MO Notary - Missouri Notary Proper Signer Identification Questions and Answers — Questions and Answers
Question 1: A signer appears before a Missouri notary for an acknowledgment but does not have an acceptable form of identification. The signer's spouse is present and offers to act as a credible witness. The notary has known the spouse for several years. According to Missouri law, why would using the spouse as a credible witness be improper?
- A credible witness cannot be personally known to the notary.
- The spouse may have a financial interest in the transaction, making them not impartial. (Correct answer)
- A credible witness must be a blood relative of the signer.
- Missouri law requires two credible witnesses if the signer lacks ID, never just one.
Correct answer: The spouse may have a financial interest in the transaction, making them not impartial.
Missouri Revised Statutes (RSMo 486.600(7)) define a credible witness as an 'impartial' person. A spouse often has a direct or indirect interest in the document or transaction being notarized and may not be considered disinterested or impartial. While a single credible witness is allowed if personally known to the notary, their impartiality is a key requirement.
Question 2: Under Missouri law, which of the following best defines 'personal knowledge of identity' for the purpose of identifying a signer?
- Having met the signer once at a community event.
- Recognizing the signer from a photo on social media.
- Familiarity with an individual resulting from interactions over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed. (Correct answer)
- Being formally introduced to the signer by a trusted colleague just before the notarization.
Correct answer: Familiarity with an individual resulting from interactions over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed.
RSMo 486.600(17) explicitly defines 'Personal knowledge of identity' as 'familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed.' Brief or second-hand acquaintance is not sufficient.
Question 3: A principal appears before a Missouri notary and presents several documents for identification. Which of the following is an example of 'satisfactory evidence' of identity?
- A U.S. Social Security card combined with a credit card that has a photo.
- A valid, unexpired passport issued by the Canadian government.
- A current, state-issued driver's license bearing a photographic image, signature, and physical description. (Correct answer)
- A student ID card from a private university and a signed birth certificate.
Correct answer: A current, state-issued driver's license bearing a photographic image, signature, and physical description.
According to RSMo 486.600(21)(a), 'satisfactory evidence' includes at least one current document issued by a federal, state, or tribal government bearing the photographic image of the individual's face, their signature, and a physical description. A state-issued driver's license meets these criteria. Foreign-issued IDs (other than a properly stamped passport) and non-government IDs are not acceptable.
Question 4: A signer who is unknown to the notary and lacks proper identification brings two individuals to serve as credible witnesses. To properly identify the signer using this method, the notary must:
- Personally know both of the credible witnesses.
- Require the two witnesses to sign an affidavit, but not require them to present their own identification.
- Administer an oath or affirmation to the two witnesses, who must each personally know the signer and present satisfactory documentary identification to the notary. (Correct answer)
- Accept the witnesses' verbal confirmation and record their phone numbers in the journal.
Correct answer: Administer an oath or affirmation to the two witnesses, who must each personally know the signer and present satisfactory documentary identification to the notary.
RSMo 486.600(21)(b) specifies that if two credible witnesses are used, they must be disinterested parties who each personally know the individual. The notary does not need to personally know them, but the witnesses must show the notary their own documentary identification that qualifies as 'satisfactory evidence.' The notary must also administer an oath or affirmation to them.
Question 5: A notary is asked to notarize a signature for an individual they have never met. The individual presents a valid Missouri non-driver ID card that contains a photo, signature, and physical description. Which of the following is the notary's primary responsibility in this situation?
- Contact the issuing agency to verify the ID is authentic.
- Carefully compare the photograph and physical description on the ID with the person present. (Correct answer)
- Require the signer to provide a second form of identification for confirmation.
- Refuse the notarization because the signer is not personally known.
Correct answer: Carefully compare the photograph and physical description on the ID with the person present.
When relying on an identification document, the notary's fundamental duty is to determine that the person appearing before them is the same person pictured and described on the ID. This is the core of verifying identity through satisfactory evidence. A notary is not required to be an expert in document authentication but must exercise reasonable care in comparing the signer to the provided ID.
Question 6: Which of the following is NOT an authorized method for a Missouri notary to verify the identity of a principal?
- The notary's personal knowledge of the principal.
- The oath of one credible witness who is personally known to the notary.
- Verification of a signature from a signature guarantee medallion program (STAMP). (Correct answer)
- Presentation of a current U.S. passport that includes a photograph and signature.
Correct answer: Verification of a signature from a signature guarantee medallion program (STAMP).
Missouri law specifies three ways to identify a signer: personal knowledge, satisfactory evidence (like a passport), or the use of one or two credible witnesses. A signature guarantee is a distinct financial process and is not a legally recognized method for a notary to identify a signer for a notarial act under Missouri's notary statutes.
MO Notary - Missouri Notary Proper Signer Identification Questions and Answers
A signer appears before a Missouri notary for an acknowledgment but does not have an acceptable form of identification.
The signer's spouse is present and offers to act as a credible witness.
The notary has known the spouse for several years.
According to Missouri law, why would using the spouse as a credible witness be improper?