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October 26, 2013

How to Notarize a Copy of a Passport

Notarize a copy of a passport

There is always some confusion about the legality of copying and notarizing official documents. You cannot notarize a birth certificate, marriage or death certificate. There is no official certification procedure for getting a certified copy of a passport. California notaries can make a certified copy of a power of attorney, but that is the only type of document that you can get a certified copy of. So, what type of notary act can you do to notarize that copy of your passport?

There is a notary act called a copy certfication by document custodian. This is basically a Jurat with some unique wording. It makes the sign swear under oath to the accuracy and completeness of the copy. It is common for students to have copies of transcripts notarized using this procedure. I used the copy certification by document custodian form regularly when I was a notary since it was the only way to accommodate requests for copies.

Many notaries do not carry the form for the certification by document custodian Jurat procedure, so if you need this done, figure out ahead of time whether or not the Notary has the forms that are acceptable to whomever you are submitting your document to as they are the boss in a sense.

You might also like:

Notarize copies of passports (Forum)
http://www.123notary.com/forum/topic.asp?TOPIC_ID=1904

Can a resident alien card be used for a notarization?
http://blog.123notary.com/?p=8282

A California Notary Acknowledgment goes to Taiwan
http://blog.123notary.com/?p=6981

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July 21, 2023

Top Hurdles: The Problems Notaries Encounter

Filed under: General Articles — Tags: — Tom Wilkins @ 12:00 am

The notary industry is among the oldest yet most critical components of business transactions and legal documents. This job involves a lot of responsibility, complex details, and potential mistakes that may only be obvious once you have experience. We’ll look at some of the top issues affecting notaries everywhere and how they can prepare for these potential hurdles as best as possible, from knowing when to refuse to sign a document to understanding common frauds that you should watch out for a while on duty. The purpose of this blog post is to provide you with comprehensive information on how to become a successful notary and maintain your success.

Notarizing Documents When A Signer Isn’t Present

One of the primary concerns among notaries is the improper notarization of documents when the signer is absent, whether physically or through remote conferencing. Despite clear warnings against this practice, notaries may face pressure from clients or fall victim to social engineering tactics, such as bogus phone calls from the supposed signer.

When the signer isn’t present, the potential for fraud increases significantly. Ethical notaries must be prepared to decline requests for executing documents without all signers present, ensuring the integrity of the notarial process.

Insufficient Signer Identification

Confirming the identity of the signer is a critical step for notaries. State statutes typically require either personal knowledge or satisfactory evidence that the individual matches the description in the document. Government-issued identification, such as driver’s licenses, passports (foreign and domestic), military IDs, and permanent resident IDs, is commonly used to verify a signer’s identity.

To ensure compliance, notaries must familiarize themselves with the identification rules specific to their state and adopt reliable methods to confirm the identity of signers.

Incomplete Certificates and Oath/Affirmation Neglect

Completing a notarial certificate before signing and stamping it is a fundamental requirement. Neglecting to do so constitutes significant notary misconduct, potentially resulting in losing one’s commission or facing fines. Similarly, not administering an oath or affirmation during the notarization of a jurat is a common error to avoid.

To prevent such mistakes, notaries should review the essential elements of a notarial certificate, diligently learn the required verbal ceremonies for each act, and affix their seal only after completing the certification and ceremony accurately.

Challenges in an Expired Notary Environment

Navigating the notary business when one’s commission has expired can be daunting. It is essential to determine whether a traditional or electronic notary is required based on document specifications. For electronic notarization, notaries need to verify if their state permits remote online notarization (RON) and seek out providers that meet legal and security standards.

Notaries should schedule appointments with suitable RON providers to overcome these challenges, gather all necessary documents and valid identification, and be prepared to cover any applicable fees. Proactive planning ensures a seamless transition and avoids disruptions caused by the expiration of a notary commission.

Notarizing Documents After Commission Expiry

Remaining vigilant about commission expiration is crucial to avoid issues related to notarizing documents after expiration. Notaries must be aware of the consequences of acting as a notary public after their commission has expired, as fines and legal penalties vary by state.

Notaries should diligently monitor their commission’s expiration date to mitigate this risk and refrain from performing notarial acts beyond that point. Before scheduling customer appointments, thoroughly familiarizing oneself with state regulations and different notarial acts is essential.

Credible Witness Situations

Credible witnesses are pivotal in notarial services addressing one of the top issues affecting notaries. A credible witness becomes invaluable when confronted with a customer who needs more acceptable identification and is unfamiliar with the notary. This reliable third party is entrusted with the responsibility of testifying to the customer’s identity, helping to uphold the integrity of the notarial process.

Before proceeding with the notary act, notaries must notarize a verification on oath or affirmation signed by the credible witness. The witness confirms the customer’s identity and attests to their acquaintance.

