MD Notary MD Notary Signature Witnessing and Special Acts 2 — Questions and Answers
Question 1: What does it mean for a Maryland notary to administer an 'affirmation'?
- A solemn, non-religious pledge that carries the same legal weight as an oath (Correct answer)
- A sworn statement made before a judge only
- A promise that is only valid in civil (non-criminal) proceedings
- A notarial act that does not require the notary's seal
Correct answer: A solemn, non-religious pledge that carries the same legal weight as an oath
An affirmation is a non-religious substitute for an oath that is legally equivalent and available to those who have religious or conscientious objections to swearing.
Question 2: A Maryland notary is asked to sign a document as both a witness and the notary. Is this permissible?
- It may be permissible if the notary is not otherwise disqualified by interest, but it raises independence concerns (Correct answer)
- It is always prohibited in Maryland
- It is always permitted if the notary is also an attorney
- It is only permitted for wills and trusts
Correct answer: It may be permissible if the notary is not otherwise disqualified by interest, but it raises independence concerns
While Maryland law does not expressly prohibit a notary from also serving as a witness, combining roles can raise questions about independence and should be avoided when possible.
Question 3: Which of the following is a 'notarial act' under Maryland law?
- Administering an oath or affirmation (Correct answer)
- Filing a document at the courthouse
- Drafting a contract on behalf of a client
- Translating a document from one language to another
Correct answer: Administering an oath or affirmation
Maryland's Notarial Acts Act defines administering oaths and affirmations as one of the core notarial acts a commissioned notary may perform.
Question 4: Under Maryland law, what is required for a notary to use a credible witness to identify a signer?
- The credible witness must be personally known to the notary and must vouch for the signer's identity under oath (Correct answer)
- The credible witness must be related to the signer
- Two credible witnesses unknown to the notary are required
- The credible witness must present government-issued ID
Correct 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.
Question 5: A Maryland notary is presented with a document already signed but the signer is no longer available. Which notarial act might be appropriate?
- Proof of execution by a subscribing witness if a qualified witness is available (Correct answer)
- An acknowledgment with the signer's representative
- A jurat with a different signatory
- No notarial act is possible without the original signer
Correct answer: Proof of execution by a subscribing witness if a qualified witness is available
Maryland law provides for proof of execution by a subscribing witness, allowing a witness to the original signing to appear and attest to the principal's signature.
Question 6: Which statement about Maryland notaries and the practice of law is TRUE?
- A non-attorney notary commits the unauthorized practice of law if they select the type of notarial act needed for a client (Correct answer)
- A notary may always advise clients on document requirements since it is part of notarial services
- A notary is exempt from unauthorized practice rules when performing notarial acts
- Only attorney-notaries may explain what a jurat or acknowledgment means
Correct 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.
MD Notary MD Notary Signature Witnessing and Special Acts 2
What does it mean for a Maryland notary to administer an 'affirmation'?