Mixed Deck — All MD NOTARY Topics Flashcards

What is the maximum fee a Maryland notary may charge per individual notarial act?

Answer: $4 per act

Maryland law caps the notary fee at $4 per notarial act, a limit that applies to both traditional in-person and remote online notarizations.

May a Maryland notary charge a travel fee in addition to the statutory notarial act fee?

Answer: Yes, if both parties agree in advance

Maryland law permits a notary to charge a travel fee in addition to the notarial fee, provided the signer agrees beforehand.

Which of the following best describes Maryland's 'tangible symbol' requirement for a notarial act on a paper document?

Answer: The notary's signature and official seal must be affixed to the notarial certificate

For paper notarizations, Maryland requires the notary's signature and official seal (the 'tangible symbol') to be affixed to the notarial certificate.

Under Maryland law, what is required for a notary to use a credible witness to identify a signer?

Answer: The credible witness must be personally known to the notary and must vouch for the signer's identity under oath

Maryland allows one credible witness who is personally known to the notary to vouch for the signer's identity when the signer lacks acceptable ID.

Which state agency sets the maximum notarial fee schedule in Maryland?

Answer: The Maryland General Assembly through statute

Notarial fee limits are established by the Maryland General Assembly in the Notarial Acts statute.

What type of continuing education might Maryland notaries receive from their associations?

Answer: Both a and b

Maryland notary associations typically provide comprehensive continuing education that includes updates on state laws and regulations, ensuring notaries remain compliant. Additionally, they often offer training on advanced notarial techniques, helping notaries handle complex situations and enhance their professional skills. Therefore, both updates on laws and advanced techniques are common offerings.

When notarizing a deed of trust or mortgage in Maryland, what additional information must the notary include on the notarial certificate?

Answer: The legal description of the property

When notarizing a deed of trust or mortgage in Maryland, the notarial certificate must include the legal description of the property. This ensures that the document clearly and unambiguously identifies the specific real estate involved in the transaction. Including this detail is crucial for proper recordation and to prevent any confusion regarding the property being encumbered or transferred.

What does Maryland law require a notary to do if they cannot communicate with a signer due to a language barrier?

Answer: Decline to perform the notarial act or use a qualified interpreter

If communication is not possible, the notary should decline or arrange a qualified, impartial interpreter to ensure the signer understands the transaction.

When may a Maryland notary certify a copy of a vital record such as a birth certificate?

Answer: A Maryland notary may NOT certify copies of vital records; these must come from the official custodian

Vital records are official records whose certified copies must come from the designated government custodian; notaries cannot certify them.

How can Maryland notaries stay informed about changes in notarial laws and practices?

Answer: All of the above

Maryland notaries can effectively stay informed about changes in notarial laws and practices through a combination of resources. Attending workshops and seminars provides direct instruction and networking opportunities, while reading notary association newsletters offers curated updates. Participating in online notary forums also allows for peer-to-peer learning and discussion of current issues, making all these avenues valuable for continuous education.

Throughout which geographic area is a Maryland notary commission valid?

Answer: The entire state of Maryland

A Maryland notary commission is valid throughout the entire state, regardless of the county in which the notary lives or works.

Can a Maryland notary use their seal on documents that have not been personally signed in their presence?

Answer: No, the notary must witness the signature

A Maryland notary cannot use their seal on documents that have not been personally signed in their presence. A fundamental duty of a notary is to witness the signer affixing their signature to the document. This personal presence requirement ensures the identity of the signer and the integrity of the notarial act, preventing fraudulent use of the notary's seal.

Can a signer be located outside of Maryland during a Remote Online Notarization performed by a Maryland notary?

Answer: Yes, the signer may be located anywhere

During a RON the Maryland notary must be in Maryland, but the signer may be located anywhere — in another state or even another country.

Which of the following best describes the record a Maryland electronic notary must make for each RON session?

Answer: An electronic journal entry including an audio-visual recording reference

Maryland e-notaries must create an electronic journal entry and retain a reference to the audio-visual recording for each RON session.

What must a Maryland notary verify before completing an acknowledgment certificate?

Answer: The identity of the signer using satisfactory evidence of identity

Before completing any notarial certificate, the notary must confirm the signer's identity through acceptable identification.

Which statement about Maryland notaries and the practice of law is TRUE?

Answer: A non-attorney notary commits the unauthorized practice of law if they select the type of notarial act needed for a client

Advising a client on which notarial act their document legally requires constitutes legal advice and is the unauthorized practice of law for non-attorneys.

Which of the following is a permissible reason for a Maryland notary to charge a higher-than-standard fee?

Answer: There is no permissible reason; the statutory fee cap is a maximum that cannot be exceeded regardless of circumstances

Maryland's statutory fee cap is an absolute maximum; no circumstance permits a notary to charge more than the law allows per notarial act.

In what shape must a Maryland notary's official stamp or seal be?

Answer: Any shape that clearly reproduces legibly

Maryland law does not restrict the shape of the notary seal; any shape that produces a legible impression is acceptable.

Which category of notarial acts is a Maryland notary PROHIBITED from charging a fee for?

Answer: Notarizations for active duty military personnel under certain federal law

Under the Servicemembers Civil Relief Act, certain notarial acts for active duty military members must be performed without charge.

A Maryland notary's commission expires. What happens to the notary's journal records?

Answer: The notary must continue to safeguard the journal per retention requirements

Even after commission expiration, the notary remains responsible for maintaining and safeguarding journal records for the required retention period.