Maryland 2022 Regular Session

Maryland House Bill HB663

Introduced
1/31/22  
Refer
1/31/22  
Report Pass
3/17/22  
Engrossed
3/18/22  
Refer
3/18/22  
Report Pass
4/8/22  
Enrolled
4/9/22  

Caption

State Government – Notarial Acts – Fees and Use of Communication Technology

Impact

This bill significantly alters existing statutes regarding notarial acts in Maryland. By sanctioning remote notarization, it enables notaries to provide services for individuals who are not physically present, making it easier for residents to handle important legal documents. This is especially advantageous in circumstances where physical presence may pose challenges, such as during emergencies or for individuals living abroad. Notably, the increased maximum fees for notarial acts are aimed at ensuring fair compensation for notaries who fulfill these functions, aligning with the complexities introduced by remote technologies.

Summary

House Bill 663 pertains to state government and addresses notarial acts, specifically focusing on increasing fees associated with notarial services and authorizing the use of communication technology for remote notarizations. The bill lifts previous restrictions that prohibited notaries from employing technology to execute notarizations for wills and trusts. It introduces regulations for remote acknowledgment of signatures, allowing notaries to confirm identities and records electronically under certain conditions, enhancing accessibility for individuals not physically present in the state.

Sentiment

The sentiment surrounding HB 663 appears to be generally positive, reflecting a modernization of notarial practices that align with current technological trends. Supporters advocate for the increased flexibility and accessibility that remote notarization provides, particularly praising the bill's provisions that simplify processes for individuals requiring notarization while away from the notary's location. However, there may also be concerns regarding the security and integrity of remote notarizations, as the processes for identity proofing and credential analysis are critically important to prevent fraud.

Contention

While there is support for modernizing notarial acts through remote capabilities, the bill's execution could raise issues related to the safeguards protecting against identity fraud. Critics may voice concerns over how effectively notaries can ensure the authenticity of signatures when using technology and whether these new measures offer adequate protection. The effectiveness of the regulations put forth by the Secretary of State in implementing this bill will greatly influence its success and acceptance among practitioners and the public alike.

Companion Bills

MD SB317

Crossfiled State Government – Notarial Acts – Fees and Use of Communication Technology

Similar Bills

MD SB317

State Government – Notarial Acts – Fees and Use of Communication Technology

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