MD Issues Guidance for Remote Notarizations Temporarily Permitted During the COVID-19 Pandemic

On April 10, 2020, the Maryland Secretary of State issued guidance concerning the governor’s order of March 30, 2020, which temporarily suspended the in-person requirement for notarizing documents. 

The guidance provides the following list of requirements for remote notarizations:

• The notary must be in good standing;
• The notary must notify the Secretary of State of his or her intent to perform remote notarizations;
• The notary must identify the communications technology vendor to be used, and verify that the vendor allows the notary to view the person in real time and to compare the information and photos presented for consistency;
• The notary must record the remote notarization audio-visually, and retain the recording;
• The notary must note that the notarization was done remotely on the notary certification and in the notary log;
• The notary must not charge more than the statutory-maximum of $4.

The guidance also contains answers to frequently asked questions, including a non-exhaustive list of communication technology vendors that provide services for remote notarizations.  In addition, the guidance notes that in-person notarization is still permitted, provided social distancing practices are observed.  The notary must use his or her best judgment in determining whether the notarial act is essential.