Key Takeaways
- Notaries must positively identify every signer before performing a notarial act
- Three primary methods: personal knowledge, acceptable ID documents, or credible witness
- Government-issued photo IDs valid or expired up to 3 years are acceptable
- The notary bears responsibility for proper identification verification
- Failure to properly identify signers can result in commission revocation
Satisfactory Evidence of Identity
One of the most critical responsibilities of a Hawaii notary public is to properly identify every person appearing for a notarial act. Under Hawaii law, "satisfactory evidence of identity" determines whether a notary can proceed with a notarization.
Why Identification Matters
Proper identification:
- Prevents fraud and forgery
- Protects all parties to the transaction
- Ensures the right person is signing
- Protects the notary from liability
- Maintains public trust in notarized documents
Methods of Identification
Hawaii law recognizes three primary methods to establish satisfactory evidence of identity:
| Method | Description |
|---|---|
| Personal Knowledge | Notary personally knows the signer |
| Identification Documents | Acceptable government-issued photo ID |
| Credible Witness | A third party the notary knows vouches for signer |
Acceptable Identification Documents
The following forms of ID are acceptable:
Primary Identification
| Document | Requirements |
|---|---|
| Passport | Current OR expired within 3 years |
| Driver's License | Current OR expired within 3 years |
| Government-Issued Non-Driver ID | Current OR expired within 3 years |
| Other Government ID | Contains photo and signature, current or expired within 3 years |
Key Requirements for All ID Documents
Every acceptable ID must:
- Be issued by a government agency
- Contain a photograph of the holder
- Contain a signature of the holder
- Be current OR expired no more than 3 years prior to the notarial act
- Be satisfactory to the notary (appear genuine, no signs of tampering)
What Makes ID Unacceptable
| Issue | Why Unacceptable |
|---|---|
| Expired more than 3 years | Beyond acceptable timeframe |
| No photograph | Cannot compare appearance |
| No signature | Cannot compare signature |
| Non-government issued | Credit cards, store IDs not acceptable |
| Signs of tampering | May indicate fraud |
| Photo doesn't match person | Identity not established |
The 3-Year Rule
Critical: Hawaii allows the use of identification documents that have expired within the past 3 years. This means:
| Scenario | Acceptable? |
|---|---|
| License expired 1 year ago | Yes |
| License expired 2 years ago | Yes |
| License expired 3 years ago | Yes |
| License expired 3 years and 1 day ago | No |
Notary's Discretion
Even if an ID meets technical requirements, the notary may refuse if:
- The ID appears altered or tampered with
- The photo does not reasonably resemble the person
- The signature appears different
- Something seems suspicious
Remember: The notary's primary duty is preventing fraud. When in doubt, do not notarize.
On the Exam
Key points:
- Know the 3-year rule for expired IDs
- Understand all acceptable IDs require photo AND signature
- Personal knowledge and credible witness are valid alternatives
- Notary has discretion to refuse if suspicious
How long can a driver's license be expired and still be acceptable ID for notarization in Hawaii?
Which of the following is NOT an acceptable form of identification for notarization?