UT Notary Signer Identification Requirements 2 — Questions and Answers
Question 1: Which form of identification is explicitly recognized as 'satisfactory evidence' of identity under Utah Code § 46-1-2?
- A library card with photo
- A current passport issued by a foreign government (Correct answer)
- A utility bill with the signer's name and address
- A social media profile with a profile photo
Correct answer: A current passport issued by a foreign government
Utah Code § 46-1-2 recognizes a current passport issued by a foreign government as satisfactory evidence of identity.
Utah Code § 46-1-2 defines 'satisfactory evidence' of identity to include government-issued photo ID with signature — such as a driver license, state ID, U.S. passport, or foreign government passport. Documents without photo or signature, or non-government-issued documents, do not qualify as satisfactory evidence.
Question 2: What is the 'credible witness' method of identification under Utah law?
- The signer identifies themselves by business card
- A person known to the notary swears under oath that the signer is who they claim to be (Correct answer)
- Two strangers to the notary vouch for the signer
- The notary relies on the signer's employee badge
Correct answer: A person known to the notary swears under oath that the signer is who they claim to be
A credible witness is a person personally known to the notary who takes an oath swearing to the signer's identity when the signer lacks acceptable ID.
Under Utah Code § 46-1-2, when a signer cannot produce satisfactory ID, a credible witness who is personally known to the notary may take an oath identifying the signer. The credible witness must swear or affirm that: (1) they personally know the signer, (2) the signer lacks acceptable ID, and (3) they believe notarizing the document will not facilitate fraud. The notary must record the credible witness's name and oath in the journal.
Question 3: A signer presents a driver license that expired 6 months ago. What should the Utah notary do?
- Accept it since it still has a photo
- Reject it and require a current, valid ID (Correct answer)
- Accept it if the signer also provides a utility bill
- Accept it if the signer verbally confirms their identity
Correct answer: Reject it and require a current, valid ID
Satisfactory evidence under Utah Code § 46-1-2 requires a current (not expired) government-issued photo ID. An expired document does not meet this standard.
Utah Code § 46-1-2 specifies that satisfactory evidence of identity requires a current government-issued document containing a photo and signature. An expired driver license no longer qualifies as 'current' and does not satisfy the identification requirement. The notary should ask the signer for a non-expired government-issued ID before proceeding.
Question 4: Personal knowledge as a basis for identifying a signer in Utah means the notary:
- Has seen the signer's photo online
- Knows the signer through professional dealings in the past week
- Has personal, direct knowledge of the signer's identity through prior acquaintance (Correct answer)
- Recognizes the signer from a public record
Correct answer: Has personal, direct knowledge of the signer's identity through prior acquaintance
Personal knowledge requires the notary to have direct, firsthand knowledge of the signer's identity based on prior acquaintance, not merely casual recognition.
Utah Code § 46-1-2 allows a notary to identify a signer through personal knowledge — meaning the notary has direct, firsthand knowledge of the person's identity based on a genuine prior acquaintance. This does not include seeing someone's photo online or having met them once briefly. The notary must have a reliable basis for knowing who the person is.
Question 5: If a signer cannot produce acceptable identification, which TWO methods may a Utah notary use to establish identity?
- Personal knowledge of the notary OR a credible witness known to the notary (Correct answer)
- Two utility bills OR an employer letter
- A sworn statement by the signer OR a fingerprint scan
- A credit card OR a student ID
Correct answer: Personal knowledge of the notary OR a credible witness known to the notary
Utah Code § 46-1-2 allows identity to be established through personal knowledge of the notary or through the oath of a credible witness known to the notary.
When acceptable government-issued ID is unavailable, Utah Code § 46-1-2 provides two alternatives: (1) personal knowledge — the notary has direct knowledge of the signer's identity from prior acquaintance, or (2) credible witness — a person personally known to the notary takes an oath identifying the signer. Both methods substitute for documentary ID and must be documented in the notary's journal.
Question 6: Can a Utah notary rely solely on a signer's verbal statement of their own name as satisfactory identification?
- Yes, if the signer appears trustworthy
- Yes, if the notary records it in the journal
- No, verbal self-identification alone does not constitute satisfactory evidence under Utah law (Correct answer)
- Yes, for documents valued under $1,000
Correct answer: No, verbal self-identification alone does not constitute satisfactory evidence under Utah law
Utah Code § 46-1-2 requires objective evidence of identity — personal knowledge, acceptable ID, or a credible witness — not a mere verbal declaration by the signer.
Utah law requires satisfactory evidence of a signer's identity based on objective means: government-issued ID, personal knowledge of the notary, or a credible witness. A signer simply stating their own name is not satisfactory evidence because it provides no independent verification. Relying on verbal self-identification could enable fraud and would not satisfy Utah's legal standard.
UT Notary Signer Identification Requirements 2
Which form of identification is explicitly recognized as 'satisfactory evidence' of identity under Utah Code § 46-1-2?