NJ Notary Identifying Document Signers 2 — Questions and Answers
Question 1: Under New Jersey law, which of the following is an acceptable form of identification for a document signer appearing before a notary?
- A voter registration card with no photo
- An expired driver's license with clear photo
- A current U.S. passport (Correct answer)
- A credit card with the signer's name
Correct answer: A current U.S. passport
A current (unexpired) U.S. passport is government-issued photo ID and is acceptable satisfactory evidence of identity. Expired IDs and non-photo IDs generally are not acceptable.
New Jersey requires 'satisfactory evidence of identity' for notarial acts. A current U.S. passport qualifies as a government-issued photo ID with a physical description, signature, and serial number. An expired driver's license, voter registration card without a photo, and credit cards do not meet the standard. The key requirements are: government-issued, contains a photograph, and is current (not expired).
Question 2: A signer appears before a New Jersey notary but cannot produce a government-issued photo ID. The notary personally knows the signer well. What may the notary do?
- Refuse to notarize since only photo ID is accepted
- Proceed based on personal knowledge of the signer's identity (Correct answer)
- Require the signer to return with ID on another day only
- Ask the signer to write a sworn statement about their identity
Correct answer: Proceed based on personal knowledge of the signer's identity
Under NJ law, personal knowledge of the signer's identity is a recognized form of satisfactory evidence and allows the notary to proceed without a photo ID.
New Jersey's Notary Public Act recognizes the notary's personal knowledge of the signer as a valid method of establishing identity. If the notary has sufficient personal knowledge — meaning they know the person well enough to be confident of their identity — no government-issued ID is required. This is one of three methods recognized: (1) government-issued photo ID, (2) credible witness, or (3) personal knowledge.
Question 3: Under New Jersey law, which of the following describes a 'credible witness' used to identify a document signer?
- An attorney who has reviewed the document
- A person who personally knows the signer and is either known to the notary or provides satisfactory ID (Correct answer)
- Any person accompanying the signer to the notarization
- A law enforcement officer who has verified the signer's identity
Correct answer: A person who personally knows the signer and is either known to the notary or provides satisfactory ID
A credible witness must personally know the signer and must be either personally known to the notary or present satisfactory ID to the notary.
Under NJ's notarial law, a credible witness must: (1) personally know the signer well enough to vouch for their identity, and (2) be either personally known to the notary or present acceptable identification to the notary. The witness cannot be a party to the document, cannot have a financial interest in the transaction, and cannot be related to the notary. An attorney, law enforcement officer, or companion does not automatically qualify — they must meet these specific criteria.
Question 4: A New Jersey notary is presented with a foreign national ID from a country the notary is unfamiliar with. What should the notary consider?
- Foreign IDs are never acceptable under NJ law
- Whether the ID appears to be government-issued, contains a photo, and appears current and authentic (Correct answer)
- Only IDs from English-speaking countries are acceptable
- Whether the signer can provide a second piece of non-photo ID to supplement
Correct answer: Whether the ID appears to be government-issued, contains a photo, and appears current and authentic
New Jersey law does not limit acceptable IDs to US-issued documents. A foreign government-issued photo ID that appears current and authentic can qualify as satisfactory evidence of identity.
New Jersey's Notary Public Act defines satisfactory evidence of identity based on the characteristics of the ID, not its country of origin. A foreign government-issued ID can qualify if it: appears to be genuine, contains a photograph of the signer, includes a physical description or other identifying information, and is current (not expired). The notary uses reasonable care to evaluate the ID's authenticity. If the notary has significant doubts about the ID's authenticity, they may decline.
Question 5: Under New Jersey's Notary Public Act, what information must a government-issued photo ID contain to be acceptable for a notarial act?
- A photo, the person's name, and an expiration date
- A photo, the person's name, physical description or identifying information, signature, and a serial/ID number (Correct answer)
- A photo and the person's date of birth only
- A photo, address, and government seal
Correct answer: A photo, the person's name, physical description or identifying information, signature, and a serial/ID number
Satisfactory government-issued photo ID must include: a photo, name, physical description or other identifying information, signature, and a serial number or other identifier.
New Jersey law specifies that for a government-issued photo ID to constitute satisfactory evidence of identity, it must contain: a photograph of the person, the person's signature, the person's physical description or other information identifying them, a serial number or other identifier, and it must be current (not expired). This comprehensive set of requirements helps the notary confirm the ID is genuine and matches the signer.
Question 6: If a New Jersey notary doubts the authenticity of a signer's identification document, the notary should:
- Proceed since verifying ID authenticity is not the notary's job
- Refuse the notarial act until satisfactory evidence of identity can be established (Correct answer)
- Call local law enforcement to verify the ID
- Accept the ID but note the doubt in the journal only
Correct answer: Refuse the notarial act until satisfactory evidence of identity can be established
If the notary has reasonable doubts about the ID's authenticity or whether it actually belongs to the signer, the notary must refuse the act until satisfactory identity can be established.
Identity verification is a core notarial duty. If a notary has reasonable grounds to doubt that an ID is genuine, belongs to the signer, or otherwise qualifies as satisfactory evidence of identity, the notary must decline to proceed with the notarial act. Proceeding despite doubts could expose the notary to liability if the ID was fraudulent. The notary should request alternative acceptable identification or use another recognized method of identity verification.
Under New Jersey law, which of the following is an acceptable form of identification for a document signer appearing before a notary?