WV Notary Identification and Verification 3 — Questions and Answers
Question 1: A woman presents a driver's license with her maiden name, but the document to be notarized uses her married name. What should the West Virginia notary do?
- Require satisfactory evidence linking her to the name on the document before notarizing (Correct answer)
- Notarize since the photo matches her face
- Cross out the married name on the document
- Notarize but write both names in the certificate
Correct answer: Require satisfactory evidence linking her to the name on the document before notarizing
The notary must be satisfied the signer is the person named in the document, so a name discrepancy requires additional evidence before proceeding.
Question 2: Which element is NOT required on an identification document for it to serve as satisfactory evidence in West Virginia?
- The signer's home address (Correct answer)
- Issuance by a government
- A photograph or signature of the individual
- Being current or expired no more than three years
Correct answer: The signer's home address
The law requires government issuance and a photograph or signature, but a home address is not a statutory requirement.
Question 3: A notary's neighbor of fifteen years asks for a notarization but has no ID. May the notary proceed?
- Yes, if the long acquaintance gives the notary reasonable certainty of the neighbor's identity (Correct answer)
- No, physical identification is always mandatory
- Only if another neighbor is present
- Only for documents valued under $500
Correct answer: Yes, if the long acquaintance gives the notary reasonable certainty of the neighbor's identity
Personal knowledge based on dealings over time that provide reasonable certainty of identity is a lawful basis for identification.
Question 4: A signer offers a current U.S. military ID card containing his photograph. How should a West Virginia notary treat this?
- Accept it, since it is a current federally issued ID with a photograph (Correct answer)
- Reject it, since military IDs are not state-issued
- Accept it only with a second form of ID
- Accept it only for military-related documents
Correct answer: Accept it, since it is a current federally issued ID with a photograph
A military ID is issued by the federal government and containing a photograph, so it qualifies as satisfactory evidence of identity.
Question 5: During a notarization, the notary suspects the driver's license presented is counterfeit. What is the correct course of action?
- Refuse to perform the notarial act (Correct answer)
- Perform the act but keep a photocopy of the license
- Perform the act and report it afterward
- Ask the signer to sign an affidavit that the ID is real
Correct answer: Refuse to perform the notarial act
A notary must refuse to notarize when not satisfied that the identification is genuine, since proceeding on suspect ID defeats the purpose of verification.
Question 6: Which scenario best describes a proper use of a credible witness in West Virginia?
- A witness personally known to the notary swears under oath that the ID-less signer is who she claims to be (Correct answer)
- A stranger in the office confirms the signer's name after seeing her mail
- The signer's attorney emails the notary a confirmation letter
- A witness signs the document in place of the signer
Correct answer: A witness personally known to the notary swears under oath that the ID-less signer is who she claims to be
A credible witness must be verifiable to the notary and must attest to the signer's identity on oath or affirmation in the notary's presence.
Question 7: A driver's license expired four years ago is presented to a West Virginia notary. What should the notary do?
- Decline it as satisfactory evidence because it is expired beyond three years (Correct answer)
- Accept it because the photo still resembles the signer
- Accept it if the signer also states their birth date
- Accept it only for real estate documents
Correct answer: Decline it as satisfactory evidence because it is expired beyond three years
An identification document expired more than three years before the notarial act does not meet West Virginia's standard for satisfactory evidence.
WV Notary Identification and Verification 3
A woman presents a driver's license with her maiden name, but the document to be notarized uses her married name.
What should the West Virginia notary do?