Key Takeaways
- A credible witness can identify a principal who lacks acceptable ID
- Credible witness must personally know the principal
- Notary must personally know OR identify the credible witness
- Credible witness must be honest, reliable, and disinterested
- Credible witness takes an oath affirming the principal's identity
Credible Witness Identification
A credible witness procedure allows notarization when the principal cannot provide acceptable identification documents. This is an alternative method for establishing satisfactory evidence.
Definition: Credible Witness
Under G.S. 10B-3, a "credible witness" is an individual who:
- Is personally known to the notary
- The notary believes is honest and reliable
- Personally knows the principal seeking identification
- Is not a party to or beneficiary of the transaction
Credible Witness Requirements
| Requirement | Explanation |
|---|---|
| Known to Notary | Notary must personally know the credible witness OR identify them by acceptable ID |
| Honest and Reliable | Notary must believe witness is trustworthy |
| Knows the Principal | Witness must have personal knowledge of principal's identity |
| Disinterested | Witness cannot benefit from the transaction |
| Appears in Person | Witness must be present before the notary |
| Takes an Oath | Must swear or affirm to the principal's identity |
Credible Witness Procedure
Step 1: Verify Witness Qualifications
- Does the notary personally know the credible witness, OR
- Can the witness provide acceptable ID?
- Is the witness honest and reliable?
- Is the witness disinterested in the transaction?
Step 2: Administer Oath to Witness
The notary administers an oath (or affirmation):
"Do you solemnly swear (or affirm) that you personally know this individual and that their name is [Principal's Name]?"
Step 3: Witness Responds
The credible witness answers: "I do" or "Yes"
Step 4: Proceed with Notarization
- The principal's identity is now established
- Proceed with the notarial act
- Principal appears and notarization is completed
Comparison: ID Document vs. Credible Witness
| Aspect | ID Document | Credible Witness |
|---|---|---|
| What is Required | Current government-issued photo ID | Person who knows principal |
| Common Use | Most notarizations | When principal lacks ID |
| Notary Fees | No extra fee for ID | No fee for oath to credible witness |
| Documentation | Record ID details | Record witness oath |
Who Can Serve as a Credible Witness?
Acceptable Credible Witnesses:
- Friends or family of the principal (if disinterested)
- Colleagues or neighbors
- Anyone who personally knows the principal and meets requirements
NOT Acceptable:
- Someone who benefits from the transaction
- Someone listed as a party in the document
- Someone the notary believes is not honest or reliable
- Someone the notary cannot identify
Important Fee Note
Under G.S. 10B-31, a notary cannot charge a fee for administering an oath or affirmation to a credible witness for the purpose of identifying a principal. This is specifically excluded from the fee schedule.
Key Points for the Exam
- Credible witness: Alternative when principal lacks ID
- Witness qualification: Must be honest, reliable, disinterested
- Notary must know/identify witness: By personal knowledge or acceptable ID
- Oath required: Witness must swear to principal's identity
- No fee: Cannot charge for credible witness oath
A principal cannot provide identification. Who can serve as a credible witness to identify them?
Can a notary charge a fee for administering an oath to a credible witness?