Overcome Challenges, Excel As A Notary, And Leave Your Mark In The Field – Success Awaits You!

While these top issues affecting notaries may present challenges, they should encourage individuals to embrace their roles as public servants. By acknowledging these challenges and proactively preparing to overcome them, notaries can ensure the effective and reliable delivery of notarial services. Should additional problems arise or further assistance be needed, experienced notaries can provide guidance and support. Together, we can tackle these hurdles and uphold the integrity of the notary profession.

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May 19, 2023

Mobile Notary Etiquette Tips

Filed under: Etiquette — Tags: , — Tom Wilkins @ 12:00 am

Mobile notaries are professionals who play a crucial role in facilitating the signing of legal documents. They travel to their client’s locations to witness and notarize documents, saving clients the hassle of traveling to a notary public office. As a mobile notary, it is essential to maintain a high level of professionalism. In this article, we will share some tried and true mobile notary etiquette tips that will help ensure the notarization process runs smoothly.

Dress Professionally

As a mobile notary, it is important to dress professionally when meeting clients. This creates a good first impression and sets the tone for notarization. Dressing in business attire and wearing a name badge is recommended to identify yourself as a notary. Dressing professionally is one of the most important mobile notary etiquette tips you should follow.

Be Punctual

Clients appreciate punctuality, and it is a sign of professionalism. As a mobile notary, ensure you arrive at the scheduled time or a few minutes early to avoid delays and inconveniences.

Communicate Effectively

Effective communication is key in any professional setting. When dealing with clients, it is important to communicate clearly and concisely, using simple language they can understand. Listen attentively to their concerns and address them appropriately.

Bring Necessary Supplies

Ensure you have all the necessary supplies for the notarization process, such as a notary journal, seal, stamp, and pen. Also, ensure these supplies are in good condition and comply with the relevant state laws and regulations.

Check Client Identification

Before notarizing any document, verifying the client’s identity is important. Ask for a government-issued ID such as a driver’s license, passport, or state ID. Check that the ID is not expired and that the name and photo match the client.

Stay Impartial

As a notary, it is important to remain impartial and not take sides in any transaction. Your role is to witness and notarize the document, not to provide legal advice or express personal opinions.

Maintain Confidentiality

Clients trust notaries to keep their information confidential. Ensure that any personal information the client provides is kept confidential and not shared with any third party.

Explain the Notarization Process

Clients may need to be more familiar with the notarization process, so it is important to explain it to them. Let them know what they need to do, what you will do, and what to expect after completing the notarization process.

Be Flexible

Mobile notaries often work with clients who have busy schedules. Therefore, it is important to be flexible and accommodate the client’s schedule as much as possible. This may involve working outside regular business hours or traveling to remote locations.

Keep Accurate Records

As a notary, you must keep accurate records of all notarized documents. Ensure you complete the notary journal, including the client’s name, date, type of document, and any other relevant information. Also, ensure that you keep the journal in a safe and secure location.

Proper Etiquette Will Improve Your Reputation

In conclusion, mobile notaries play a crucial role in facilitating the signing of legal documents. To maintain high professionalism and etiquette, it is important to dress professionally, be punctual, remain impartial, maintain confidentiality, and be flexible. By following these mobile notary etiquette tips, notaries can provide exceptional services to their clients and build long-lasting relationships. For more notary tips, check out this article on how to be a successful mobile notary.

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September 17, 2019

How a video game reminded me what a noble profession we have

Filed under: Other Guest Bloggers — admin @ 9:57 pm

So, you’re probably wondering why I’m even talking about a video game. After all, working as a notary is serious business and you wouldn’t be wrong in saying that it is a profession where errors are seriously frowned upon. Our experience in the profession varies, but the one thing that’s constant among all notaries is that there are professional standards that need to be met.

Some tasks are straightforward and simple, while others are more complex. Yet, no matter how simple the task may be, the smallest error can put others at risk. The game I’m referring to, called Papers, Please, offers is a similar — albeit virtual — experience.

First Off, What Exactly Is Papers, Please?

A recently released point and click game game, Papers, Please places the player in the shoes of a border inspector of a country called Arstotska. The player’s task is to screen each person who wants to enter the country and to try to adhere to standards set by the government. There are many other aspects of the game, but this is the aspect that I want to put a heavy emphasis on. In the game, making an error gets you a citation, and in the later stages an error means letting dangerous people through the border, which puts lives at risk. You essentially handle sensitive data, check it for accuracy and truthfulness, and decide whether you’d allow the person into the country or not.

It’s quite similar to how we check statements and decide if the facts hold up. In fact, most, if not all court proceedings rely heavily on notarized documents, especially during personal injury cases, according to the lawyers at tariolaw.com.

Why Should We Care About This Game?

Well, that’s where the error is. You assume that this is about the game. It’s not. What really struck me was how the tasks got more and more complicated as the game progressed. You have to assess various pieces of information and decide whether to stamp a traveller’s passport, allowing them access through the border.

