6.1 Satisfactory Evidence of Identity

The Statutory Foundation: C.R.S. 24-21-507

Identifying the signer is the single most important fraud-deterrence function a notary performs. Colorado's Revised Uniform Law on Notarial Acts (RULONA), codified at C.R.S. 24-21-501 through 24-21-530, governs the rules. Section 24-21-507 sets out exactly two lawful ways to establish a signer's identity. There is no third option, and the notary may not waive the requirement for any reason.

The Two Lawful Identification Methods

Personal Knowledge Defined

Colorado does not let a notary claim personal knowledge merely because the signer looks familiar. The statute requires that the individual be personally known to the notary through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

A quick hallway introduction is not enough. A years-long working relationship, a close relative, or a long-time neighbor typically qualifies. When a notary relies on personal knowledge, no identification document is collected, but the journal must reflect that the basis for identity was personal knowledge.

Quick test for personal knowledge

• Would you recognize this person and be willing to swear to their identity in court? If no, do not use personal knowledge.
• Have you had repeated, substantive interactions over time? A single prior meeting rarely creates reasonable certainty.
• Are you relying on someone else's introduction? That is hearsay, not personal knowledge — fall back to documentary evidence.

Satisfactory Evidence

When the notary does not personally know the signer, identity must rest on satisfactory evidence. RULONA breaks satisfactory evidence into two sub-paths, both detailed in later sections of this chapter:

1. A qualifying identification document — covered in Section 6.2.
2. A credible witness's verification on oath or affirmation — covered in Section 6.3.

Unlike some states, Colorado does not give the notary open-ended "reasonable" discretion to accept any document the notary feels comfortable with. The categories of acceptable documents are defined by statute and rule, so a notary cannot, for example, accept a employer badge simply because it has a photo.

Timing: Identity Comes First

Identity is verified at the time of the act, not in advance and not after the fact. A driver's license photocopied last week does not satisfy the requirement; the signer must present and the notary must inspect the credential during the appearance.

When to Refuse

The notary is the gatekeeper. C.R.S. 24-21-510 lets a notary refuse an act, and a notary must refuse when identity cannot be established. Refuse when:

• The photo on the ID does not match the person standing in front of you.
• The credential shows signs of alteration, lamination tampering, or mismatched fonts.
• The signer's name on the ID differs materially from the name on the document with no explanation.
• The signer appears coerced, confused, or unable to understand the transaction.
• You simply are not satisfied — "when in doubt, refuse" is the safe and lawful choice.

Refusing protects the notary from civil liability and from disciplinary action by the Secretary of State, including suspension or revocation of the commission.

Why Identification Is the Heart of the Job

A notarial act is, at bottom, an official statement that a specific person appeared and either swore to a statement (a jurat / verification on oath) or acknowledged signing a document (an acknowledgment). If the notary cannot reliably say who appeared, the act is worthless and may be fraudulent. Improper identification is consistently among the leading causes of complaints, lawsuits, and commission discipline against notaries nationwide.

Common Identification Mistakes

• Notarizing for a regular client without re-confirming identity each time. Personal knowledge must genuinely exist; do not assume it just because the face is familiar.
• Accepting an ID for a different person because "they look alike." The photo must match the individual presenting.
• Relying on a relative or coworker to introduce a stranger. An introduction is not personal knowledge and is not a sworn credible-witness verification.
• Skipping identification because the document "seems routine." Every act requires identity verification, with no exceptions for low-stakes paperwork.

Putting It Together

Before performing any act, the notary should be able to answer three questions affirmatively: Did the signer personally appear? Is the signer's identity established by personal knowledge or satisfactory evidence? Does the signer appear willing and aware, free of coercion? If any answer is no, the lawful and protective response is to decline the act and document the refusal.