Md. Code Regs. 14.09.02.05

Current through Register Vol. 51, No. 21, October 18, 2024

Section 14.09.02.05 - Foreign Documents

A. When a document or public record required by this chapter was created or issued in a foreign state the Commission may not accept as supporting documentation:

(1) Photocopies;

(2) Facsimile copies;

(3) Notarized copies; or

(4) Documents with alterations or erasures.

B. When a document or public record required by this chapter was created or issued in a foreign state and the state of origin is a State Party to the Apostille Convention, the party submitting the document shall:

(1) Have a competent authority of the State of origin issue an apostille for the original or a certified copy of the document; and

(2) Attach to the apostilled document, an English translation of the document prepared pursuant to this regulation.

C. When a document or public record required by this chapter originated in a foreign State and the State of origin is not a State Party to the Apostille Convention, the party submitting the document shall:

(1) Submit the public document with a written declaration (certificate) authenticating the signature/seal/stamp, signed in the State of origin which, if falsely made, would subject the maker to a criminal penalty under the laws of that foreign State;

(2) Attach to the document and certificate, a final certification as to the genuineness of the signature and official position of:

(a) The individual executing the certificate; or

(b) Any foreign official who certifies the genuineness of signature and official position of the executing individual, or is the last in a chain of certificates that collectively certify the genuineness of signature and official position of the executing individual; and

(3) Attach to the document and certificate or certificates, an English translation of the document prepared pursuant to this regulation.

D. A final certificate may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign State who is assigned or accredited to the United States.

E. English Translation.

(1) An English translation of any document authenticated by an apostille or by a final certificate shall include:

(a) The typed or printed name and telephone number of the interpreter or translator; and

(b) A signed certification by the interpreter or translator that the translation is true, accurate, and complete.

(2) A party shall have the English translation prepared by:

(a) An interpreter or translator whose name appears on the State of Maryland Court Interpreter Registry; or

(b) The embassy of the state from which the document originates.

F. An attorney who advances the cost of having a foreign document authenticated, translated, or both, is entitled to recover the actual amount expended.

Md. Code Regs. 14.09.02.05