4.1 Satisfactory Evidence of Identity
Key Takeaways
- Utah law defines "satisfactory evidence of identity" as identification through personal knowledge, acceptable ID documents, or credible witness
- Acceptable IDs must be current (unexpired), government-issued, and contain a photograph, signature, and physical description
- Common acceptable IDs include driver's license, state ID, U.S. passport, and military ID
- Personal knowledge means familiarity over time sufficient to eliminate every reasonable doubt about identity
- The notary is responsible for verifying identity regardless of how the signer appears
One of the notary's most critical duties is verifying the identity of each signer. Utah Code 46-1-2(12) defines what constitutes "satisfactory evidence of identity" for notarial purposes.
Three Methods of Identification
Utah law allows three methods for establishing a signer's identity:
| Method | Description |
|---|---|
| Personal Knowledge | The notary personally knows the individual |
| Identification Documents | Government-issued photo ID meeting specific requirements |
| Credible Witness | A credible person vouches for the signer's identity |
Why Identification Matters
The notary's role as an impartial witness depends on properly identifying signers. Failure to identify a signer correctly can:
- Render the notarization invalid
- Subject the notary to liability
- Facilitate fraud or identity theft
- Result in commission revocation
Important: Never notarize a document if you cannot satisfactorily identify the signer. It is better to refuse a notarization than to risk facilitating fraud.
Requirements for Acceptable ID Documents
To be considered "satisfactory evidence of identity," an identification document must meet all of the following criteria:
Required Elements
| Element | Requirement |
|---|---|
| Issuing Authority | Government-issued (federal, state, or foreign government) |
| Photograph | Current photo of the bearer |
| Signature | Signature of the bearer |
| Physical Description | Height, weight, hair color, eye color, etc. |
| Currency | Must be current (not expired) |
Common Acceptable IDs
| ID Type | Issuing Authority |
|---|---|
| Driver's License | State DMV |
| State ID Card | State DMV |
| U.S. Passport | U.S. Department of State |
| U.S. Passport Card | U.S. Department of State |
| Military ID (CAC) | U.S. Department of Defense |
| Permanent Resident Card (Green Card) | USCIS |
| Foreign Passport | Foreign government |
Generally Unacceptable IDs
| ID Type | Reason |
|---|---|
| Social Security Card | No photo |
| Credit/Debit Cards | Not government-issued, no photo |
| Student ID | Not government-issued |
| Employee Badge | Not government-issued |
| Expired ID | Not current |
| Birth Certificate | No photo, no physical description |
Inspecting an ID Document
When examining an ID, the notary should verify:
- Photo comparison - Does the photo reasonably resemble the person?
- Physical description - Does height, weight, hair, eye color match?
- Signature comparison - Does the signature match (if signed in your presence)?
- Expiration date - Is the ID current (not expired)?
- Tampering - Any signs of alteration or forgery?
- Name matching - Does the name match the document being notarized?
On the Exam
- Three methods: Personal knowledge, acceptable ID, credible witness
- ID requirements: Government-issued, photo, signature, physical description, current
- Common acceptable IDs: Driver's license, state ID, passport, military ID
- Notary responsibility: Must verify identity even if signer is well-known in community
Which of the following is NOT a required element of an acceptable identification document for notarization purposes?
A signer presents an expired driver's license. What should the notary do?
What three elements are required for acceptable identification documents in Utah?