Key Takeaways
- Notary must obtain satisfactory evidence of signer's identity
- Two methods: personal knowledge OR acceptable identification document
- Acceptable IDs include passports, driver's licenses, and government-issued IDs with photo
- IDs may be current or expired no more than 3 years
- Credible witness may identify signer if no ID is available
Satisfactory Evidence of Identity
Before performing any notarial act, the notary must verify the identity of the signer. Ohio Revised Code 147.53 specifies the methods for obtaining "satisfactory evidence" of identity.
Two Primary Methods of Identification
Ohio law provides two main ways to identify a signer:
| Method | Description |
|---|---|
| Personal Knowledge | Notary personally knows the signer |
| Identification Document | Signer presents acceptable ID |
Additionally, a credible witness may be used when the signer has no acceptable ID.
Method 1: Personal Knowledge
A notary has personal knowledge of the signer's identity when:
- The signer is personally known to the notary
- Knowledge was developed through dealings sufficient to provide reasonable certainty
- The notary is confident the person has the identity claimed
What Constitutes Personal Knowledge?
| Acceptable | NOT Acceptable |
|---|---|
| Long-term family member | Just met today |
| Coworker known for years | Someone you recognize from TV |
| Regular customer you know well | Social media connection only |
| Longtime friend | Introduced by a stranger |
Important: Personal knowledge requires more than casual acquaintance. You must have reasonable certainty of the person's identity.
Method 2: Identification Documents
The most common method is inspection of an acceptable identification document.
Acceptable Documents
Ohio accepts identification documents that contain:
- Photograph of the individual
- Signature of the individual
- Current OR expired not more than 3 years before the notarial act
Types of Acceptable IDs
| Acceptable ID | Notes |
|---|---|
| U.S. Passport | Current or expired within 3 years |
| Driver's License | Any U.S. state; current or expired within 3 years |
| Government-issued nondriver ID | State ID cards |
| Other government ID with photo and signature | Military ID, etc. |
2025 Law Clarification
House Bill 315 (effective April 3, 2025) clarified that acceptable identification:
- Must contain a photograph AND signature (or be satisfactory to the notary)
- May be current or expired not more than 3 years before the notarial act
- The notary retains discretion to decline an ID they find unsatisfactory
What to Check on an ID
| Element | What to Verify |
|---|---|
| Photo | Does it match the person appearing? |
| Name | Does it match the document being signed? |
| Expiration | Current or expired within 3 years? |
| Physical description | Reasonable match to the person? |
| Signs of tampering | Any alterations or damage? |
Method 3: Credible Witness
When the signer cannot present acceptable identification, a credible witness may vouch for their identity.
Credible Witness Requirements
The credible witness must:
- Be personally appearing before the notary
- Be personally known to the notary OR present acceptable ID
- Take an oath affirming the signer's identity
- Have no financial interest in the transaction
Who Can Be a Credible Witness?
| Acceptable | NOT Acceptable |
|---|---|
| Unrelated third party known to notary | The notary themselves |
| Person with acceptable ID who knows signer | Someone with financial interest in document |
| Any disinterested party | Party to the transaction |
Notary's Right to Decline
The notary can always decline if not satisfied with the identification presented, even if it technically meets the legal requirements.
Reasons to decline may include:
- ID appears altered or damaged
- Photo doesn't match well
- Something seems "off" about the situation
- Suspicious circumstances
Identification for Representatives
When someone signs in a representative capacity (for a company, as power of attorney, etc.), the notary should verify:
| For | What to Verify |
|---|---|
| Individual Identity | Same as any signer |
| Representative Authority | Not required to verify, but recommended to ask |
Note: The notary is NOT responsible for verifying that the representative actually has authority—only that they are who they claim to be.
On the Exam
Key points about identification:
- Two main methods: Personal knowledge OR acceptable ID
- ID requirements: Photo + signature, current or expired within 3 years
- Credible witness: Available when signer has no ID
- Notary discretion: Can decline if not satisfied
- Not required to verify authority: Only identity
Which of the following is an acceptable form of identification for an Ohio notarization?
What does "personal knowledge" mean for identification purposes?
How long may an ID be expired and still be acceptable in Ohio?