1 Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC Table of Contents Section 951. SEAL; AUTHORITY TO ADMINISTER OATHS... 3 Section 951-A. COMMISSION SIGNATURE... 3 Section 952. PROTESTS OF LOSSES; RECORD AND COPIES... 3 Section 953. DEMAND AND NOTICE ON BILLS AND NOTES... 3 Section 954. ACTS OF NOTARY WHO IS INTERESTED IN CORPORATION... 4 Section 954-A. CONFLICT OF INTEREST IF NOTARY RELATED... 4 Section 955. COPIES; EVIDENCE... 4 Section 955-A. REMOVAL FROM OFFICE (REPEALED)... 4 Section 955-B. MAINTENANCE OF RECORDS... 4 Section 955-C. DISCIPLINARY ACTION; GROUNDS; PROCEDURE; COMPLAINTS... 5 Section 956. RESIGNATION OR REMOVAL; DEPOSIT OF RECORDS... 6 Section 957. INJURY OR CONCEALMENT OF RECORDS... 6 Section 958. FEES FOR PROTEST AND APPROPRIATION OF PENALTIES... 6 Section 959. GRANDFATHER CLAUSE; SEAL; RECORDS (REPEALED)... 6 Section 960. ADVERTISEMENT OF SERVICES... 6 i
2 Text current through October 15, 2015, see disclaimer at end of document. ii
3 Maine Revised Statutes Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC 951. SEAL; AUTHORITY TO ADMINISTER OATHS A notary public may keep a seal of office, engraved with the notary public's name exactly as it appears on the notary public's commission, and the words "Notary Public" and "Maine" or its abbreviation "Me.," with the arms of state or such other device as the notary public chooses. When a notary public who has obtained a seal of office resigns, or the notary public's commission is revoked or expires, the notary public or heirs shall destroy the official seal or send it to the Secretary of State for destruction. When authorized by the laws of this State or of any other state or country to do any official act, the notary public may administer any oath necessary to the completion or validity of the act. [1991, c. 465, 3 (AMD).] 1981, c. 456, A7 (AMD). 1989, c. 501, L1 (AMD). 1989, c. 600, A1 (AMD). 1991, c. 465, 3 (AMD). 951-A. COMMISSION SIGNATURE 1. Official signature. When performing a notarization, a notary public must sign by producing that notary public s official signature by hand in the same form as indicated on the notary public s commission. For the purposes of this section, the notary public s official signature is the signature that appears on the notary public s most recent oath of office or most recent application for a notary public commission. [ 2009, c. 74, 1 (NEW).] 2. Change of signature. If the official signature of a notary public changes during the term of the notary public's commission, the notary public shall immediately provide the Secretary of State with a new sample of the notary public s official signature. [ 2009, c. 74, 1 (NEW).] 2009, c. 74, 1 (NEW) PROTESTS OF LOSSES; RECORD AND COPIES When requested, every notary public shall enter on record all losses or damages sustained or apprehended by sea or land, and all averages and such other matters as, by mercantile usage, appertain to his office, grant warrants of survey on vessels, and all facts, extracts from documents and circumstances so noted shall be signed and sworn to by all the persons appearing to protest. He shall note, extend and record the protest so made, and grant authenticated copies thereof, under his signature and notarial seal, to those who request and pay for them DEMAND AND NOTICE ON BILLS AND NOTES Any notary public may, in behalf of any person interested, present any bill of exchange or other negotiable paper for acceptance or payment to any party liable therefor, notify indorsers or other parties thereto, record and certify all contracts usually recorded or certified by notaries, and in general, do all acts Seal; authority to administer oaths 3
4 which may be done by notaries public according to the usages of merchants and authorized by law. He shall record all mercantile and marine protests by him noted and done in his official capacity. [1981, c. 456, Pt. A, 8 (AMD).] 1981, c. 456, A8 (AMD) ACTS OF NOTARY WHO IS INTERESTED IN CORPORATION Any notary public who is a stockholder, director, officer or employee of a bank or other corporation may take the acknowledgement of any party to any written instrument executed to or by such corporation, or may administer an oath to any other stockholder, director, officer, employee or agent of such corporation, or may protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes and other negotiable instruments which may be owned or held for collection by such bank or other corporation. It shall be unlawful for any notary public to take the acknowledgment of an instrument by or to a bank or other corporation of which he is a stockholder, director, officer or employee where such notary is a party to such instrument, either individually or as a representative of such bank or other corporation, or to protest any negotiable instrument owned or held for collection by such bank or other corporation, where such notary is individually a party to such instrument. 