Key Takeaways
- Utah law defines "satisfactory evidence of identity" as identification through personal knowledge, acceptable ID documents, or credible witness
- Acceptable IDs must be current (unexpired), government-issued, and contain a photograph, signature, and physical description
- Common acceptable IDs include driver's license, state ID, U.S. passport, and military ID
- Personal knowledge means familiarity over time sufficient to eliminate every reasonable doubt about identity
- The notary is responsible for verifying identity regardless of how the signer appears
Satisfactory Evidence of Identity
One of the notary's most critical duties is verifying the identity of each signer. Utah Code 46-1-2(12) defines what constitutes "satisfactory evidence of identity" for notarial purposes.
Three Methods of Identification
Utah law allows three methods for establishing a signer's identity:
| Method | Description |
|---|---|
| Personal Knowledge | The notary personally knows the individual |
| Identification Documents | Government-issued photo ID meeting specific requirements |
| Credible Witness | A credible person vouches for the signer's identity |
Why Identification Matters
The notary's role as an impartial witness depends on properly identifying signers. Failure to identify a signer correctly can:
- Render the notarization invalid
- Subject the notary to liability
- Facilitate fraud or identity theft
- Result in commission revocation
Important: Never notarize a document if you cannot satisfactorily identify the signer. It is better to refuse a notarization than to risk facilitating fraud.
Requirements for Acceptable ID Documents
To be considered "satisfactory evidence of identity," an identification document must meet all of the following criteria:
Required Elements
| Element | Requirement |
|---|---|
| Issuing Authority | Government-issued (federal, state, or foreign government) |
| Photograph | Current photo of the bearer |
| Signature | Signature of the bearer |
| Physical Description | Height, weight, hair color, eye color, etc. |
| Currency | Must be current (not expired) |
Common Acceptable IDs
| ID Type | Issuing Authority |
|---|---|
| Driver's License | State DMV |
| State ID Card | State DMV |
| U.S. Passport | U.S. Department of State |
| U.S. Passport Card | U.S. Department of State |
| Military ID (CAC) | U.S. Department of Defense |
| Permanent Resident Card (Green Card) | USCIS |
| Foreign Passport | Foreign government |
Generally Unacceptable IDs
| ID Type | Reason |
|---|---|
| Social Security Card | No photo |
| Credit/Debit Cards | Not government-issued, no photo |
| Student ID | Not government-issued |
| Employee Badge | Not government-issued |
| Expired ID | Not current |
| Birth Certificate | No photo, no physical description |
Inspecting an ID Document
When examining an ID, the notary should verify:
- Photo comparison - Does the photo reasonably resemble the person?
- Physical description - Does height, weight, hair, eye color match?
- Signature comparison - Does the signature match (if signed in your presence)?
- Expiration date - Is the ID current (not expired)?
- Tampering - Any signs of alteration or forgery?
- Name matching - Does the name match the document being notarized?
On the Exam
- Three methods: Personal knowledge, acceptable ID, credible witness
- ID requirements: Government-issued, photo, signature, physical description, current
- Common acceptable IDs: Driver's license, state ID, passport, military ID
- Notary responsibility: Must verify identity even if signer is well-known in community
Which of the following is NOT a required element of an acceptable identification document for notarization purposes?
A signer presents an expired driver's license. What should the notary do?
What three elements are required for acceptable identification documents in Utah?