4.1 Methods of Identification

Why Identification Is the Heart of the Notarial Act

Verifying who is standing in front of you is the single most fraud-sensitive duty a Maine notary performs. The Maine Revised Uniform Law on Notarial Acts (RULONA), codified at 4 M.R.S. Chapter 41 and effective July 1, 2023, requires that before performing any notarial act for an individual, the notarial officer must determine, from personal knowledge or satisfactory evidence, that the individual appearing has the identity claimed. The statute uses the phrase to a reasonable certainty — not absolute proof, but enough that a prudent notary would have no real doubt.

Maine recognizes exactly two pathways: personal knowledge or satisfactory evidence. Satisfactory evidence itself splits into two forms — a qualifying ID document, or the oath of a credible witness. Exam questions frequently test the boundary between these.

Method 1: Personal Knowledge

Personal knowledge of identity means knowledge of the individual through dealings sufficient to eliminate every reasonable doubt that the person has the identity claimed. This is a high bar — it is more than recognizing a face.

• A long-standing relationship (relative, longtime client, coworker you interact with regularly) qualifies.
• A casual or one-time encounter does not. "They look familiar" or "someone introduced them" is never personal knowledge.
• Personal knowledge cannot be borrowed: you cannot rely on a third party telling you who the signer is. That scenario is a credible witness, with its own oath requirement.

Trap: A notary who has met a signer once at a closing does not have personal knowledge. If the signer has no ID, the notary must use a credible witness or refuse.

Method 2: Satisfactory Evidence by Identification Document

Maine accepts a current document that (1) is issued by a federal or state government agency, and (2) bears the individual's photograph and signature. The signature element matters: a few ID types carry a photo but no signature, and strict reviewers may treat those as insufficient on their own.

Documents that fail because they lack a photo or are not government-issued:

Method 3: Credible Witness

When the signer lacks a qualifying ID, a credible witness may swear to the signer's identity. The witness must personally appear before the notary, be on oath or affirmation, and either (a) be personally known to the notary, or (b) be identified by the witness's own qualifying photo-and-signature ID (passport, driver's license, or government non-driver ID).

Worked scenario

Maria comes to notarize a deed but left her wallet at home. Her neighbor Tom, whom the notary identifies by Tom's Maine driver's license, comes too. Tom takes an oath that the woman present is Maria. The notary records the credible-witness method and Tom's ID details in the journal, then proceeds. Best practice: a credible witness should have no financial interest in the transaction.

Documenting the Choice

Whichever method is used, Maine's journal requirement (one entry per notarial act, retained 10 years) means the notary records how identity was established — "personal knowledge," the ID type and a partial identifier, or the witness's name and ID. On the exam, remember the order of preference is practical, not legal: there is no rule forcing ID over personal knowledge, but each act must reach reasonable certainty.

Comparing the Three Methods Side by Side

The exam loves to give you a fact pattern and ask which method applies. Use this decision flow:

1. Do I know this person well enough that I have zero reasonable doubt? If yes, personal knowledge applies and no ID is needed.
2. If not, does the signer have a current, government-issued photo-and-signature ID? If yes, that is satisfactory evidence by document.
3. If neither, is there a credible witness who will appear and swear under oath? If yes, that is satisfactory evidence by credible witness.
4. If none of these reach reasonable certainty, refuse the act.

Reasonable Certainty Is the Governing Standard

Every method funnels back to one phrase: the notary must be satisfied to a reasonable certainty. This is deliberately lower than "beyond all doubt" — a notary is not a forensic investigator — but higher than a casual guess. If after applying a method genuine doubt remains, the notary has not met the standard and must either gather more evidence (a second ID, an additional credible witness) or decline. A signer cannot waive this requirement, and no document recital ("I swear this is me") substitutes for it. The duty is the notary's alone and cannot be delegated to the signer, the document's drafter, or the requesting party.