Key Takeaways
- Notary must verify identity of every principal
- Two methods: personal knowledge OR satisfactory evidence
- Satisfactory evidence means acceptable ID documents OR credible witness
- Notary is liable for failing to properly identify signers
- Never notarize if identity cannot be verified
Satisfactory Evidence Overview
Under North Carolina law, notaries must verify the identity of every principal before performing a notarial act. This is one of the notary's most important duties.
Two Methods of Identity Verification
| Method | Definition |
|---|---|
| Personal Knowledge | The notary personally knows the individual |
| Satisfactory Evidence | Acceptable ID documents OR credible witness |
Definition: Personal Knowledge
Under G.S. 10B-3, "personal knowledge" or "personally know" means:
- Familiarity with an individual
- Resulting from interactions over a period of time
- Sufficient to eliminate every reasonable doubt
- That the individual has the identity claimed
Key Point: Meeting someone once is NOT personal knowledge. The notary must have ongoing familiarity with the person.
Definition: Satisfactory Evidence
Under G.S. 10B-3, "satisfactory evidence" means identification based on either:
-
At least one current document issued by a federal, state, or federally/state-recognized tribal government agency that bears:
- The photographic image of the individual's face, AND
- Either the individual's signature OR a physical description
-
The oath or affirmation of one credible witness who personally knows the individual
The Identity Verification Decision
Does the notary personally know the principal?
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| |
YES NO
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Proceed with Principal must provide
notarization satisfactory evidence
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Acceptable ID Credible Witness
Document Verification
Consequences of Failure to Verify Identity
| Consequence | Severity |
|---|---|
| Class 1 Misdemeanor | Criminal charge |
| Commission Revocation | Loss of notary authority |
| Civil Liability | Financial damages |
| Professional Harm | Reputation damage |
Key Points for the Exam
- Two methods: Personal knowledge OR satisfactory evidence
- Personal knowledge: More than just meeting someone once
- Satisfactory evidence: ID document OR credible witness
- Never notarize: If you cannot verify identity
- Criminal penalty: Failure to verify is a Class 1 misdemeanor
What are the two methods a notary can use to verify the identity of a principal?
A notary meets someone at a party and they exchange business cards. Does the notary have "personal knowledge" of this person?