IN Notary - Indiana Notary Identifying Signers and Credibility Questions and Answers 1 — Questions and Answers
Question 1: A signer appears before an Indiana notary but does not have an acceptable form of identification. The signer's close friend is present and offers to vouch for the signer's identity. Under what condition may the notary use this person as a credible witness?
- The witness is personally known to the signer and provides a verbal confirmation of the signer's identity.
- The witness is personally known to the notary or presents satisfactory evidence of their own identity to the notary. (Correct answer)
- The witness is a family member of the signer and is not a party to the transaction.
- The witness signs an affidavit stating they have known the signer for over five years.
Correct answer: The witness is personally known to the notary or presents satisfactory evidence of their own identity to the notary.
According to the Indiana Notary Public Guide, a credible witness is someone the notary personally knows OR someone who can be identified by the notary through an acceptable identification document. The witness must then swear or affirm that they personally know the signer.
Question 2: Which of the following is an unacceptable document for verifying a signer's identity for a notarial act in Indiana?
- A valid U.S. Passport Book
- A student identification card from a state university (Correct answer)
- A driver's license issued by another U.S. state that expired one year ago
- An Alien Registration Card (Green Card) with a photo
Correct answer: A student identification card from a state university
Student identification cards are not considered acceptable forms of ID for notarization in Indiana because they are not government-issued identity documents. Acceptable IDs include government-issued documents like passports, driver's licenses (even if expired up to three years), and permanent resident cards.
Question 3: An Indiana notary is asked to notarize a document for an individual they have known socially for many years as their neighbor. Under Indiana law, when is it appropriate for the notary to identify this signer based on "personal knowledge"?
- When the notary has seen the signer's ID in the past.
- When the notary has a casual acquaintance with the signer.
- When the notary has transacted sufficient prior business with the individual to know their identity. (Correct answer)
- Only if the signer is an immediate family member.
Correct answer: When the notary has transacted sufficient prior business with the individual to know their identity.
Indiana Code 33-42-9-4(a) defines personal knowledge as instances where the individual is personally known to the notarial officer or the officer has transacted sufficient, prior business with the individual to know their identity. A casual acquaintance or having seen an ID in the past is not sufficient.
Question 4: A man presents a valid, unexpired Indiana driver's license as identification for a notarization. The physical description on the license is accurate, but the photo shows him without the full beard he has now. What is the most appropriate action for the notary to take?
- Refuse the notarization because the photo is not an exact match.
- Ask the signer to shave his beard before proceeding.
- Accept the ID, as changes in hairstyle or facial hair are common and the ID is otherwise valid. (Correct answer)
- Require a second form of identification or a credible witness.
Correct answer: Accept the ID, as changes in hairstyle or facial hair are common and the ID is otherwise valid.
A notary's duty is to determine from the evidence presented that the person is who they claim to be. Minor changes in appearance, such as growing facial hair, do not invalidate an otherwise current, government-issued photo ID. The notary should be satisfied as long as the ID reasonably identifies the signer.
Question 5: According to Indiana Code, an acceptable identification document, such as a driver's license or passport, can be expired, but not for more than how long before the notarial act?
- Six months
- One year
- Three years (Correct answer)
- Five years
Correct answer: Three years
Indiana Code 33-42-9-4(b)(1) explicitly states that a notarial officer may authenticate the identity of an individual by inspecting a passport, driver's license, or government-issued ID card that, if expired, has not been expired for more than three years.
Question 6: When using a credible witness to identify a principal for a remote online notarization in Indiana, which of the following is required?
- The credible witness must be a blood relative of the principal.
- The credible witness must be physically present in the same room as the notary.
- The credible witness must be identified by the notary through personal knowledge or a multi-step identity verification process. (Correct answer)
- The credible witness must sign a paper affidavit that is mailed to the notary after the session.
Correct answer: The credible witness must be identified by the notary through personal knowledge or a multi-step identity verification process.
For remote notarizations, if a credible witness is used, the witness must either be personally known to the remote notary or be identified through the same rigorous process as a principal, which includes credential analysis and identity proofing. The entire process is conducted via audio-visual communication, so physical presence is not required.
IN Notary - Indiana Notary Identifying Signers and Credibility Questions and Answers 1
A signer appears before an Indiana notary but does not have an acceptable form of identification.
The signer's close friend is present and offers to vouch for the signer's identity.
Under what condition may the notary use this person as a credible witness?