4.1 Satisfactory Evidence of Identity

Identifying the signer is the single most important thing a New York notary does. Every notarial act — an acknowledgment, a jurat, an oath, a proof of execution — rests on one promise to the public: the person who signed is who they claimed to be. If that promise is wrong, the document is tainted and the notary is exposed. Expect roughly 15% of the New York Notary Public exam (about 6 of the 40 questions) to test identification, drawn directly from the Notary Public License Law booklet and the identity regulation at 19 NYCRR 182.5.

The Notary's Duty to Know the Signer

New York gives the notary a legal duty to identify. You may complete a notarial act only after the signer personally appears before you and you are satisfied of their identity. There are exactly two doors to that satisfaction: personal knowledge of the signer, or satisfactory evidence of identity. If neither door opens, you must refuse. The exam loves to phrase this as "what must the notary be certain of before notarizing?" — the answer is always the signer's identity, not the truthfulness of the document's contents.

Door One: Personal Knowledge

Personal knowledge means you know the individual well enough, from interactions over time, to be certain of their identity without any document. In regulatory terms (19 NYCRR 182.5), it is satisfied by "attestation by the notary that the individual is personally known to them." A passing acquaintance does not qualify — meeting someone once, sharing a neighborhood, or having a stranger vouched for by a friend is not personal knowledge.

Best practice: even when you have personal knowledge, asking for ID adds a second layer of protection. Personal knowledge is the highest form of identification precisely because it does not depend on a document that could be forged.

Door Two: Satisfactory Evidence of Identity

When you do not personally know the signer, New York requires satisfactory evidence of identity. Under 19 NYCRR 182.5, for a person physically appearing before you, satisfactory evidence is established by any one of the following:

1. The front and back of a current, valid identification card issued by a governmental agency that contains the bearer's photograph, an accurate physical description (where applicable), and the bearer's signature.
2. At least two current documents issued by an institution, business entity, or federal/state government, each bearing at least the individual's signature.
3. The notary's attestation of personal knowledge (Door One, above).
4. The oath or affirmation of one credible witness who is personally known to both the individual and the notary.
5. The oath or affirmation of two credible witnesses who personally know the individual and who each present a government-issued photo ID meeting the standard in item 1.

The government-issued photo ID is by far the most common path in real practice.

Examining the Identification

A government photo ID is only satisfactory if you actually examine it. New York expects the notary to inspect, not glance. Walk through these checkpoints every time.

What Is NOT Satisfactory Evidence

These frequently appear as wrong answers — and sometimes as the correct "must refuse" answer:

• An expired driver's license or passport (no longer current).
• A Social Security card — it has no photo.
• A credit or debit card — not government-issued, no reliable photo.
• A student or employee ID — generally not government-issued.
• A card whose photo does not match the person.

Credible Witness Identification

When a signer has no acceptable ID, you may rely on a credible witness. The witness swears under oath to the signer's identity. Use this path sparingly. The witness must personally know the signer, must be identified by you (either personally known to you or, where two witnesses are used, by their own government photo ID), and ideally should have no financial interest in the transaction. The notary administers an oath to the witness, who then attests to the signer's identity.

Worked Example: Maria, a New York notary, is asked to take an acknowledgment from a man named David Okonkwo on a power of attorney. Maria does not know David, and his only ID is a Social Security card and an expired Ohio driver's license. The expired license is not current, and the Social Security card has no photo — neither is satisfactory evidence. David's sister Grace is present. Grace is personally known to Maria from years of community work, and Grace personally knows David. Maria administers an oath to Grace, who swears David is her brother. Under 19 NYCRR 182.5, the oath of one credible witness personally known to both the signer and the notary is satisfactory evidence. Maria may now proceed — and she records the verification method in her journal.

When Identity Is Insufficient — Refuse

If you cannot satisfy yourself of identity, you must refuse the notarial act. Refusal is required when the signer cannot provide satisfactory evidence, when the ID appears altered, expired, or fraudulent, when the photo does not match, or when you have any reasonable doubt about who is in front of you. Refusing is not optional courtesy — it is the core of fraud prevention.

Liability for Negligent Identification

A notary who fails to identify a signer properly can face civil liability (a lawsuit for damages caused by the fraud), revocation of the commission, and even criminal liability in cases of willful misconduct. New York does not require a surety bond, so there is no bond to absorb a claim — personal exposure is real, which is why errors-and-omissions insurance is recommended.

Key Takeaways

• Two doors to identity: personal knowledge OR satisfactory evidence.
• Satisfactory evidence = current government photo ID, two signed documents, or a credible-witness oath.
• Expired, non-photo, or non-government cards fail — refuse.
• The notary, not the signer, bears the legal duty to get identity right.