State Government – Notarial Acts – Fees and Use of Communication Technology
The enactment of SB 317 significantly modernizes state law concerning notarial acts by facilitating remote notarization. This change aims to enhance accessibility for individuals who may not be able to present themselves physically before a notary. The bill outlines requirements for notaries to ensure security and integrity during remote transactions, including provisions for audio-visual recordings and identity verification, which are aimed at preventing fraud while allowing flexibility for users who conduct business digitally.
Senate Bill 317 addresses the procedures and fees associated with notarial acts in Maryland, specifically allowing for the use of communication technology for remote notarization. It increases the maximum fee for original notarial acts from $4 to $25, while also setting up regulations for notarial acts conducted through digital means. The bill effectively repeals the prohibition on using technology for notarizing wills and trusts, thereby expanding the scope of notarial services in the context of digital interaction.
The overall sentiment surrounding SB 317 appears to be positive, with recognition of its necessity in a transitioning society that increasingly requires remote services. Stakeholders in the notary and legal fields have expressed approval for streamlining the notarization process, facilitating easier access for users, especially in light of recent social distancing measures due to public health concerns. However, there are some concerns regarding the potential risks associated with remote transactions, particularly related to identity verification and fraud prevention.
Despite the generally supportive atmosphere, there are notable points of contention pertaining to the adoption of technology in notarial practices. Critics argue that relying on digital methods may compromise the authenticity of notarized documents unless strict safeguards are implemented. Questions have also been raised about the training requirements for notaries and the potential for varying interpretations of regulations related to technology use. The tension between traditional notarial practices and modern technological methods remains a key discussion point among legal professionals and lawmakers.