Monday December 01st, 2008

Identification

Below is a list of common questions regarding identification. If your question can't be found here, please return to the Frequently Asked Questions categories or contact us.

1. How does the Notary determine the identity of the signer?
2. What forms of ID are acceptable?
3. What happens if I don't have a valid ID?
4. What happens if my ID varies from my signature?
5. What happens if the document is in a former name?

How does the Notary determine the identity of the signer?
According to CA Civil Code section 1185, a Notary identifies the signer by one of two ways:

1. Personal Knowledge - "having an acquaintance, derived from association with the individual in relation to other people and based upon a chain of circumstances surrounding the individual, which establishes the individual's identity with at least reasonable certainty."
2. Satisfactory Evidence - "the absence of any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment (or jurat) is not the individual he or she claims to be."

What forms of ID are acceptable?
Acceptable IDs vary from state to state. California's approved ID's are:

1. If current or issued within 5 years:
   1. California drivers license or ID card;
   2. US Passport
2. If current or issued within 5 years; contains photo, physical description and signature; and bears a serial or identifying number:
   1. Drivers license or ID card from another state;
   2. Mexican or Canadian drivers license issued by an authorized agency;
   3. US Military ID;
   4. Foreign passport, if stamped by INS.
3. Inmate ID card (only prisoners in custody).

What happens if I don't have a valid ID?
Civil Code section 1185 allows for the use of one or two credible identifying witnesses.

1. One credible witness may be used when he or she is known to the Notary through personal knowledge and by the signer also through personal knowledge. (Five other requirements must also be met, see below.)
2. Two credible witnesses may be used whose identities are proven to the Notary upon the presentation of satisfactory evidence, that also take an oath that the same five requirements required under the section for one credible witness are also true.
   1. The person making the acknowledgment is the person named in the document;
   2. The person making the acknowledgment does not possess any of the identification documents named (above);
   3. That is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification;
   4. The person making the acknowledgment does not possess any of the identification documents named (above);
   5. The witness does not have any financial interest in the document being acknowledged and is not named in the document.

What happens if my ID varies from my signature?
Notaries are required to follow the "less-but-not-more" policy. This means, for example, that the Notary may allow the signer to sign the name "V.L. Grayson" on the document if the ID card reads "Vivian L Grayson", but can not accept "Vivian Leanne Grayson". (You should check with the recipient if it is okay with them, as even though it is allowed by notarial code, it may not meet their requirements.)

What happens if the document is in a former name?