IN Notary Identifying Signers and Credibility 2 — Questions and Answers
Question 1: Which document is acceptable as satisfactory evidence of identity for a signer in Indiana?
- A photocopy of a passport
- An expired driver's license from 3 years ago
- A current state-issued photo identification card (Correct answer)
- A credit card with the person's name
Correct answer: A current state-issued photo identification card
A current state-issued photo identification card is a valid government-issued ID that constitutes satisfactory evidence of identity.
Under Indiana Code 33-42-9, satisfactory evidence of identity includes a passport, driver's license, or government-issued nondriver identification card that is current or expired not more than 3 years, has a photograph, has the signature of the individual, and is satisfactory to the notary. A photocopy of a passport is not the actual document, an expired ID more than 3 years old is invalid, and a credit card without a photo does not meet the standard. A current state-issued photo ID card meets all requirements.
Question 2: A signer approaches an Indiana notary without any identification. The signer offers a credible witness who personally knows the signer and who is personally known to the notary. May the notary proceed?
- No, because a government-issued ID is always required
- Yes, because a credible witness personally known to the notary is a valid identification method (Correct answer)
- Yes, but only if two credible witnesses are provided
- No, because credible witnesses can only be used for remote online notarizations
Correct answer: Yes, because a credible witness personally known to the notary is a valid identification method
Indiana law allows identification through a single credible witness who is personally known to the notary and personally knows the signer.
Indiana Code 33-42-9 provides that satisfactory evidence of identity may be established through an oath or affirmation of a credible witness who is personally known to the notary and who personally knows the individual. This is a valid alternative to documentary identification. The witness must be personally known to BOTH the notary (so the notary knows the witness's identity and credibility) AND personally know the signer. One credible witness known to the notary is sufficient under Indiana law.
Question 3: An Indiana notary personally knows a signer from years of professional interactions. The signer has no ID available. Can the notary use personal knowledge as identification?
- No, Indiana law requires a government-issued ID in all cases
- Yes, personal knowledge of the signer is a valid basis for identification under Indiana law (Correct answer)
- Yes, but only if the notary documents it with a written statement signed by the signer
- No, because personal knowledge is too subjective and is never allowed
Correct answer: Yes, personal knowledge of the signer is a valid basis for identification under Indiana law
Indiana allows a notary to identify a signer based on the notary's own personal knowledge of the individual.
Indiana Code 33-42-9 includes personal knowledge by the notary as a method of establishing satisfactory evidence of identity. If the notary personally knows the signer — meaning the notary can independently vouch for the signer's identity based on prior acquaintance — a government-issued ID is not required. The notary should note this basis in their journal entry for the transaction. Personal knowledge is a long-recognized and legitimate identification method in notarial practice.
Question 4: What is the primary purpose of requiring identity verification before a notarial act in Indiana?
- To ensure the notary is compensated appropriately for their service
- To prevent fraud by confirming the person signing is who they claim to be (Correct answer)
- To create a legal record of the signer's home address
- To give the notary grounds to refuse service to unfamiliar individuals
Correct answer: To prevent fraud by confirming the person signing is who they claim to be
Identity verification prevents fraud and ensures the person executing the document is genuinely who they claim to be.
The fundamental purpose of requiring identity verification before performing a notarial act is fraud prevention. By confirming the signer's identity, the notary provides assurance that the person executing the document is who they claim to be — not an impostor. This protects all parties involved in transactions, upholds the integrity of legal documents, and helps prevent identity theft, forgery, and fraudulent conveyances. Indiana's satisfactory evidence standards are designed to strike a balance between security and practicality.
Question 5: If a signer presents a U.S. passport that expired 18 months ago, may an Indiana notary accept it as satisfactory evidence of identity?
- No, because all government IDs must be currently valid with no expiration
- Yes, because Indiana allows IDs expired not more than 3 years (Correct answer)
- Yes, but only if combined with a second form of ID
- No, because passports are federal documents and cannot be used by state notaries
Correct answer: Yes, because Indiana allows IDs expired not more than 3 years
Indiana allows identification documents that are expired by no more than 3 years, so a passport expired 18 months ago is still acceptable.
Indiana Code 33-42-9 specifies that satisfactory evidence of identity includes a passport or similar government-issued document that is 'current or expired not more than 3 years before the performance of the notarial act.' A passport expired 18 months ago is well within the 3-year grace period and is therefore acceptable. This provision recognizes that people sometimes let IDs lapse while still maintaining their identity, and a recently expired ID with photo and signature can still reliably establish identity.
Question 6: An Indiana notary encounters a signer who presents an identification card but whose appearance differs significantly from the photo. What should the notary do?
- Accept the ID since the name matches and proceed with notarization
- Use professional judgment and may refuse if genuinely uncertain about the signer's identity (Correct answer)
- Always accept any government-issued ID regardless of appearance discrepancy
- Call the police before making any decision
Correct answer: Use professional judgment and may refuse if genuinely uncertain about the signer's identity
The notary must exercise professional judgment. If the notary has genuine doubt about the signer's identity, the notary may and should refuse the notarial act.
A notary has both the right and the responsibility to exercise professional judgment when evaluating identification. If a notary has genuine, reasonable doubt about whether the person presenting the ID is actually the person named on the ID — due to appearance discrepancy, inconsistent demeanor, or other concerns — the notary may refuse to perform the notarial act. Proceeding with knowledge of doubt could make the notary complicit in fraud. The notary should decline politely and suggest the signer obtain a current, updated form of identification.
IN Notary Identifying Signers and Credibility 2
Which document is acceptable as satisfactory evidence of identity for a signer in Indiana?