954-A. CONFLICT OF INTEREST IF NOTARY RELATED A notary public may not perform any notarial act for any person if that person is the notary public's spouse, parent, sibling, child, spouse's parent, spouse's sibling, spouse's child or child's spouse, except that a notary public may solemnize the marriage of the notary public's parent, sibling, child, spouse's parent, spouse's sibling or spouse's child. This section does not affect or apply to notarial acts performed before August 4, [1999, c. 425, 1 (AMD).] 1987, c. 573, 1 (NEW). 1989, c. 137, (AMD). RR 1997, c. 2, 6 (COR). 1999, c. 425, 1 (AMD) COPIES; EVIDENCE The protest of any foreign or inland bill of exchange, promissory note or order, and all copies or certificates by him granted shall be under his hand and shall be received in all courts as legal evidence of the transactions and as to the notice given to the drawer or indorser and of all facts therein contained. [1981, c. 456, Pt. A, 9 (AMD).] 1981, c. 456, A9 (AMD). 955-A. REMOVAL FROM OFFICE (REPEALED) 1965, c. 74, (NEW). 1975, c. 771, 22 (AMD). 1977, c. 694, 3,4 (AMD). 1981, c. 456, A10 (AMD). 1987, c. 573, 2 (RPR). 1997, c. 712, 1 (RP). 955-B. MAINTENANCE OF RECORDS The Secretary of State shall recommend that every notary public keep and maintain records of all notarial acts performed. The notary shall safeguard and retain exclusive custody of these records. The notary may not surrender the records to another notary or to an employer. The records may be inspected in the Acts of notary who is interested in corporation
5 notary's presence by any individual whose identity is personally known to the notary or is proven on the basis of satisfactory evidence and who specifies the notarial act to be examined. [1993, c. 485, 1 (AMD).] 1987, c. 573, 3 (NEW). 1991, c. 465, 4 (AMD). 1993, c. 485, 1 (AMD). 955-C. DISCIPLINARY ACTION; GROUNDS; PROCEDURE; COMPLAINTS 1. Grounds. The Secretary of State may suspend, revoke or refuse to renew the commission of a notary public in the State. The Secretary of State's actions may be based on any of the following grounds: A. The notary public has performed in an improper manner any duty imposed upon the notary public by law; [1997, c. 712, 2 (NEW).] B. The notary public has performed acts not authorized by law; [1997, c. 712, 2 (NEW).] C. The notary public is in violation of section 954-A or section 960; or [2005, c. 629, 2 (AMD).] D. The notary public has been convicted of a crime as defined by rules adopted by the Secretary of State. These rules must provide that a conviction for perjury, false swearing, bribery, corrupt practices or forgery or related offenses may be a basis for the Secretary of State to suspend, revoke or refuse to renew the commission of a notary public. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [1997, c. 712, 2 (NEW).] [ 2005, c. 629, 2 (AMD).] 2. Procedure. A notary public commission may not be suspended, revoked or refused for renewal for the reasons set forth in subsection 1 without prior written notice and opportunity for hearing. A notary public commission may not be suspended, revoked or refused for renewal under this section except by a decision by the Secretary of State or the Secretary of State's designee. [ 1997, c. 712, 2 (NEW).] 3. Complaints. Any person may file a complaint with the Secretary of State seeking disciplinary action against a notary public. Complaints must be in writing in a form prescribed by the Secretary of State. The Secretary of State may also bring a complaint against a notary public if the Secretary of State determines that the notary public may have violated the provisions of subsection 1. If the Secretary of State determines that a complaint alleges facts that, if true, would require revocation, suspension or nonrenewal of commission or other disciplinary action, the Secretary of State shall conduct a hearing pursuant to the Maine Administrative Procedure Act. Whenever the Secretary of State establishes that a complaint does not state facts that warrant a hearing, the complaint may be dismissed. Persons making complaints must be advised in writing of all formal decisions made by the Secretary of State regarding that complaint. Any person whose notary public commission has been suspended, revoked or refused for renewal may apply to the Secretary of State in writing for the reinstatement of the notary public commission or as set by rule for convictions pursuant to subsection 1, paragraph D at a time specified in the decision of the Secretary of State, and, in the case of revocation, any person may apply for a new commission one year from the date of the Secretary of State's original action. [ 1997, c. 712, 2 (NEW).] 