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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 04. JUDICIARY
Chapter : Chapter 19. NOTARIES PUBLIC
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Title 4 - §951. Seal; authority to administer oaths
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).]
Section History:
PL 1981,
Ch. 456,
§A7
(AMD).
PL 1989,
Ch. 501,
§L1
(AMD).
PL 1989,
Ch. 600,
§A1
(AMD).
PL 1991,
Ch. 465,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §952. Protests of losses; record and copies
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §952. 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.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §953. Demand and notice on bills and notes
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §953. 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 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).]
Section History:
PL 1981,
Ch. 456,
§A8
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §954-A. Conflict of interest if notary related
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §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, 1988.
[1999, c. 425, §1 (amd).]
Section History:
PL 1987,
Ch. 573,
§1
(NEW).
PL 1989,
Ch. 137,
§
(AMD).
RR 1997,
Ch. 2,
§6
(COR).
PL 1999,
Ch. 425,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §954. Acts of notary who is interested in corporation
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §954. 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.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §955-A. Removal from office (REPEALED)
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §955-A. Removal from office (REPEALED)
Section History:
PL 1965,
Ch. 74,
§
(NEW).
PL 1975,
Ch. 771,
§22
(AMD).
PL 1977,
Ch. 694,
§3,4
(AMD).
PL 1981,
Ch. 456,
§A10
(AMD).
PL 1987,
Ch. 573,
§2
(RPR).
PL 1997,
Ch. 712,
§1
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §955-B. Maintenance of records
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §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 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).]
Section History:
PL 1987,
Ch. 573,
§3
(NEW).
PL 1991,
Ch. 465,
§4
(AMD).
PL 1993,
Ch. 485,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §955-C. Disciplinary action; grounds; procedure; complaints
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §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
[1997, c. 712, §2 (new).]
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).]
[1997, c. 712, §2 (new).]
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).]
Section History:
PL 1997,
Ch. 712,
§2
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §955. Copies; evidence
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §955. 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).]
Section History:
PL 1981,
Ch. 456,
§A9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §956. Resignation or removal; deposit of records
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §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).]
Section History:
PL 1993,
Ch. 485,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §957. Injury or concealment of records
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §957. 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.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §958. Fees for protest and appropriation of penalties
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §958. 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 12 to the State and 12 to the
prosecutor.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
Title 4 - §959. Grandfather clause; seal; records (REPEALED)
Title 4: JUDICIARY Chapter 19: NOTARIES PUBLIC §959. Grandfather clause; seal; records (REPEALED)
Section History:
PL 1991,
Ch. 465,
§5
(NEW).
PL 1999,
Ch. 425,
§2
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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