3.2 Satisfactory Evidence of Identity
Key Takeaways
- Identity is established by personal knowledge or by inspecting an acceptable government-issued ID
- An acceptable ID bears a photograph or signature and is current or expired no more than 3 years
- Social Security cards, credit cards, and employee badges are not acceptable ID
- A credible witness may identify a signer who has no acceptable ID
- The notary keeps discretion to decline any ID that does not satisfy them
What "Satisfactory Evidence" Means
Ohio Revised Code 147.53 requires that, before performing a notarial act, a notary either personally knows the signer or has satisfactory evidence of identity by inspecting an acceptable identification document. "Satisfactory evidence" is the legal standard the exam returns to repeatedly. There are three accepted paths.
| Path | When you use it |
|---|---|
| Personal knowledge | You already know the signer well |
| Acceptable ID document | The everyday method for strangers |
| Credible witness | Backup when the signer has no acceptable ID (see 3.3) |
Path 1: Personal Knowledge
Personal knowledge means you know the signer through dealings sufficient to give reasonable certainty that the person is who they claim to be. A 20-year friendship or a coworker of many years qualifies. Recognizing a celebrity from television, a one-time prior introduction, or a social-media connection does not—familiarity is not certainty.
Path 2: Acceptable Identification Documents
Under ORC 147.53, an acceptable ID is a passport, driver's license, government-issued nondriver identification card, or other government-issued ID bearing the signature or photograph of the individual, that is current or expired not more than three years before the act, and is satisfactory to the notary.
| Acceptable ID | Notes |
|---|---|
| U.S. passport / passport card | Current or expired ≤ 3 years |
| State driver's license (any U.S. state) | Current or expired ≤ 3 years |
| State-issued nondriver ID card | Government-issued |
| U.S. military ID | Government-issued with photo |
| Permanent resident (green) card | Federal government-issued |
| NOT acceptable | Why |
|---|---|
| Social Security card | No photo, not an identity document |
| Credit / debit card | Not government-issued |
| Employer badge | Private, not government-issued |
| Library or club card | Not government-issued |
| Birth certificate | No photo of the live person |
The 3-Year Rule in Practice
The expiration window is a favorite trap. A license that expired two years ago is acceptable; one that expired five years ago is not—even if the photo is a perfect match. When a question gives an expiration date, compute against the act date and the three-year ceiling before answering.
What to Inspect on the ID
| Element | Check |
|---|---|
| Photograph | Does the face match the person appearing? |
| Name | Does it match the document being signed? |
| Expiration | Current, or expired ≤ 3 years? |
| Physical description | Height/eye color roughly consistent? |
| Tampering | Laminate lifting, mismatched fonts, altered numbers? |
The Right to Decline
Even an ID that technically meets the rule can be refused. If the photo is a poor match, the card looks altered, the name differs sharply from the document, or something simply feels wrong, you may and should decline. Declining is never a violation; notarizing despite genuine doubt is.
Worked Scenario
A signer presents an Ohio license that expired 18 months ago; the photo matches, the name matches the deed. Acceptable—the card is within the three-year window. Now the same signer hands you a credit card "because the license is expired." You decline the credit card and rely on the still-valid (within three years) license, or use a credible witness if no acceptable ID exists.
Personal Knowledge Versus Documentary Evidence
New notaries sometimes assume an ID is always required. It is not—personal knowledge is an independent, fully valid path. If your sister sits down to notarize a deed, you do not demand her passport; you already have reasonable certainty of who she is. The danger runs the other way: notaries claiming "personal knowledge" of people they barely know. The standard is reasonable certainty built through dealings, and casual recognition does not meet it. When in doubt, fall back to documentary evidence rather than stretch the personal-knowledge claim.
How Much of the ID the Notary Verifies
A frequent point of confusion: the notary checks identity, not the truth of the document or the signer's authority. You confirm that the person in front of you is the person the ID and the document name. You do not verify that the deed is legally valid, that the loan terms are fair, or that an agent truly holds power of attorney.
| The notary IS responsible for | The notary is NOT responsible for |
|---|---|
| Confirming the signer's identity | Confirming the document is legally correct |
| Confirming the ID is acceptable and unaltered | Reading or approving the document's contents |
| Matching the name to the document | Verifying an agent's actual authority |
| Watching for tampering or impersonation | Giving legal advice about the transaction |
Representative-Capacity Signers
When someone signs in a representative capacity—as an officer of a company, a trustee, an attorney-in-fact under a power of attorney, or an executor—the identity rule is unchanged: you identify the individual human being in front of you by personal knowledge or acceptable ID. You are not required to confirm that they actually hold the office or authority they claim. You may, as good practice, ask to see the supporting document, but the notarial certificate certifies appearance and identity, not corporate authority. A worked example: "Maria Lopez, as President of Acme LLC" appears with a valid driver's license.
You verify that she is Maria Lopez. You do not have to verify that she is genuinely Acme's president; that is the transaction parties' responsibility, not the notary's.
Which is an acceptable form of identification for an Ohio notarization?
Under ORC 147.53, how long may an identification document be expired and still be acceptable?
A signer's photo on an otherwise valid, unexpired license appears to be a different person. What should the notary do?