New Maryland Notary Rules: Bond, Fees, and Penalties

Maryland’s notary rules come from the state’s Revised Uniform Law on Notarial Acts, and they set hard limits and clear duties for anyone who holds a commission or pays for a notarization. The maximum fee is $8 for an in-person notarial act and $30 for a remote online notarization.1COMAR. 01.02.08.02 A commission lasts four years, requires a completed course and exam, a background check, and a $25,000 surety bond, and every notarial act has to be logged in a journal that survives long after the commission ends.

What a Notarization Costs in Maryland

The fee caps are straightforward. Up to $8 per act if you sit down with a notary in person. Up to $30 per act if the notarization happens remotely through an approved online platform.1COMAR. 01.02.08.02 The higher remote figure reflects the cost of the technology, identity proofing, and recording storage the notary is required to maintain.

Notaries have to disclose fees before performing the act. Charging more than the maximum can trigger disciplinary action, including fines or suspension. Mobile notaries who come to your home or office can add a travel fee on top, but the amount has to be agreed to in advance and cannot be unreasonable.

Who Can Become a Maryland Notary

Eligibility is basic: at least 18 years old, living or working in Maryland, and able to demonstrate good character and integrity. The application asks for three personal references who are not family members and not your employer.2Maryland OneStop. Notary Commission Details

Every applicant goes through a background check. You have to disclose criminal convictions and civil judgments on the application, and inaccurate reporting of your criminal history will result in a denial.3Maryland Secretary of State. New Notary Applicant Convictions involving dishonesty, fraud, or forgery are especially likely to disqualify you.

Since October 2021, both new applicants and renewing notaries must complete a course of study and pass an exam from a provider authorized by the Secretary of State before receiving a commission.4Maryland Secretary of State. Notary Division

The commission itself runs four years from the date of issuance.5Maryland Archives. Handbook For Maryland Notaries Public You pay $25 to the Secretary of State when you apply, and another $11 to the Clerk of the Circuit Court when you take your oath ($10 for the commission and $1 for registration).3Maryland Secretary of State. New Notary Applicant You also need your surety bond in place before you can start notarizing.

The $25,000 Surety Bond

Every Maryland notary has to obtain a $25,000 surety bond. The bond protects the public rather than the notary. If a notary’s error or misconduct causes someone financial harm, the bond is a source of compensation up to that amount. The premium you actually pay is much smaller than the coverage figure and depends on the insurer and your background.

The bond is separate from errors and omissions insurance, which is optional. E&O insurance covers your own legal defense and any damages you are personally liable for; the bond pays the injured party. Notaries who work real estate closings and other high-value documents often carry both.

Verifying a Signer’s Identity

Maryland law requires identity verification through a government-issued document that carries both a photograph and a signature. Acceptable forms include a state driver’s license, U.S. passport, military ID, or a foreign passport. The document must be current and “satisfactory to the notarial officer,” which puts personal responsibility on the notary to judge whether it is genuine and matches the person in front of them.6FindLaw. Maryland Code State Government 18-206

If something looks wrong, the notary should refuse to proceed, and the law lets the notary ask for additional identification when the first document is not satisfactory.6FindLaw. Maryland Code State Government 18-206

When a signer has no acceptable ID, identity can be established through a credible witness. The witness has to appear in person before the notary and either be personally known to the notary or produce their own qualifying identification. The witness then swears under oath to the signer’s identity.6FindLaw. Maryland Code State Government 18-206 The witness’s information should go into the journal entry for that act.

Journal and Recording Requirements

Every Maryland notary keeps a journal of all notarial acts, in person or remote. Each entry has to include the date, the type of document, the signer’s full name and address, and the method used to verify identity, including the credential presented, its number, and its issuance and expiration dates.7Maryland Secretary of State. Frequently Asked Questions

The journal can be a physical book or an electronic record. Either format has to meet state standards for permanence and security, and electronic journals must be tamper-evident. Journal entries must be retained for 10 years after the last entry.

Remote notarizations add a second retention obligation. The audio-visual recording of every remote session has to be kept for at least 10 years. The notary can keep it personally or designate a repository.8Maryland General Assembly. Maryland Code State Government 18-214

When a commission permanently ends, whether through expiration, resignation, or revocation, the notary has to tell the Secretary of State where the journal is stored. If a notarization is challenged years later, the journal is often the only evidence of what actually happened, so losing track of it creates real exposure.

Remote Online Notarization

Maryland allows notaries to perform notarizations electronically when the signer is not physically present. The notary connects with the signer through a live audio-video session, verifies identity, and applies an electronic seal and signature. The Secretary of State maintains a list of approved RON vendors, and any notary who wants to work remotely has to register and select from that list.9Maryland Secretary of State. Remote Notary Information

One important limit: regardless of where the signer is, the notary has to be physically located in Maryland during the act.7Maryland Secretary of State. Frequently Asked Questions Remote notarization does not extend a Maryland commission across state lines.

Penalties for Misconduct

Consequences range from administrative action to criminal prosecution. The Governor has authority to remove or suspend a notary from office for incompetency or misconduct, and can delegate that authority to the Secretary of State.5Maryland Archives. Handbook For Maryland Notaries Public

Criminal exposure covers several types of conduct. Falsely affixing a notarial seal to a document you did not properly notarize is a criminal offense. Improperly performing your duties, failing to perform required ones, or acting outside your authority can result in fines or imprisonment as misconduct in office. Giving legal advice or drafting legal documents crosses into the unauthorized practice of law, which is illegal for anyone not admitted to the Maryland bar.

Civil liability sits on top of all of that. A notary is personally liable for financial harm caused by a faulty notarization, and a forged signature the notary should have caught or a document notarized without the signer present can produce lawsuits reaching into the tens of thousands of dollars.

How Notary Fees Are Taxed

Notary fees receive unusual federal tax treatment. The IRS exempts notary fee income from self-employment tax, though the income itself remains taxable.10Internal Revenue Service. Persons Employed in a U.S. Possession/Territory – Self-Employment Tax You report the income on Schedule C like any other business revenue, and it flows through to your Form 1040, but you leave it out when you calculate self-employment tax on Schedule SE.

The exemption only covers fees earned for performing notarial acts. Related income, such as document preparation, loan signing coordination, or mobile travel fees, remains subject to self-employment tax under normal rules. Keep clean records separating notary fees from everything else, because mixing them invites problems in an audit.