SC Notary - South Carolina Notary Identifying Document Signers Questions and Answers — Questions and Answers
Question 1: A signer appears before a South Carolina notary but does not have an acceptable form of identification. The signer's spouse is present and is personally known to the notary. The spouse offers to vouch for the signer's identity. What is this method of identification called?
- Personal Knowledge
- Verification on Oath of a Credible Witness (Correct answer)
- Subscribing Witness Identification
- Satisfactory Acquaintance
Correct answer: Verification on Oath of a Credible Witness
According to South Carolina law, when a notary does not have personal knowledge of a signer, they may use a 'credible witness' to identify the signer. A credible witness is someone who is personally known to the notary and who can swear or affirm to the identity of the principal signer.
Question 2: Which of the following is NOT an acceptable document for identifying a signer for a traditional notarial act in South Carolina?
- A valid foreign passport with a photograph
- A current U.S. military identification card
- A university-issued student photo ID card (Correct answer)
- A current South Carolina driver's license
Correct answer: A university-issued student photo ID card
South Carolina law requires that identification documents be issued by a federal or state government agency and contain a photographic image and signature. A university-issued student ID is not issued by a state or federal government agency and is therefore not considered 'satisfactory evidence' of identity.
Question 3: Under South Carolina law, what does 'personal knowledge' of a signer's identity mean for a notary public?
- The notary has met the signer once before in a professional setting.
- The signer was referred to the notary by a trusted colleague.
- The notary has a signed affidavit from the signer attesting to their identity.
- The notary has familiarity with the individual from interactions over time sufficient to eliminate reasonable doubt. (Correct answer)
Correct answer: The notary has familiarity with the individual from interactions over time sufficient to eliminate reasonable doubt.
South Carolina Code § 26-1-5(14) defines 'personal knowledge' as familiarity with an individual resulting from interactions over a period of time sufficient to eliminate any reasonable doubt that the individual has the identity claimed. It is a higher standard than a brief or single encounter.
Question 4: A signer, who is a citizen of another country, presents a valid, unexpired passport issued by their home country's government. The passport contains a photo and the signer's signature. Is this an acceptable form of identification for a notarization in South Carolina?
- No, because the passport was not issued by a U.S. federal or state agency.
- Yes, because a current passport is explicitly listed as an acceptable form of identification. (Correct answer)
- No, because the notary cannot verify the security features of a foreign document.
- Yes, but only if the signer also provides a secondary form of U.S.-issued identification.
Correct answer: Yes, because a current passport is explicitly listed as an acceptable form of identification.
The South Carolina Notary Public Reference Manual and state law specify that a current passport is a form of satisfactory evidence for identifying a signer. The law for traditional notarizations does not stipulate that the passport must be issued by the United States.
Question 5: A notary is asked to perform a notarization for a person who has an expired South Carolina driver's license. The photo clearly matches the signer. What is the correct action for the notary to take?
- Accept the license since the photo is a clear match.
- Refuse to notarize based on the expired ID and ask for a different, current form of identification. (Correct answer)
- Proceed with the notarization but make a note in the journal that the ID was expired.
- Ask the signer to get a temporary license from the DMV before returning.
Correct answer: Refuse to notarize based on the expired ID and ask for a different, current form of identification.
South Carolina law requires identification documents to be 'current'. An expired driver's license is not current and is therefore not acceptable as satisfactory evidence of identity. The notary must refuse the ID and request a current, valid one or use another identification method like a credible witness.
Question 6: When using a credible witness to identify a principal signer, what is the primary requirement for the witness according to South Carolina notary law?
- The witness must be a family member of the signer.
- The witness must sign an affidavit of identity.
- The witness must be personally known to the notary. (Correct answer)
- The witness must present two forms of their own identification.
Correct answer: The witness must be personally known to the notary.
South Carolina law specifies that a credible witness must be an individual who is personally known to the notary. The notary's personal knowledge of the witness is what allows the notary to trust the witness's sworn statement about the signer's identity.
SC Notary - South Carolina Notary Identifying Document Signers Questions and Answers
A signer appears before a South Carolina notary but does not have an acceptable form of identification.
The signer's spouse is present and is personally known to the notary.
The spouse offers to vouch for the signer's identity.
What is this method of identification called?