Key Takeaways
- Foreign nationals may use foreign passports or other government-issued IDs
- Minors (if permitted to sign) should be identified with the same standards as adults
- Power of attorney signers must be identified AND authority must be verified
- Remote online notarization requires multi-factor identity verification
- When identity cannot be established, the notarization must be refused
Special Identification Situations
Some notarizations involve unique identification challenges. Understanding how to handle these situations is essential for Maine notaries.
Foreign Nationals
Foreign nationals may appear for notarization. Acceptable identification includes:
| Acceptable ID | Notes |
|---|---|
| Foreign passport | Most common and reliable |
| U.S. visa | Often in foreign passport |
| Permanent resident card | "Green card" |
| Employment authorization card | Work permit |
| Foreign driver's license | May need additional ID |
Key Points for Foreign Nationals
- Foreign passports are generally acceptable
- Must still include photo and be current
- Language barrier doesn't prevent notarization if identity verified
- No requirement that signer be U.S. citizen or resident
Representatives and Agents
When someone signs on behalf of another (as attorney-in-fact, corporate officer, etc.):
| Verify | How |
|---|---|
| Representative's identity | Standard ID verification |
| Authority to sign | Review power of attorney or corporate resolution |
| Capacity being signed in | Note in certificate |
Power of Attorney Signers
| Step | Action |
|---|---|
| 1 | Verify the agent's personal identity |
| 2 | Examine the power of attorney document |
| 3 | Confirm POA authorizes this type of transaction |
| 4 | Complete certificate with proper capacity |
The notarial certificate should indicate the representative capacity, such as:
"...acknowledged before me by John Smith as attorney-in-fact for Mary Smith..."
Signers Who Cannot Sign Their Name
Some signers cannot write their name due to disability, injury, or illiteracy:
Signature by Mark
| Step | Procedure |
|---|---|
| 1 | Signer makes a mark (X or other symbol) |
| 2 | Two witnesses sign next to the mark |
| 3 | Witnesses write signer's name nearby |
| 4 | Notary completes certificate noting signature by mark |
Remote Online Notarization (RON)
For approved remote online notarizations, identity verification is more rigorous:
| Requirement | Details |
|---|---|
| Knowledge-based authentication | Questions only signer would know |
| Credential analysis | Digital verification of ID |
| Multi-factor authentication | Multiple verification methods |
| Audio-visual technology | Live video connection |
RON Identity Verification Methods
- Personal knowledge - Notary personally knows the remote signer
- Credible witness - Witness appears remotely and vouches for identity
- At least two identity proofing methods:
- Credential analysis (digital ID verification)
- Knowledge-based authentication (security questions)
Senior Citizens and Cognitive Concerns
When notarizing for elderly or potentially impaired signers:
| Consideration | Action |
|---|---|
| Verify identity | Standard procedures apply |
| Assess willingness | Ensure signing is voluntary |
| Assess awareness | Signer understands what they're signing |
| Document concerns | Note any concerns in journal |
Remember: Notaries are not qualified to assess mental capacity. If you have serious concerns, suggest the signer consult with an attorney.
When to Refuse
Always refuse when:
| Situation | Action |
|---|---|
| Cannot establish identity | Refuse notarization |
| ID appears fraudulent | Refuse and document |
| Signer appears coerced | Refuse and document |
| Signer clearly doesn't understand | Suggest attorney consultation |
On the Exam
Key points:
- Foreign passport: Acceptable form of ID
- Representatives: Verify personal identity AND authority
- RON: Requires multi-factor identity verification
- Cannot verify identity: Must refuse notarization
A foreign national presents a valid passport from their home country. Can you proceed with the notarization?
Someone appears as attorney-in-fact to sign a document on behalf of another person. What must you verify?