Electronic signature
Updated:
Date: June 13, 2023
Bulletin: All Dealers and Tag and Title Agencies
From: Business Licensing and Compliance
The purpose of this bulletin is to provide further detail and clarification regarding electronic/digital signatures on titling documents.
E-signature Requirements:
The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) has eliminated the requirement of an ink (wet) signature for titling documents. Dealerships or Service providers must use an electronic signature solution that allows the forms to be signed via a signing device or through a compliant process using email. The electronic signature process must use an identity proofing/authentication protocol or methodology to determine the identity of the signer which meets the National Institute of Standards and Technology assurance level 2. For the Federal Odometer Statement all businesses must adhere to the NHSTA ruling 40 CFR 580.
An attestation statement on the dealership or service provider’s letterhead must accompany the transaction documents and it must include the following verbiage:
[NAME OF DEALER OR SERVICE PROVIDER] attests that the electronic signature(s) on the odometer disclosure documents meet the requirements set forth by the National Highway Traffic Safety Administration Rule 49 CFR 580 for assurance Level 2.
Dealerships and service providers must submit an electronic signature certification page along with the forms and other transaction documents. Businesses must maintain records related to the signature authentication for the normal document retention period. The remainder of this bulletin will focus on the document retention requirements for title and registration transactions.
If you have any questions, please contact us at 410-787-2952 or [email protected].