5.1 Satisfactory Evidence Overview

Why Identity Is the Core Duty

Under the North Carolina Notary Public Act (Chapter 10B), identifying the signer is the single most important thing a notary does. A notarial certificate is a sworn statement that you confirmed who appeared before you. The 50-question NC exam (80% to pass, administered through approved community colleges) draws heavily on the G.S. 10B-3 definitions below, so memorize them word-tested, not paraphrased.

A notary may identify a principal in exactly two ways, and no others:

There is no third method. "They looked honest," a phone call, or a coworker vouching informally are not on this list.

Personal Knowledge — The Exact Standard

G.S. 10B-3 defines "personally know" as "familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed."

Parse the four load-bearing parts:

• Familiarity — not a single greeting
• Interactions — actual repeated contact
• Over a period of time — duration matters
• Eliminate every reasonable doubt — the highest certainty standard in the statute

Trap: Meeting someone once at a closing, a party, or even a long phone relationship is not personal knowledge. Exchanging business cards is not personal knowledge. If you cannot honestly say you have known this person over time, you must fall back to satisfactory evidence.

Satisfactory Evidence — The Two Sub-Paths

G.S. 10B-3 defines "satisfactory evidence" as identification based on either:

1. At least one current document issued by a federal, state, or federal- or state-recognized tribal government agency bearing the photographic image of the individual's face AND either the individual's signature OR a physical description of the individual; OR
2. The oath or affirmation of one credible witness who personally knows the individual seeking to be identified.

Note the AND/OR structure: photo is always required; signature or description is the second element. One credible witness — not two — satisfies the second path.

The Decision You Make Every Time

Do I personally know this principal (over time, no reasonable doubt)?
   |-- YES --> Proceed.
   |-- NO  --> Demand satisfactory evidence:
                 |-- Current govt photo ID (photo + sig/description), OR
                 |-- One credible witness who is personally known to me

If neither path can be completed, the rule is absolute: do not notarize. A signer's frustration is never a reason to lower the standard.

Consequences of Getting It Wrong

Worked example: A man you've never met presents a credit card and a Social Security card and asks you to notarize a deed. Neither is satisfactory evidence — a credit card is not government-issued and a Social Security card has no photo. You have no personal knowledge. You decline. Proceeding here is the classic fact pattern behind identity-fraud prosecutions.

How Identity Connects to the Notarial Act

Identity is necessary but not sufficient — it is one of three things you confirm at every notarization, and the exam tests all three together:

A flawless ID does not cure a confused or coerced signer. Likewise, a willing, alert signer you cannot identify still gets a "no." Identity is the gatekeeper, but the other two stay in view throughout Section 5.4.

Personal Appearance Is a Precondition

Neither identification method works unless the principal personally appears before the notary at the time of the act (G.S. 10B-20). You cannot identify someone over the phone, by video for a traditional notarization, or based on documents mailed to you. If the signer is not physically in front of you, there is nothing to identify and no act to perform.

Common Identity Traps the Exam Plants

• A coworker says "I know him, he's fine" — that is neither personal knowledge (yours) nor a proper credible-witness oath.
• A signer offers two non-photo documents (Social Security card + utility bill) — two weak documents do not add up to one qualifying ID.
• You "sort of" recognize the signer — "sort of" does not eliminate every reasonable doubt; require evidence.
• The signer insists they're in a hurry — urgency never lowers the standard.

Exam anchors: two methods only; "personally know" = familiarity over time eliminating every reasonable doubt; satisfactory evidence = current govt photo ID or one credible witness; photo is mandatory; failure to identify is a Class 1 misdemeanor.