Properly Identifying Signers Flashcards

A hospitalized signer's driver's license expired three years ago. What is the general guidance?

Answer: Follow state law; some states accept recently expired IDs, others require current ones

Rules on expired IDs vary by state, and many require IDs to be current or issued within a certain period.

Which situation requires the signer to be physically present before a traditional (non-remote) notary?

Answer: Every traditional notarization, including acknowledgments and jurats

Personal appearance is a fundamental requirement so the notary can identify the signer face to face.

A caller says the signer is too busy to come in but will send their ID by email. What should the notary do?

Answer: Refuse, because the signer must appear and present the original ID

Unless a lawful remote notarization is done, the signer must appear in person and be identified directly.

When comparing a signer to their ID, what should the notary check besides the photo?

Answer: Physical description, signature, and any signs of tampering

Height, eye color, signature similarity, and card integrity all help confirm the ID belongs to the presenter.

Who bears the responsibility for determining that a signer was properly identified?

Answer: The notary

The notary personally certifies identification and may be liable for failing to use reasonable care.

In a proof of execution by subscribing witness, whom must the notary identify?

Answer: The subscribing witness who appears before the notary

The subscribing witness appears and must be identified, usually by personal knowledge or a credible witness depending on state law.

A signer with a valid ID seems confused and keeps asking the companion what the document is. Beyond identity, what should concern the notary?

Answer: Whether the signer is aware and willing to sign

A valid ID confirms identity, but the notary must also be satisfied that the signer is aware of what they're signing and is signing willingly.