The Notarial Process

Explore the intricate world of notarization with our detailed notarial processes. Here, you'll find comprehensive insights into the essential aspects of notarization to ensure your documents are properly handled and authenticated. Our goal is to provide you with a clear understanding of what to expect and how to navigate the notarial process confidently.

What is a Notarial Act?

A notarial act is when a notary identifies (1) signer by means of government-issued identification with a photo and signature; verifies the signer's competency and awareness by direct interaction and observes that the signer is not under duress; asks the signer to take an oath or make a declaration. Then, the notary notarizes (1) notarial certificate (a.k.a. the notarial language on the document; could be seen more than once on one document) with his or her signature and commission stamp. Finally, the notary enters the signer's information into their journal. To perform (1) notarial act with (1) signer, the process could take approximately 10 to 15 mins.

Types of Notarial Acts

There are six types of notarial acts that a notary public in Maryland may perform. Those acts are as follows:

(1) Take an acknowledgment of a record;

(2) Take a verification on oath or affirmation or a statement;

(3) Witness or attest to a signature;

(4) Certify or attest a copy of a record or an item that was copied;

(5) Certify that a tangible copy of an electronic record is an accurate copy of the electronic record; and

(6) Make or note a protest of a negotiable instrument in accordance with Commercial Law Article § 3–505(b), Maryland Annotated Code.

It is a requirement that all documents notarized by a notary public contain notarial language/certificate compliant with Maryland law. If a document lacks the minimum short form notarial language the notary public must attach a loose notarial certificate or add the notarial language/certificate directly onto the document.

Notarial Certificates

Certificate Requirements

In Maryland, a requirement related to notarial certificates took effect on October 1, 2020. This change mandates that when notarizing a document, the notarial act must include a notarial certificate appropriate to the specific situation. The notarial certificate can be affixed directly onto the document with a stamp or handwritten, or a loose certificate can be attached to the document with a staple by the Notary Public.

Types of Notarial Certificates

Individual Acknowledgement

The individual acknowledgment certificate is used when an individual is signing and acknowledging on his or her own behalf.

How do you determine when your certificate is an acknowledgment?

To determine if a notarial certificate requires the Notary Public to perform a notarial act called an acknowledgment, pay attention to phrases like "acknowledged" or "acknowledges," indicating that the signer has declared they willingly and knowingly signed the document.

Sample Individual Acknowledgement Notarial Certificate

Acknowledgment Notarial Certificate
State of [The state the notarization takes place in]
County of [The county the notarization takes place in]
On this [Day] day of [Month], [Year], before me, the undersigned Notarial Officer, personally appeared [Signatory Name], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.

________________________
Signature of Notarial Officer

________________________
Title of Notarial Officer

________________________
My Commission Expiration Date

Representative acknowledgement

The representative acknowledgment certificate may be used when an individual is signing and acknowledging on behalf of another person or on behalf of a legal entity such as a corporation, partnership, trust, etc. (Resource: National Notary Association)

How do you determine when your certificate is an acknowledgment in the representative capacity?

To determine if a notarial certificate requires the Notary Public to perform an acknowledgment for a person acting in a representative capacity, look for specific phrases and clauses in the certificate. These include "as the representative of," "on behalf of," or mentions that the signer "acknowledged that they executed the same in their representative capacity." These indicators confirm that the signer is not just acting on their own behalf but is legally authorized to sign for an entity or another individual. Such certificates require the Notary Public to verify not only the identity of the signer but also their authorized capacity to act for the named party in the document.

Sample Representative Acknowledgement Notarial Certificate

Acknowledgment Notarial Certificate in the Representative Capacity
State of [State the notarization takes place in]
County of [The county the notarization takes place in]
On this [Day] day of [Month], [Year], before me, the undersigned Notary Public, personally appeared [Representative Name], as the representative of [Entity Name/Individual Name], known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that they executed the same in their representative capacity for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.

________________________
Signature of Notarial Officer

________________________
Title of Notarial Officer

________________________
My Commission Expiration Date

Verification on Oath or Affirmation of a Statement

The verification on oath or affirmation certificate may be used when an individual is signing and swearing (or affirming) that certain written statements are true.

How do you determine when your certificate is a verification on oath or affirmation?

To determine if a notarial certificate requires the Notary Public to perform a notarial act called an oath or affirmation, pay attention to phrases like "being duly sworn" or "being duly affirmed", indicating that the individual has sworn (under oath) or affirmed to the truthfulness of their statements.

Sample Verification on Oath or Affirmation of a Statement Notarial Certificate

Oath or Affirmation Notarial Certificate
State of [The state the notarization takes place in]
County of [The county the notarization takes place in]
On this [Day] day of [Month], [Year], before me, the undersigned Notarial Officer, personally appeared [Signatory Name], who, being duly sworn (or affirmed), declared that the statements made in the foregoing document are true and correct to the best of their knowledge and belief.
In witness whereof, I hereunto set my hand and official seal.