1997, c. 712, 2 (NEW). 2005, c. 629, 2 (AMD) C. Disciplinary action; grounds; procedure; complaints 5
6 956. RESIGNATION OR REMOVAL; DEPOSIT OF RECORDS The Secretary of State shall recommend that, on the resignation or removal from office of any notary public, the notary's records be transferred to the custody of the State Archivist. [1993, c. 485, 2 (AMD).] 1993, c. 485, 2 (AMD) INJURY OR CONCEALMENT OF RECORDS Whoever knowingly destroys, defaces or conceals such record forfeits not less than $200 nor more than $1,000, and is liable for damages to any person injured in a civil action FEES FOR PROTEST AND APPROPRIATION OF PENALTIES For each protest of a bill or note, notifying parties, making his certificate thereof in due form and recording his proceedings, a notary public shall receive $1.50. All penalties provided in sections 956 and 957 accrue 1/2 to the State and 1/2 to the prosecutor GRANDFATHER CLAUSE; SEAL; RECORDS (REPEALED) 1991, c. 465, 5 (NEW). 1999, c. 425, 2 (RP) ADVERTISEMENT OF SERVICES 1. Advertisement defined. For purposes of this section, "advertisement" means material designed to promote a product or service offered by a person that is engaged in offering such products or services for profit. "Advertisement" includes business cards, brochures and notices. 2. Notice; requirements. A notary public who is not an attorney admitted to and in good standing before the bar of the State and who advertises notary services in a language other than English must include in the advertisement a notice that includes: A. Information on the fees that the notary may charge; and [2005, c. 629, 3 (NEW).] B. The following statement: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN MAINE AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE." [2005, c. 629, 3 (NEW).] The notice must be in both English and in the language of the advertisement and in letters of a conspicuous size. If the advertisement is by radio, television or any other audio medium, the statement may be modified, but must include substantially the same message Injury or concealment of records
7 3. Prohibition. An advertisement for notary services may not include a literal translation of the phrase "Notary Public" into any language other than English if the literal translation implies that the notary public is an attorney licensed to practice in the State or in any jurisdiction of the United States. For purposes of this subsection, "literal translation" means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated. 4. Civil violation. Any violation of this section constitutes a civil violation for which a fine of not more than $5,000 may be adjudged. 5. Civil action. In addition to any other remedy that may be available, a customer who is aggrieved by a violation of this section may initiate a civil action in the Superior Court against the violator for injunctive relief or damages or both. If a court finds a violation of this section, the court may award to the customer: A. An amount equal to actual damages sustained by the customer as a result of the violation; [2005, c. 629, 3 (NEW).] B. An amount equal to 3 times the actual damages; and [2005, c. 629, 3 (NEW).] C. The costs of the action together with reasonable attorney's fees as determined by the court. [2005, c. 629, 3 (NEW).] 6. Attorney General action. Whenever the Attorney General has reason to believe that a person in the State has engaged in or is engaging in activities that violate this section, the Attorney General may initiate an action in the Superior Court to enforce this section. 2005, c. 629, 3 (NEW). The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the First Regular Session of the 127th Maine Legislature and is current through October 15, The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney Advertisement of services 7
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