GA Notary - Georgia Notary Verifying Signer Identity Questions and Answers 1 — Questions and Answers
Question 1: A signer appears before a Georgia notary, but they do not have an acceptable form of identification. The notary has known the signer for over ten years through a local community organization. Under Georgia law, how may the notary proceed?
- Refuse to notarize the document until the signer presents a valid government-issued photo ID.
- Proceed with the notarization based on personal knowledge of the signer's identity. (Correct answer)
- Allow the signer's spouse to vouch for their identity.
- Accept a signed affidavit from the signer attesting to their own identity.
Correct answer: Proceed with the notarization based on personal knowledge of the signer's identity.
Georgia law allows a notary public to confirm the identity of a document signer based on the notary's personal knowledge. 'Personal knowledge' means having a long-standing acquaintance with the individual that leaves no doubt about their identity.
Question 2: Which of the following is an unacceptable document for verifying a signer's identity for a notarial act in Georgia?
- A valid Georgia driver's license.
- A U.S. military identification card.
- A student ID card from a private university. (Correct answer)
- A Veterans Health Identification Card issued by the U.S. Department of Veterans Affairs.
Correct answer: A student ID card from a private university.
As of the legal update effective January 1, 2025, Georgia law requires verification using a government-issued photo identification document. A student ID from a private university is not government-issued. Acceptable forms include a valid driver's license, a state-issued personal identification card, or a military ID card like the Veterans Health ID card.
Question 3: A Georgia notary is asked to notarize a document for an individual they have never met. The signer presents a valid, unexpired passport from the United Kingdom. According to Georgia law, what should the notary do?
- Accept the passport as it is a valid government-issued photo ID.
- Refuse the notarization because a foreign passport is not explicitly listed as acceptable. (Correct answer)
- Proceed with the notarization but make a note in the journal about the foreign ID.
- Ask the signer to provide a secondary form of identification, such as a credit card.
Correct answer: Refuse the notarization because a foreign passport is not explicitly listed as acceptable.
While a foreign passport is a government-issued photo ID, Georgia's law specifically lists a valid driver's license, a state-issued personal ID card, or a military ID card as examples. The law emphasizes verification through a 'government issued photo identification document' but the provided examples are all from U.S. governmental bodies. To be safe and strictly adhere to the explicit text, the notary should refuse and request one of the listed U.S. government-issued IDs. The prior vague 'satisfactory evidence' standard was replaced to create more clarity.
Question 4: Under Georgia law (O.C.G.A. § 45-17-8), a notary must confirm the identity of a document signer. Which of the following methods replaced the vague 'satisfactory evidence' standard?
- Verification through two credible witnesses.
- Confirmation via a live video conference.
- Verification of a government-issued photo identification document. (Correct answer)
- Acceptance of a sworn statement from the signer.
Correct answer: Verification of a government-issued photo identification document.
Recent changes to Georgia notary law, effective January 1, 2025, eliminated the ambiguous 'satisfactory evidence' standard for identifying signers. The law now explicitly requires identity confirmation through either personal knowledge or 'verification of a government issued photo identification document.'
Question 5: A man requires a document notarized for a real estate transaction. He presents an expired Georgia driver's license to the notary. The picture is clearly him, and all information is legible. What is the appropriate action for the Georgia notary to take?
- Accept the license since the photo is a clear match.
- Ask for a second, non-photo ID to supplement the expired license.
- Proceed, but only if the signer is also personally known to the notary.
- Reject the expired license and request a current, valid form of identification. (Correct answer)
Correct answer: Reject the expired license and request a current, valid form of identification.
Georgia law specifies that a government-issued photo ID, such as a driver's license, must be 'valid.' An expired license is not valid. Therefore, the notary must refuse the expired ID and ask the signer to provide a current, unexpired form of acceptable identification.
Question 6: When must a Georgia notary primarily rely on verifying a government-issued photo ID for identification?
- Only when the signer is acting as a 'self-filer' in a real estate transaction.
- For every notarial act, without exception.
- When the notary does not have personal knowledge of the signer's identity. (Correct answer)
- Only when the document is being sent out of state.
Correct answer: When the notary does not have personal knowledge of the signer's identity.
A Georgia notary has two primary ways to identify a signer: personal knowledge or verifying a government-issued photo ID. If the notary does not personally know the signer sufficiently to be certain of their identity, the notary must then require and verify an acceptable government-issued photo identification document.
GA Notary - Georgia Notary Verifying Signer Identity Questions and Answers 1
A signer appears before a Georgia notary, but they do not have an acceptable form of identification.
The notary has known the signer for over ten years through a local community organization.
Under Georgia law, how may the notary proceed?