created under § 18–214(a)(3) of this subtitle.
(4) Regulations adopted under paragraph (1) of this subsection may:
(i) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(ii) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self–evident;
(iii) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(iv) if the Governor has delegated authority under § 18–104(b) of this title, prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as a notary public; and
(v) include provisions to prevent fraud or mistake in the performance of notarial acts.
(b) In adopting regulations under subsection (a) of this section regarding notarial acts performed with respect to electronic records or for a remotely located individual, the Secretary of State shall consider, so far as is consistent with this subtitle:
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;
(2) standards, practices, and customs of other jurisdictions that substantially enact this subtitle; and
(3) the views of government officials and entities and other interested persons.
Structure Maryland Statutes
Subtitle 2 - Revised Uniform Law on Notarial Acts
Section 18-202 - Applicability
Section 18-203 - Performance of Notarial Act
Section 18-204 - Verification, Attestation, Certification, or Protest
Section 18-205 - Acts Relating to Statements or Signatures
Section 18-206 - Evidence of Identity of Individuals
Section 18-207 - Refusal to Perform
Section 18-208 - Inability to Sign Record
Section 18-209 - Performance of Notarial Acts
Section 18-210 - Acts Performed in Another State
Section 18-212 - Act Performed Under Federal Law
Section 18-214 - Performance of Act Using Communication Technology for Remotely Located Individual
Section 18-215 - Certification of Notarial Acts
Section 18-216 - Form of Certificates
Section 18-217 - Requirements for Official Stamp
Section 18-218 - Security of Stamping Device
Section 18-219 - Journal for Documenting Notarial Acts
Section 18-220 - Selection of Technology for Use With Electronic Records
Section 18-221 - Failure to Perform Duty or Meet Requirement; Effect on Notarial Act
Section 18-224 - Restrictions on Authority Conferred by Commission
Section 18-225 - Construction of Subtitle
Section 18-226 - Construction With Federal Electronic Signatures in Global and National Commerce Act