RI Notary Identification and Verification 1 — Questions and Answers
Question 1: Which of the following is an acceptable form of identification for a Rhode Island notary when verifying a signer's identity?
- A social security card
- A utility bill with the signer's name and address
- A government-issued photo ID, such as a driver’s license or passport (Correct answer)
- A business card from the signer’s employer
Correct answer: A government-issued photo ID, such as a driver’s license or passport
Rhode Island notary law, like most states, requires reliable identification to verify a signer's identity. Government-issued photo IDs such as a driver's license, state ID card, or passport are considered the most secure and acceptable forms. These documents contain security features and are issued by official authorities, making them highly trustworthy for identity verification.
Question 2: What should a notary do if a signer presents an ID that is expired?
- Accept the expired ID if the signer is known to the notary.
- Refuse to use the expired ID and request a current, valid ID. (Correct answer)
- Accept the expired ID and proceed with the notarization if the signer provides additional documentation.
- Notarize the document based on the signer's verbal confirmation alone.
Correct answer: Refuse to use the expired ID and request a current, valid ID.
An expired ID is no longer considered valid proof of current identity. Notaries must ensure that the identification presented is current and unexpired to reliably establish the signer's identity at the time of the notarial act. Accepting an expired ID could lead to questions about the validity of the notarization and the notary's due diligence.
Question 3: If a signer is unable to physically sign due to a disability but can make a mark, what should the notary do?
- The notary should sign the document on behalf of the signer.
- The notary should witness the signer making the mark and then notarize the document. (Correct answer)
- The notary should have someone else sign on behalf of the signer.
- The notary should refuse to notarize the document if the signer cannot sign.
Correct answer: The notary should witness the signer making the mark and then notarize the document.
If a signer is physically unable to write their full signature due to a disability, they are permitted to make a mark (such as an 'X') as their legal signature. The notary must personally witness the signer making this mark directly on the document. This ensures the mark is the signer's intentional act, allowing the notarization to proceed while accommodating individuals with physical limitations.
Question 4: What action should a notary take if they are presented with a document to be notarized but the signer's name on the document does not exactly match the name on the ID?
- Proceed with the notarization and note the discrepancy in the notarial journal. (Correct answer)
- Proceed with the notarization and note the discrepancy in the notarial journal.
- Accept the document as long as the signer provides additional proof of identity.
- Notarize the document based on the signer's verbal explanation of the discrepancy.
Correct answer: Proceed with the notarization and note the discrepancy in the notarial journal.
Minor discrepancies between a signer's name on a document and their identification can sometimes occur (e.g., middle initial vs. full middle name). If the notary is satisfied that the person is indeed the individual named in the document, they can proceed with the notarization. It is crucial, however, to meticulously note the discrepancy in the notarial journal to maintain a complete and transparent record.
Question 5: What should a notary do if they are asked to notarize a document for a person who is not present but is represented by an attorney?
- Notarize the document based on the attorney’s representation alone.
- Refuse to notarize the document if the person is not present.
- Notarize the document if the attorney provides a notarized power of attorney document.
- Require the person to be present for the notarization, regardless of the attorney’s involvement. (Correct answer)
Correct answer: Require the person to be present for the notarization, regardless of the attorney’s involvement.
A notary's fundamental duty is to verify the identity and willingness of the signer in person. An attorney's representation, even with a power of attorney, does not substitute for the physical presence of the individual whose signature is being notarized. The notary must directly observe the signing and confirm the signer's identity to prevent fraud.
RI Notary Identification and Verification 1
Which of the following is an acceptable form of identification for a Rhode Island notary when verifying a signer's identity?