Satisfactory Evidence of Identity

In 2018, a California notary approved a fraudulent deed transfer worth $1.2 million. The "homeowner" who appeared before her was an imposter using a fake ID. The real homeowner—traveling abroad—discovered months later that his home had been sold out from under him. The notary's failure to properly verify identity made her liable for a claim against her bond and led to the revocation of her commission.

This case illustrates why identity verification is the most critical responsibility of a California notary. Every notarization you perform depends on correctly answering one question: Is this person really who they claim to be?

What Is "Satisfactory Evidence of Identity"?

California law requires notaries to obtain "satisfactory evidence" that the signer is who they claim to be before performing any notarial act. This isn't mere verification—it's a legal standard that requires specific procedures.

Key Principle: You are not just checking that an ID exists. You are making a determination—based on the evidence available—that you are reasonably certain the person before you is the person named in the document.

The Three Methods of Identification

California law provides exactly three ways to identify a signer. No other methods are acceptable:

1. Personal Knowledge

You personally know the signer through:

• Repeated interactions over time
• Familiarity developed through dealings
• Reasonable certainty about their identity

What Personal Knowledge IS:

• You've worked with the person for years
• They're a family member or close friend
• You've interacted with them many times over months or years

What Personal Knowledge IS NOT:

• Meeting someone once at a party
• Recognizing a celebrity from TV
• Having them in your phone contacts
• Being Facebook friends

Key Point: Personal knowledge must be developed through interactions sufficient to provide reasonable certainty of identity. A casual encounter is never enough.

Real-World Example: You've been a mobile notary for a law firm for 5 years. Attorney Maria Rodriguez has requested your services dozens of times, and you've chatted with her at office events. You know she's the person she claims to be—this is personal knowledge.

2. Identification Documents

The signer presents acceptable paper identification that meets specific legal requirements. This is the most common method, used in approximately 95% of notarizations.

We'll cover the specific acceptable ID requirements in detail in Section 3.2.

3. Credible Witness Identification

One or two credible witnesses vouch for the signer's identity under oath. This method is used when the signer lacks acceptable ID.

We'll cover credible witness procedures in detail in Section 3.3.

Choosing the Right Method

The method you use should be based on the circumstances:

Decision Priority:

1. If you personally know the signer → Use personal knowledge
2. If they have acceptable ID → Verify the ID
3. If they have no ID → Consider credible witness procedure

Important: You can only use ONE method per notarization. Don't mix methods (e.g., "I sort of know them AND they have an ID").

The Notary's Responsibility

What You MUST Do

• Carefully examine all identification presented
• Ensure the ID meets all legal requirements (Section 3.2)
• Compare the photo to the person before you
• Verify the name matches the document being notarized
• Reject questionable, altered, or expired documents (beyond 5 years)
• Record the identification method in your journal

Common Mistakes to Avoid

Your Liability

If you fail to properly identify a signer and fraud occurs:

• Your bond may be claimed against
• You may face personal liability beyond the bond amount
• Your commission may be suspended or revoked
• You could face criminal charges for gross negligence

Red Flags to Watch For

Be alert to these warning signs of potential fraud:

When in doubt, refuse the notarization. It's better to decline a legitimate transaction than to enable fraud.

On the Exam

Expect 4-6 questions on satisfactory evidence of identity. Key points tested:

• Three methods ONLY: Personal knowledge, paper ID, credible witnesses
• Personal knowledge definition: Repeated interaction creating reasonable certainty (NOT casual acquaintance)
• Notary's responsibility: Carefully examine ID, ensure it meets requirements
• Liability: Notary is responsible for proper identification
• When to refuse: If ID is suspect, expired (over 5 years), or signer cannot be identified