MD Administrative Regulation 122597 | NNA

MD Administrative Regulation 122597

Notary Law Update: MD Administrative Regulation 122597 2013

State: Maryland

Summary:

In regulations implementing Chapter 425 of the Maryland Laws of 2013 (HB 102), the Secretary of State raises the fees a Notary Public may charge to $4 for each notarial act performed.

Signed:  March 12, 2014

Effective:  April 01, 2014

Chapter: None

Affects:

Amends Code of Maryland Regulations Section 1.02.08.03

Changes:

Raises the fee a Notary Public may charge for performing a notarial act from $2 to $4.

Analysis:
In most states, the maximum fee a Notary may charge is set in one of three main ways: (1) a statute prescribes the maximum fee a Notary may charge; (2) a statute authorizes the commissioning official (Secretary of State in most U.S. jurisdictions) to adopt regulations setting maximum fees; or (3) the state does not set a maximum fee in statute or regulations. In Maryland, fees are set by a combination of (1) and (2). Statute requires the Secretary of State to adopt regulations establishing the fees a Notary Public may charge, but it states the Secretary cannot publish regulations setting a fee that is higher than the maximum fee in the statute. Notaries cannot charge the statutory fee unless the Secretary actually adopts regulations to allow the fee to be charged. In 2013, the Maryland General Assembly passed House Bill 102, which raised the statutory maximum fee Notaries may charge from $2 to $4, subject to regulations adopted by the Secretary. In August, 2013, the Secretary proposed regulations to raise the fee to $4, and on March 12, 2014, the proposed regulations were adopted. The Secretary could have proposed to raise the fee to $3 or keep it at $2. Fortunately, the Secretary adopted the statutory maximum fee.

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