________________________
Signature of Notarial Officer

________________________
Title of Notarial Officer

________________________
My Commission Expiration Date

Copy Certification

The copy certification certificate may be used by Notaries to certify true copies of original documents — if state law so allows. The Notary must carefully compare the copy that is being certified to the original, and, whenever possible, personally make the copy. The original should not be a public record nor a publicly recordable document, such as a birth certificate or deed

How do you determine when your certificate is a copy certification?

To determine if a notarial certificate requires the Notary Public to perform a notarial act known as a copy certification, look for phrases like "declared that the attached photocopy is a true and accurate reproduction of the original document" or "certifies that this is a true copy of the original." These phrases indicate that the document being notarized is a copy and that the individual presenting it asserts its accuracy in relation to the original document. Unlike acknowledgments or oaths, copy certifications focus on verifying the authenticity of a document copy, without any sworn statement about the content's truthfulness.

Sample Copy Certification Notarial Certificate

Copy Certification Notarial Certificate
State of [The state the notarization takes place in]
County of [The county the notarization takes place in]
On this [Day] day of [Month], [Year], before me, the undersigned Notary Public, personally appeared [Signatory Name], who presented the document described herein and declared that the attached photocopy is a true and correct copy of the original document.
In witness whereof, I hereunto set my hand and official seal.

________________________
Signature of Notarial Officer

________________________
Title of Notarial Officer

________________________
My Commission Expiration Date

Signature Witnessing

Witnessing a signature may be used in circumstances where the date of the signing is of crucial importance.

How do you determine when your certificate is a signature witnessing?

To determine if a notarial certificate requires the Notary Public to perform a notarial act called signature witnessing, look for specific phrases like "personally witnessed [Signatory Name] sign the document" or "this act was performed in my presence." These phrases indicate that the notary was physically present and observed the signatory signing the document. Unlike acknowledgments, which confirm identity and willingness, or oaths and affirmations that certify truthfulness, signature witnessing focuses solely on the act of observing the signing process to ensure that it is performed by the designated individual under no duress or coercion.

Sample Signature Witnessing notarial Certificate

Signature Witnessing Notarial Certificate
State of [The state the notarization takes place in]
County of [The county the notarization takes place in]
On this [Day] day of [Month], [Year], before me, the undersigned Notarial Officer, personally witnessed [Signatory Name] sign the document presented. This act was performed in my presence, and the signatory appeared to be of sound mind and capable of making this decision freely and willingly.
In witness whereof, I hereunto set my hand and official seal.

________________________
Signature of Notarial Officer

________________________
Title of Notarial Officer

________________________
My Commission Expiration Date

Signature Attestation

An attesting a signature certificate is used to determine that the signature appearing on a document is that of the person appearing before the Notary and named in the document.

How do you determine when your certificate is a signature attesting?

To determine if a notarial certificate requires the Notary Public to perform a notarial act called signature attesting, look for phrases like "I hereby attest to the authenticity of the signature" or "based on personal knowledge or satisfactory evidence." These phrases indicate that the notary is not actually witnessing the act of signing but certifying the authenticity of the signature that has already been executed on the document based on their authority and knowledge. Unlike an acknowledgment, which confirms a signer's identity and voluntary execution of the document, or an oath/affirmation that requires verbal confirmation of truthfulness, signature attesting emphasizes the notary's role in validating the legitimacy of the signature itself.

Sample Signature Attestation Notarial Certificate

Signature Attesting Notarial Certificate
State of [The state the notarization takes place in]
County of [The county the notarization takes place in]
On this [Day] day of [Month], [Year], before me, the undersigned Notarial Officer, personally attended the signing of the document by [Signatory Name]. I hereby attest to the authenticity of the signature based on personal knowledge or satisfactory evidence. The signatory appeared to understand the nature of the document and signed it willingly in my presence.
In witness whereof, I hereunto set my hand and official seal.

________________________
Signature of Notarial Officer

________________________
Title of Notarial Officer

________________________
My Commission Expiration Date

Pursuant to State Gov't Art. §§ 18-224

A notary public is not authorized to select the notarial certificate for the signer. If the signer does not know what type of notarial certificate is needed to complete the notarization, the signer must consult with the organization that will receive the notarized document or the notary public can complete the notarial act with a certificate called Witnessing Signature.

Journal Compliance

In compliance with Maryland laws and regulations, it is mandatory for notaries to maintain a comprehensive journal of all notarial transactions. The elements that must be captured in each journal entry include:

Elements of Journal Entries

Date and Time: The precise date and time the notarial act took place.

Record Description: A detailed description of the document notarized.

Notarial Act Type: The type of notarial act performed.

Signer's Details: Full name and address of each individual for whom the notarial act was performed.

Identification Method: Whether the identity of the individual is based on personal knowledge or satisfactory evidence provided. A brief description of the method of identification (personally known to the notary or satisfactory evidence of proof of identity presented to the notary) and the identification credential presented, including the date of issuance, expiration date, and identification number (e.g., driver's license number).

Fee Details: The fee charged for the notarial act. If no fee is charged, this should be indicated.

Presence Indication: Whether the individual making the statement or executing the signature appeared in the physical presence of the notary or remotely by means of communication technology.

How to Prepare for Your Mobile Notary Appointment

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