SIGNER: Identifying Signer?

 Notarize Without Identifying Signer?

A notary's most important duty is to identify every document signer positively to prevent forgery.

Notarizes identify in one of three ways:

1. Their own personal knowledge of the signer's identity.
2. The sworn word of a personally known third party (a credible witness).
3. Reliable identification documents or ID cards.

Reliable IDs should be current and government-issued and have a photograph, signature, and physical description (height, hair color, etc.) of the signer. Cards such as state driver's licenses nondriver's IDs, military IDs, and passports are acceptable.

The following should not be used  as identification:

• A birth certificate Social security card or other card without a photograph
• The informal introduction by a friend, coworker, or relative who is not willing to swear to their identity under oath and sign the Notary's journal
• Casual acquaintance of signer that would impede your ability to positively identify them through personal knowledge

NOTARY BEST PRACTICE:

The notary should be aware that the law requires the notary to exercise reasonable care to accurately identify document singers.

In many jurisdictions, notarizing a document is legally required to exercise reasonable care in the identification of the signers. This means that the notary must take steps reasonably calculated to identify the person who is signing the document. If the notary does this, the notary will not have legal liability even if a skillful imposter deceives the notary and perpetrates fraud on an unsuspecting third party. This outcome of protecting the diligent notary from liability is appropriate because it is not really possible to absolutely conclusively identify an individual at the time of a notarization ceremony.

The notary should exercise reasonable care in identifying the signers of the document. This includes conversing with the signers, inquiring about their identities, and observing their body language and demeanor. These interactions help the notary to verify the identities of the signers. In addition, the notary should diligently examine the identification documents presented by the signers and record this examination in both the certificate of notarization and the notary's journal entry for the notarization. As part of this identification process, the notary should also obtain one or two present signatures from the document signers on the transactional document and the journal entry.

When a notary public observes the signing of a document, he or she should pay close attention to how the signatures are made. Signatures made by the rightful parties are usually free and flowing, while those made by imposters tend to be unnatural and forced. The notary should compare the three signatures on the transactional instrument, the ID document, and the journal entry to see if they appear reasonably similar. If there is any doubt about the authenticity of a signature, the notary should request a thumbprint impression from the document signer for the journal entry, if not prohibited by law. This will help to ensure that the signer is the person who claims to be.

Disclosure: I am not licensed to practice law or give legal advice.

However, I can help you with a variety of notary services.

The information in this blog is not intended to be legal advice.
If you have a question about a specific notary law or regulation,
please consult an attorney in your state.

 How to Become a Notary Public