RE: [legalxml-enotary] Notarial certificate always required??

This scenario would be covered by Arshad’s “second option” for an electronic document that was not generated with the notary standard. I think we’re okay the way we are.

Mark Ladd

Addison/One, LLC

262-498-0850

mark.ladd@addison-one.com

From: Marc L. Aronson [mailto:maronson@notary.org]
Sent: Tuesday, May 27, 2008 1:24 PM
To: legalxml-enotary@lists.oasis-open.org
Subject: [legalxml-enotary] Notarial certificate always required??

Folks:

Please see below.

I was thinking after the call about this.

Does this make a mess for Arshad?

There may be other states. Do you need more information?

Marc A.

“Is it possible that a ‘notarized document’ could contain a notary signature and perhaps commissioning information, but not contain an acknowledgment or form of jurat or the like? Isn’t there something like that in Maryland? I need chapter and verse if you have it.”

Md. STATE GOVERNMENT Code Ann. 18-113

18-113. Procedure in absence of notarial certificate

(a) In general. -- If a document presented for notarization does not contain a notarial certificate reflecting the taking of an oath or acknowledgment, a notary may nevertheless witness the signing of the document in the notary's official capacity, in accordance with subsection (b) of this section.

(b) Witnessing requirements. -- A notary acting as a witness in the notary's official capacity under subsection (a) of this section shall:

   (1) obtain satisfactory proof of the identity of the person signing the document;

   (2) observe the signing of the document;

   (3) date, sign, and seal or stamp the document; and

   (4) record the act in the notary's fair register.

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