How to Properly Identify a Signer Under Maryland Law

Accurately identifying a signer is one of the most essential duties of a Maryland notary public. Proper identification protects the public, prevents fraud, and preserves the credibility of notarized documents. Maryland law outlines very clear standards for identification, including personal knowledge, satisfactory evidence, acceptable forms of ID, and the use of credible witnesses. 

This article provides a professional, educational, and entirely accurate overview of those requirements, along with examples and best-practice guidance for handling remote notarization and rejected IDs.

Maryland’s Legal Framework for Identification

Maryland requires a notary to verify identity through personal knowledge or satisfactory evidence. These two legal pathways ensure notaries can reliably authenticate the identity of every signer, whether the notarization occurs in person or remotely. Understanding these rules is critical not only for proper procedure but also for reducing liability and preventing invalid notarizations.

Personal Knowledge

A notary may rely on personal knowledge when they genuinely know the signer through prior interactions that establish reliable familiarity. This method must be based on real, long-term knowledge; casual acquaintance does not qualify.

Satisfactory Evidence

When personal knowledge is not available, the notary must obtain satisfactory evidence. This comes from reviewing a government-issued identification credential or, in certain circumstances, relying on a credible witness who can vouch for the signer’s identity under oath.

Acceptable Forms Of Identification

Notaries most commonly identify signers through government-issued credentials. Maryland does not publish a rigid list of acceptable IDs but requires that the identification provide reliable evidence of identity. The credential must allow the notary to visually compare the signer’s appearance to the photo and signature on the ID.

Common Acceptable Credentials

• State-issued driver’s license
  
• State-issued nondriver identification card
  
• United States passport
  
• United States military ID with photo and signature
  
• Foreign passport issued by a recognized government authority

Example of Proper In-Person ID Review

If a signer presents a valid U.S. passport, the notary checks its expiration date, examines security features, compares the photograph to the person present, verifies the signature, and documents the identification method in their notarial journal before proceeding.

Procedures For Credible Witnesses

Occasionally, a signer may not be able to present acceptable identification. Maryland permits the use of a credible witness, but the process is strict because the witness effectively substitutes for direct ID verification. The notary must ensure the witness is reliable, impartial, and properly identified.

Credible Witness Requirements

A credible witness must:

• Personally know the signer
  
• Appear before the notary
  
• Be identified by the notary via personal knowledge or valid ID
  
• Swear an oath affirming the signer’s identity

Steps When Using a Credible Witness

1. Both the signer and the credible witness appear before the notary.
   
2. The notary verifies the witness’s identity.
   
3. The notary administers an oath to the witness regarding their knowledge of the signer.
   
4. The notary records all identification details in the journal.
   
5. The notarization proceeds based on the sworn verification.

Example of Credible Witness Use

A signer who has misplaced his wallet arrives with a coworker who has known him for years. The coworker shows a valid driver’s license and takes an oath confirming the signer’s identity. The notary records this information and completes the notarization.

Remote Identification Requirements

Remote Online Notarization (RON) allows signers to appear before a notary using communication technology. Maryland’s laws require enhanced verification, proper recordkeeping, and approved technology vendors to ensure secure authentication.

Before performing remote notarization, a notary must register with the Maryland Secretary of State and use technology that supports identity proofing and credential analysis. Proper recording and retention of the session are mandatory.

Identity Verification in Remote Notarization

Maryland permits three identity-verification methods during remote notarization:

1. Personal knowledge
   
2. A credible witness appearing through communication technology
   
3. Credential analysis and identity proofing (such as knowledge-based authentication)

Additional Requirements for Remote Acts

• The notary must create and retain an audio-video recording for at least 10 years.
  
• The certificate must state the act was conducted with a remotely located individual.
  
• If the signer is located outside the U.S., additional statutory requirements apply.

Example of a Remote Verification

A signer displays her driver’s license to the camera. The remote platform analyzes the ID, performs identity-proofing questions, and the notary records the session. After the signer completes the document, the notary adds the required remote certificate language and securely stores the recording.

Handling Rejected IDs

Notaries must decline a notarization whenever identification is inadequate or unreliable. Rejecting an ID is not only permitted—it is required to protect the authenticity of the notarization and prevent fraudulent acts.

Reasons To Reject an ID

• The ID is expired
  
• The photo does not resemble the signer
  
• The document appears altered
  
• The ID lacks a signature or essential identifying data
  
• The ID is not government-issued
  
• The signer refuses to present the original credential

Example of Rejecting an ID

If a signer presents only a photocopy of a passport or a school ID with no signature, the notary must reject it. The notary can advise the signer to bring valid identification or return with a credible witness.

Association Guidance

Identifying a signer correctly is the foundation of every notarization in Maryland. By applying proper ID review, credible witness procedures, and remote authentication standards and by confidently rejecting inadequate IDs Maryland notaries maintain the legal validity and trustworthiness of each notarized document.

The Notary Public Association’s verification guidelines support these standards by encouraging thorough ID review, accurate documentation, consistent compliance with Maryland law, and sound professional judgment. When followed together, these principles create a secure, reliable, and fraud-resistant notarization process.