3.1 Satisfactory Evidence of Identity

Why Identification Is the Notary's Core Duty

Before performing any notarial act, the notary must obtain satisfactory evidence of identity — a reasonable certainty, based on objective proof, that the person appearing is who they claim to be. Identification is not a formality; it is the single act that makes notarization worth anything. A notary's signature and seal tell the world "I verified this person."

When identification fails, real harm follows: forged deeds transfer real estate to thieves, forged powers of attorney (POA) drain bank accounts, and forged affidavits corrupt court proceedings. A notary who notarizes for an impostor can be sued for the full loss, lose their commission, and in many states face misdemeanor charges. This is why exams test identification more than any other single topic.

The Three Methods of Identification

Most states recognize exactly three ways to satisfy the standard:

1. Personal knowledge of the signer.
2. Identification documents (government-issued photo ID).
3. Credible identifying witness(es).

A notary uses one method per signer — they do not stack methods. If the signer has a valid ID, that alone suffices.

Method 1: Government-Issued Photo Identification

This is the most common and defensible method. An acceptable card must contain all of these elements:

Commonly accepted IDs: state driver's license or non-driver state ID, U.S. passport or passport card, U.S. military identification (Common Access Card, or CAC), foreign passport, permanent resident card ("green card") issued by U.S. Citizenship and Immigration Services (USCIS), and REAL ID-compliant cards.

Commonly rejected items: student IDs, employer badges, Social Security cards (no photo), birth certificates (no photo), credit or debit cards, and library cards — none are government photo IDs.

The Expired-ID Rule (and Its Trap)

Many guides say "expired IDs are never acceptable." That is too broad. Several states — California is the model — accept an ID expired within the past five years, measured from the issuance date, not the expiration date. So a license issued four years ago that lapsed last month can still qualify. Once both issuance and expiration are more than five years old, it is dead. Other states demand a strictly unexpired card. On a national exam, read the question: if it names a state with the five-year rule, apply it; otherwise treat expired IDs as unacceptable.

Method 2: Personal Knowledge

The notary may rely on personal knowledge — established familiarity built from prior dealings, such that the notary is reasonably certain of the person's identity. Casual acquaintance is not enough. Note a sharp state split: California prohibits personal knowledge entirely and requires documentary ID or credible witnesses, while states such as Florida permit it. Document the basis in your journal regardless.

Method 3: Credible Identifying Witnesses

When a signer has no acceptable ID and is not personally known, one or more credible identifying witnesses can vouch under oath. The widely tested rule on number:

• One credible witness may be used if that witness is personally known to the notary.
• Two credible witnesses are required if the witnesses are not personally known to the notary (each must then present their own ID).

Every credible witness must (1) personally know the signer, (2) swear an oath or affirmation to the signer's identity, (3) have no financial or beneficial interest in the document, and (4) not be named as a party to it. A witness who would inherit under a will, receive authority under a POA, or take title under a deed is disqualified, because their stake destroys their neutrality.

The practical test for personal knowledge — used both for credible witnesses and for the notary's own Method 1 reliance — is whether familiarity arose from "a chain of circumstances surrounding the person that would preclude any reasonable possibility that the person is an impostor." Recognizing a neighbor's face is not enough; an ongoing relationship is.

Liability and the Reasonable-Notary Standard

The law does not demand that a notary be a forensic document examiner. It demands reasonable care. A notary who inspects the ID, compares the photo, checks currency, and watches for tampering has met the standard even if a sophisticated forgery slips through. A notary who skips the ID, accepts an obviously expired or altered card, or notarizes for a person not present has breached it — and can be sued for the resulting loss, with the surety bond paying the victim and the notary then owing the surety. Several states layer a criminal misdemeanor (and commission revocation) on top for knowingly notarizing a false identity.

This is why the conservative habit of always recording the ID type, serial number, and issuing authority in the journal is so valuable: it is the notary's evidence of due care.

A Quick Comparison of the Three Methods

Examining the Card and the Refusal Rule

When inspecting an ID, the notary checks the photo against the face, the name against the document, the physical description, signs of tampering (peeling lamination, mismatched fonts, altered dates), and security features such as holograms and microprinting. The notary must refuse when satisfactory evidence is absent, the card appears altered or fraudulent, the photo does not match, or any reasonable doubt remains. The governing maxim: when in doubt, do not notarize.