Legislation
State: Maryland
Signed: May 08, 2018
Effective: October 01, 2018
Chapter: 516
SummaryMaryland becomes the 32nd state to enact the Uniform Real Property Electronic Recording Act, allowing Notaries to notarize electronic real property documents.
AffectsCreates Sections 3-701 through 3-707 in the Annotated Code of Maryland, Real Property.
Changes
- Provides that a requirement that a document eligible to be recorded in the land records or signature associated with a such a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied by the electronic signature of the person authorized to perform that act and the inclusion of all other required information attached to or logically associated with the document or signature.
- Permits the Administrative Office of the Courts to establish standards to implement the Act.
AnalysisMaryland enacts the Uniform Real Property Electronic Recording Act (URPERA). It allows Notaries and notarial officers to notarize electronic real property documents that are eligible for recording in the land records. Maryland's enactment does not include the provision contained in the version of the URPERA adopted by the Uniform Law Commission clarifying that a Notary need not include an image of the Notary's seal on an electronic real property document. Since Maryland's Notary laws currently do not have another provision that expressly states that an image of the physical seal is not required on an electronic record, presumably a Notary must include an image of the seal when notarizing an electronic real property document when the law takes effect on October 1.
Read House Bill 1093.