Satisfactory Evidence of Identity

Before performing any notarial act, the notary must obtain satisfactory evidence that the person appearing before them is who they claim to be. This identity verification requirement is the notary's most critical duty — it is the foundation of fraud prevention.

Why Identity Verification Matters

Identity fraud in notarized documents can lead to:

• Property theft — Forged deeds can transfer real estate to criminals
• Financial fraud — Forged powers of attorney can drain bank accounts
• Elder abuse — Vulnerable adults can be exploited through fraudulent documents
• Immigration fraud — False sworn statements can be used in immigration proceedings

The notary serves as the last line of defense against these crimes. Proper identification is not optional — it is the notary's most important responsibility.

The Three Identification Methods

Most states recognize three methods for establishing a signer's identity:

Method 1: Government-Issued Photo Identification

This is the most common and reliable identification method. The notary examines a current, government-issued identification document that contains:

Required Elements:

• Photograph of the bearer
• Physical description (height, weight, eye color, hair color)
• Signature of the bearer
• Identifying number (driver's license number, passport number, etc.)
• Issuing authority (must be a government agency)
• Expiration date (must be currently valid / unexpired)

Commonly Accepted IDs:

Commonly NOT Accepted:

Method 2: Personal Knowledge

The notary personally knows the signer and can identify them from prior interaction. This method has specific requirements:

• The notary must have genuine, established knowledge of the person's identity
• Casual acquaintance is generally NOT sufficient — the notary should know the person well enough to be certain of their identity
• Some states define specific criteria (e.g., knowing the person for a minimum period)
• The notary should document in their journal that identification was based on personal knowledge

Caution: Personal knowledge is the least documented method and can be challenged in court. Many experienced notaries prefer to require ID even from people they know personally, to create a stronger paper trail.

Method 3: Credible Identifying Witness(es)

When a signer has no acceptable ID and is not personally known to the notary, one or more credible witnesses can vouch for the signer's identity.

Requirements for Credible Witnesses:

State Variations:

• One witness required: Some states allow a single credible witness
• Two witnesses required: Other states require two credible witnesses
• Not all states allow this method — Check your state's specific rules

Examining Identification Documents

When examining an ID, the notary should check for:

1. Current validity — Is the ID expired? An expired ID is NOT acceptable
2. Photo match — Does the photo resemble the person standing before you?
3. Name match — Does the name on the ID match the name on the document?
4. Physical description match — Height, weight, eye color, hair color roughly match?
5. Signature match — Does the signature on the ID match how the person signs?
6. Signs of tampering — Is the ID altered, damaged, or suspicious in any way?
7. Security features — Holograms, UV features, microprinting intact?

When to Refuse

A notary must refuse the notarization if:

• The signer cannot provide satisfactory evidence of identity
• The ID appears altered, fraudulent, or expired
• The photo does not match the person appearing
• The name on the ID does not match the name on the document (without explanation)
• The notary has any reasonable doubt about the signer's true identity

Rule of Thumb: When in doubt, don't notarize. It is always better to refuse a notarization than to participate in potential fraud.

On the Exam

Identity verification is one of the most heavily tested topics:

• Three methods: Photo ID, personal knowledge, credible witnesses
• Acceptable IDs must be: Current, government-issued, with photo and signature
• Expired IDs are NEVER acceptable
• Credible witnesses must be personally known to the notary and take an oath
• When in doubt, refuse — the notary's duty is to prevent fraud