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

[Arshad Noor <arshad.noor@strongauth.com>]

But, what type of document is this?  

According to the MD Code, the Notary verifies the identity of the signer, 
witnesses the signature, signs and stamps the document, records it in their 
journal - BUT it is neither an Acknowledgment nor a Jurat.

This appears to be yet another type of use case for e-Notarized documents:

1) Standard Acknowledgment/Jurat, being the first, which has all the
   standard accoutrements (the identity verification, the Notary signature
   and seal, the Journal entry, etc.) of an e-Notarized document;

2) Declaration under penalty of perjury, being the second, which does not
   have any or most of the standard accoutrements of a notarized document,
   but is  legal in some/many states; and

3) This new "document" supported in Maryland, which has all the standard
   accoutrements of a notarized document, but is neither of the above two.

What is this third type of document to be called in the XSD?  Are there
more types of documents like these that must be addressed by the schema?

Arshad

----- Original Message -----
From: "Mark Ladd" <mark.ladd@addison-one.com>
To: "Marc L. Aronson" <maronson@notary.org>, legalxml-enotary@lists.oasis-open.org
Sent: Tuesday, May 27, 2008 11:30:35 AM (GMT-0800) America/Los_Angeles
Subject: 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.