Key Takeaways
- The notary must positively identify every signer
- Personal knowledge of the signer is the highest form of identification
- Acceptable ID includes current government-issued photo identification
- Credible witness identification may be used when no ID is available
- The notary is liable for negligent identification
Satisfactory Evidence of Identity
Proper identification is the cornerstone of notary work. Your primary duty is to prevent fraud by verifying that signers are who they claim to be. Failure to properly identify a signer can result in liability and loss of your commission.
Methods of Identification
New York recognizes several methods to identify signers:
| Method | Description | Reliability |
|---|---|---|
| Personal Knowledge | You personally know the signer | Highest |
| Documentary Evidence | Government-issued photo ID | High |
| Credible Witness | One or two witnesses who know the signer | Acceptable |
Personal Knowledge
Personal knowledge means you know the signer well enough to be certain of their identity without any documentation.
What Constitutes Personal Knowledge?
| Sufficient | NOT Sufficient |
|---|---|
| Long-standing friendship | Met once before |
| Family relationship | Same neighborhood |
| Professional relationship over time | Same workplace (without interaction) |
| Multiple personal interactions | Someone vouches for them |
Best Practice: Even with personal knowledge, ask for ID as an extra precaution. This protects you and the transaction.
Documentary Evidence (ID Documents)
Acceptable Forms of Identification
| Acceptable ID | Requirements |
|---|---|
| Driver's license | Current, photo, issued by any US state |
| Passport | Current, US or foreign |
| Government-issued ID | Current, with photo |
| Military ID | Current, with photo |
| State-issued non-driver ID | Current, with photo |
What to Check on ID
| Element | Verify |
|---|---|
| Photo | Resembles person before you |
| Name | Matches name on document |
| Expiration | ID is not expired |
| Physical description | Height, eye color roughly match |
| Signature | Compare to signature on document (if possible) |
Unacceptable Forms of ID
| NOT Acceptable | Why |
|---|---|
| Expired ID | No longer valid government identification |
| Social Security card | No photo |
| Credit/debit card | No government verification |
| Student ID | Not government-issued (usually) |
| Employee ID | Not government-issued |
Credible Witness Identification
When a signer has no acceptable ID, you may use credible witnesses to identify them.
Requirements for Credible Witness
The credible witness must:
- Personally know the signer
- Be known to the notary (or present acceptable ID)
- Have no interest in the transaction
- Take an oath regarding the signer's identity
One Credible Witness vs. Two
| Scenario | Witnesses Needed |
|---|---|
| Witness known to notary personally | One witness |
| Witness identified by acceptable ID | Two witnesses (in some states) |
New York Practice: Credible witness identification should be used sparingly and only when absolutely necessary.
Refusal to Notarize
You must refuse to notarize if:
- Signer cannot provide satisfactory identification
- ID appears altered, expired, or fraudulent
- Photo doesn't match person before you
- Signer is impaired and cannot understand the transaction
- You have reasonable doubts about identity
Liability for Improper Identification
| Consequence | Result |
|---|---|
| Civil liability | Sued for damages caused by fraud |
| Commission revocation | Loss of notary authority |
| Criminal liability | Potential criminal charges |
| Bond claim | Claim against your surety bond |
On the Exam
Expect 3-4 questions on identification:
- Personal knowledge: Highest form of ID
- Acceptable ID: Current government-issued photo ID
- Expired ID: NOT acceptable
- Refusal: Required if cannot properly identify
- Liability: Notary responsible for negligent identification
What is the highest form of identification for notary purposes?
Can a notary accept an expired driver's license as identification?
When should a notary refuse to notarize a document?