Properly Identifying Signers Flashcards

A signer presents a valid, state-issued driver's license. The physical description on the ID lists the signer as having brown hair, but the person before you has blonde hair. All other elements of the ID, including the photo and signature, appear to match the signer. What is the appropriate course of action?

Answer: Proceed with the notarization, as hair color is a changeable feature and other elements match.

The NNA recommends that notaries focus on fixed facial features like the nose, ears, and eyes when comparing a signer to their ID photo, as characteristics like hair color and weight can change. Since the other critical elements of the ID match the signer, it is reasonable to proceed.

Which of the following is NOT one of the three primary methods for a Notary to identify a signer?

Answer: Verification through a signed affidavit from the signer's employer

The three recognized methods for identifying a signer are through personal knowledge, satisfactory evidence via an identification card, or the use of credible identifying witnesses. An affidavit from an employer is not a standard or acceptable method for signer identification in notarization.

A signer does not have an acceptable form of identification. They bring a friend who has known them for ten years to serve as a credible identifying witness. The witness personally knows the signer but does not personally know the Notary. According to the laws of most states that allow this practice, what must the credible witness do?

Answer: Present their own satisfactory identification to the Notary.

When a credible witness is not personally known to the Notary, they must present their own valid, satisfactory identification (such as a driver's license or passport) to the Notary. The witness is then placed under oath to affirm the identity of the signer. State laws vary on whether one or two witnesses are needed in this situation.

In a state that has not adopted RULONA (Revised Uniform Law on Notarial Acts) and has no specific statute regarding expired IDs, a signer presents a driver's license that expired two months ago. What is the NNA-recommended best practice?

Answer: Refuse to accept the expired ID and request a current, valid form of identification.

If a state's laws do not provide specific guidance on accepting expired IDs, the NNA recommends as a professional standard of practice that notaries only accept unexpired identification. This is the most prudent course of action to prevent potential fraud and liability.

All of the following are generally required elements for an acceptable, non-documentary form of identification EXCEPT:

Answer: The bearer's residential address

While many IDs include an address, the NNA and most state laws identify a photograph, a physical description, and the person's signature as the key elements for a Notary to verify a signer's identity. The residential address is not considered a primary element for the purpose of identity verification during a notarization.

Under what circumstances may a Notary identify a signer through 'personal knowledge'?

Answer: When the Notary has a long-standing relationship with the signer sufficient to provide reasonable certainty of their identity.

Personal knowledge is defined as having an acquaintance derived from association with the individual over time which establishes the individual's identity with reasonable certainty. It implies a relationship beyond a brief or single encounter. All states except California allow identification through personal knowledge.