|Subject:||Re: [legalxml-enotary] Notarial certificate always required??|
|From:||Arshad Noor (arsh...@strongauth.com)|
|Date:||May 28, 2008 11:49:15 am|
In that example, Mark, I had an element that described the type of notarization in the eNotarized document: Acknowledgment, Jurat or Other.
If I understand you correctly, you're suggesting that we should let the MD example be called "Other" and let applications decide what it is?
----- Original Message ----- From: "Mark Ladd" <mark...@addison-one.com> To: "Arshad Noor" <arsh...@strongauth.com> Cc: "Marc L. Aronson" <maro...@notary.org>, lega...@lists.oasis-open.org Sent: Wednesday, May 28, 2008 11:43:16 AM (GMT-0800) America/Los_Angeles Subject: RE: [legalxml-enotary] Notarial certificate always required??
I think this is covered by the scenario you called "eNotarized Document" in your PDF presentation. IMO, I don't think we should chase the Maryland rabbit. It represents "scope creep" to me and that is crippling to any project.
Mark Ladd Addison/One, LLC 262-498-0850
-----Original Message----- From: Arshad Noor [mailto:arsh...@strongauth.com] Sent: Wednesday, May 28, 2008 11:46 AM To: Mark Ladd Cc: Marc L. Aronson; lega...@lists.oasis-open.org Subject: Re: [legalxml-enotary] Notarial certificate always required??
But, what type of document is this?
According to the MD Code, the Notary verifies the identity of the signer, witnesses the signature, signs and stamps the document, records it in their journal - BUT it is neither an Acknowledgment nor a Jurat.
This appears to be yet another type of use case for e-Notarized documents:
1) Standard Acknowledgment/Jurat, being the first, which has all the standard accoutrements (the identity verification, the Notary signature and seal, the Journal entry, etc.) of an e-Notarized document;
2) Declaration under penalty of perjury, being the second, which does not have any or most of the standard accoutrements of a notarized document, but is legal in some/many states; and
3) This new "document" supported in Maryland, which has all the standard accoutrements of a notarized document, but is neither of the above two.
What is this third type of document to be called in the XSD? Are there more types of documents like these that must be addressed by the schema?
----- Original Message ----- From: "Mark Ladd" <mark...@addison-one.com> To: "Marc L. Aronson" <maro...@notary.org>, lega...@lists.oasis-open.org Sent: Tuesday, May 27, 2008 11:30:35 AM (GMT-0800) America/Los_Angeles Subject: RE: [legalxml-enotary] Notarial certificate always required??
This scenario would be covered by Arshadâs âsecond optionâ for an electronic document that was not generated with the notary standard. I think weâre okay the way we are.
Mark Ladd Addison/One, LLC 262-498-0850 mark...@addison-one.com
Please see below.
I was thinking after the call about this.
Does this make a mess for Arshad?
There may be other states. Do you need more information?
âIs it possible that a ânotarized documentâ could contain a notary signature and perhaps commissioning information, but not contain an acknowledgment or form of jurat or the like? Isnât there something like that in Maryland? I need chapter and verse if you have it.â
Md. STATE GOVERNMENT Code Ann. 18-113
18-113. Procedure in absence of notarial certificate
(a) In general. -- If a document presented for notarization does not contain a notarial certificate reflecting the taking of an oath or acknowledgment, a notary may nevertheless witness the signing of the document in the notary's official capacity, in accordance with subsection (b) of this section.
(b) Witnessing requirements. -- A notary acting as a witness in the notary's official capacity under subsection (a) of this section shall:
(1) obtain satisfactory proof of the identity of the person signing the document;
(2) observe the signing of the document;
(3) date, sign, and seal or stamp the document; and
(4) record the act in the notary's fair register.
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