Maryland (MD)
Remote Online Notaries Professional Liability Insurance in Maryland
Maryland's Remote Online Notarization (RON) laws, codified in the State Government Article, Title 18, Subtitle 2, allow notaries to perform acts using secure communication technology for signers regardless of location. The state requires notaries to verify identity through credential analysis and identity proofing (KBA) and mandates a 10-year retention period for audiovisual recordings of all remote sessions. Maryland notaries engaged in RON typically secure Errors and Omissions (E&O) insurance that specifically accounts for the cyber risks and digital storage liabilities of remote notarization.
Remote Online Notaries in Maryland at a glance
- Statutory Citation
- MD Code, State Gov't § 18-214
- Identity Proofing
- Credential Analysis & KBA
- Recording Retention
- 10 years
- Authority
- Maryland Secretary of State
Formerly SB 678, which made RON permanent in MD.
Required for signers not personally known to the notary.
Audiovisual recordings must be stored for a decade.
Regulates notary commissions and RON notifications in MD.
MD RON Statutes and Identity Verification
Maryland notaries must notify the Secretary of State of their intent to perform remote acts before beginning. The law requires the notary to verify the identity of a remotely located individual using two-part identity proofing, which usually includes credential analysis of a photo ID and knowledge-based authentication (KBA).
If the notary has personal knowledge of the individual or receives a verification on oath from a credible witness, the KBA/credential analysis steps may be bypassed, but for most remote transactions, the multi-step digital verification remains the required standard.
Maryland Recording and Technology Standards
Maryland law requires the creation of an audiovisual recording of the entire performance of the notarial act. This recording must be maintained in a secure and accessible format for at least ten years after the act is performed.
The communication technology must be capable of showing both the notary and the signer simultaneously and must be resilient against unauthorized tampering. Maryland notaries are responsible for ensuring that their service providers meet the high security and storage standards set by the Secretary of State.
E&O Insurance for Maryland Remote Notaries
Because the risks of remote notarization include potential software failures and data breaches, Maryland notaries are strongly advised to carry Errors and Omissions insurance. A standard policy might need an endorsement to explicitly cover 'electronic' or 'remote' notarial acts.
Furthermore, since the notary is legally responsible for the decade-long storage of recordings, insurance that provides coverage for regulatory fines or the loss of digital records can be a critical safeguard for their professional practice.
Remote Online Notaries FAQs for Maryland
General guidance, not legal advice. Confirm current rules with the Maryland Insurance Administration or talk with a licensed US Professional Insure agent.