Principles of Notarization: Chapter 4: Identifying the Signer

When identifying a signer, you can use one or more of the following methods:

Identification cards: Government-issued IDs, such as driver's licenses or military IDs, are often accepted by notaries. The photo on the ID should match the signer's, and the signature on the ID should match the signature on the document. If the name on the ID doesn't match the name on the document, the signer can use the phrase "professionally known as" (PKA) or "formerly known as" (FKA). 

Personal knowledge: A notary can use their familiarity with the signer to identify them if they don't have identification documents. However, this can be vulnerable to fraud. 

Credible identifying witnesses: A witness can help identify a signer. 

When identifying a signer, it's also important to ensure the signer acts of their own free will and understands what's happening. 

Different states may have different requirements for acceptable forms of identification. 

Identifying the signer is an important step in performing a notarial act. The notary must be certain that the signer is who they claim to be and has the authority to sign the document. This can be a difficult step, especially if no state guidelines on what constitutes positive identification exists. If there are no state guidelines, the notary should rely on the procedures outlined in the chapter and exercise caution, prudence, and reasonable care in performing this most important of all Notary duties.

Methods of Identification

When identifying a signer, a notary can use their own knowledge of the signer or rely on "satisfactory evidence," which is either an identification document (an ID card) or a credible identifying witness.

Notaries are required to verify the identity of signers on documents that they notarize. They may use any of the three methods described below to do this. The methods are: Identification documents: The signer shows the notary one or more identification documents that bear the signer's name and photograph. Personal knowledge of the signer: The notary knows the signer personally and can identify them by sight. Credible identifying witnesses: The notary does not know the signer, but the signer is accompanied by one or more credible witnesses who can identify the signer.

Personal Knowledge of Identity

Most states consider the notary's own personal knowledge of the signer's identity to be the safest and most reliable basis for identifying a document signer. Personal familiarity with another individual over some time almost always assures true identity. The exception is California, which prohibits the use of personal knowledge to identify a signer.

State laws seldom provide a useful definition of "personal knowledge" when it comes to verifying the identity of a document signer. However, the courts have provided some helpful guidance on this matter. As a result, notaries public can now better understand their responsibilities in complying with state law.

The familiarity that a notary public uses to identify a document signer is based on a series of circumstances that surround the individual. These circumstances should create a familiarity with the individual that is derived from the notary's own personal knowledge and association with the individual. The notary should be able to recall the circumstances surrounding the individual and be able to describe them. The longer the notary has known the individual, the more confident the notary can be in relying on personal knowledge as a method to identify the individual. However, in general, notaries must rely on their own good sense in deciding whether document signers are personally known.

The Notary Public is authorized to determine whether a person is personally known to him or her. The determination is based on the Notary's personal knowledge of the person. For instance, the Notary might safely regard a longtime family friend and neighbor as personally known. However, it would be foolish to consider a person who met for the first time the previous day as such. A good friend from school known for several years might also be considered personally known. On the other hand, an informal introduction of a stranger by a coworker or employer simply does not constitute personal knowledge.

If you have any doubt about whether you personally know an individual, consider them unknown for the purpose of notarization and rely on another form of identification.

Identification Documents

An identification document, or ID, is a document that verifies a person's identity. Some examples of ID documents include: 

• Driver's license
• State ID
• Social security card
• Passport
• Military ID

Alien Resident Card

Other documents that can be used as proof of identification include: 

• Utility bill
• Bank statement
• Credit card statement
• Council tax bill
• Mortgage statement
• Court document
• Current lease

In the United States, a driver's license, state ID, or passport card can be used as a form of identification nationwide. 

Today, most business transactions occur between strangers, and notaries rely on identification documents, or ID cards, to verify the identity of signers. In most states, these documents are considered to be satisfactory evidence of identity and are equivalent to the notary's personal knowledge of the signer. However, in some states, notaries are required to personally know the signers and may not rely on identification documents. In these states, the notary must make a personal appearance before the signer and verify the signer's identity based on personal knowledge.

In the United States, there is no standard national identification document. Consequently, notaries must rely on a variety of identification documents issued by government and private agencies. These include passports from the U.S. Department of State, military identification from the U.S. Department of Defense, and driver's licenses and non-driver identification cards from state motor vehicle departments.

Notaries sometimes may rely on identification documents issued by colleges and universities (student IDs), large companies (employee IDs), and foreign governments (foreign passports and driver's licenses).

IN THIS VIDEO I WANT TO REMIND YOU THAT YOU NEED TO KNOW AND FOLLOW YOUR STATE NOTARY LAW!! The types of IDs legally acceptable for the purpose of notarization vary from state to state. A few states specify by name what identification documents are "legal" in these states, the Notary must follow this statutory list without exception and may not accept other IDs. Other states may suggest guidelines or give examples of acceptable IDs, allowing Notaries to use their own judgment. Most states offer no guidelines at all. In those jurisdictions, the Notary should check with the Notary-regulating office for specific requirements. If none exist, the guidelines in the following section should be followed.

Today, most

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.

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