Notaries have a crucial role in verifying the identity of signers to prevent fraud and ensure the integrity of notarized documents.
Here are the general guidelines for accepting signer identification:
1. Acceptable forms of identification
Commonly accepted IDs include state-issued driver's licenses or ID cards, U.S. Passports or Passport Cards, and U.S. Military Identification Cards. Permanent Resident Cards are also accepted and include a photo. Other valid options may include certain government-issued IDs, foreign passports (depending on state rules), Canadian or Mexican driver's licenses, and IDs approved by the U.S. Department of Homeland Security. For individuals in custody, an inmate ID from the Department of Corrections or Federal Bureau of Prisons may be acceptable.
2. Key features required on ID
Acceptable identification typically requires a clear photograph, a physical description that matches the signer, and the signer's signature. While not always legally required, it is recommended that the ID be unexpired.
3. Unacceptable forms of ID
IDs generally not accepted include Social Security cards, birth and marriage certificates, credit cards, school IDs, library cards, and temporary driver's licenses.
4. Handling potential discrepancies
Notaries should carefully examine IDs for any signs of tampering and ensure the photo and description match the signer. Observing the signer's behavior and asking questions can help verify identity. Requesting a secondary form of identification is an option if there are concerns.
5. Credible witnesses
If a signer lacks acceptable ID, some states permit the use of credible witnesses who personally know the signer. These witnesses may need to provide their own valid ID and take an oath, with specific requirements varying by state.
6. Refusing notarization
Notaries must refuse notarization if they are not confident in the signer's identity. Other grounds for refusal include the signer not being physically present, suspicion of fraud, the signer appearing coerced or lacking capacity, incomplete documents, or a conflict of interest for the notary. Refusal based on discrimination is not permitted.
Important Note: Notaries should always prioritize their state's specific laws and regulations regarding acceptable forms of identification and the notarization process.
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