This puts an air of risk in the game, even when all the player does is to look through papers and counter-check facts presented by a traveller. And the way that the travelers interact with the player in an attempt to appeal to the player’s kinder nature forces you to make hard decisions.

How Is It Related To The Profession?

It reminded me a lot of how we, as public notaries, are the front line of defense against any attempts to commit fraud. In the same way that the inspector in Papers, Please is the first line of defense against people who would do the country harm, we are the first line of defense against people who want to put falsehoods onto paper or when they try to twist the truth in their favor.

And it’s rather funny that I was unexpectedly reminded of this duty by a video game that I happened to stumble across whilst browsing my YouTube feed in my free time!

I mean, whether you’ve had 30 years of experience in the profession or you’re a rookie who’s learning the ropes, it can be draining to do the same thing over and over if you forget your purpose. I’ll say it again, ours is a profession that can’t have any mistakes, whether they’re big mistakes or common mistakes — we are all about accuracy and precision. And sometimes it can be quite draining, but always remember that the seal that we stamp has power and authority. People are depending on us to verify facts and to educate them on what they’re getting into by signing a document.

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March 6, 2019

How do you get something notarized if you don’t have ID?

Filed under: Technical & Legal — Tags: , , — admin @ 9:28 am

How to get something notarized if you don’t have ID?

Credible Witnesses
The answer is that it’s not so simple. Most states have rigid rules for who can be notarized and what type of identification is necessary. However, many states allow you to be notarized if two individuals called “credible witnesses” swear to your identity. They can generally be anyone who knows you. But, how can you know if you are in a state that allows credible witnesses? Ask a local notary and find out. The sad thing is that many of them do not know how to use credible witnesses to identify a signer. So, do your homework and find a Notary who is in the know, so to speak.

The Process of Obtaining an ID
In the long run all people should have an ID, and there is a typical way to get this. You need to get your birth certificate from the city you were born in — and hopefully you know where that is. From there, you can get a state ID card and then you can get a passport.

How it Used to Be
Many years ago, you could get a Jurat done (which is a notary act.) Jurats require a sworn Oath but did not used to require identification on the part of the signer. I believe that they do now in all states, but I could be wrong.

Typical ID’s that are acceptable for a notary would be:
State issued ID cards
Drivers licenses
Passports
Military ID cards
Green cards did not used to be acceptable in California but might be now and you can ask a local notary.
Credit cards with photos are NOT acceptable.
Social Security cards are also not acceptable.

As a general rule a government issued photo ID with a signature, serial number, physical description and expiration date would be acceptable.

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You might also like:

Notary Public 101 – A Guide to Identification
http://blog.123notary.com/?p=19507

Identification for Prison Notarizations
http://blog.123notary.com/?p=22139

Expired Identification
http://blog.123notary.com/?p=8294

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September 4, 2018

Find a Notary who can notarize an inmate at Men’s Central, Twin Towers, Century Regional. Pitches Detention Center

Do you need a Notary who can do prison notarizations? 123notary has many Notaries who offer mobile service to jails, prisons, correctional facilities, penitentiaries, and detention centers. Here are some issues involved:

1. Someone needs to meet the Notary at the jail. That person can be an Attorney, family member, friend, or paid assistant.

2. The inmate must have identification that is satisfactory to the state where the notarization takes place. It is ideal if the person meeting the Notary has a current ID for the inmate such as a valid and current driver license, ID card, passport, etc. However, if the inmate has a wristband or jail ID card that is acceptable to the state where the notarization is taking place.

3. A California Notary may accept an inmate identification card issues by the state Department of Correction and Rehabilitation.

4. Florida allows Notaries to accept inmate ID cards issued by the U.S. Department of Justice or Bureau of Federal Prisons.

5. Credible witnesses are allowed in most states. A credible witness is a person who can vouch for the identity of a signer who does not have ID. Typically the credible witness must swear under Oath as to the identity of the signer (exact procedure depends on state laws) and must be identified by the notary and sign the journal in the additional information section. Some states allow one credible witness who knows both the Notary and inmate while others allow two who both know the signer, but don’t necessarily know the Notary. Other states allow one or two, while some states do not allow identification via credible identifying witnesses.

6. In states that require a journal, you must find a way to get the journal to the other side of the glass. Normally a warden will be happy to assist you with this task, however wardens might keep you waiting for five or ten minutes in my experience.

7. Lock downs happen in jails. If a lock down happens, you might be asked to leave, or might be taken virtually hostage until the lock down is over.

8. The Notary must have full vision of the signer and the signer must appear before the Notary. It is okay if the signer is on the other side of a glass provided that direct communication is possible. In my opinion, the signers should be within about five feet of the Notary otherwise you cannot fulfill the “personal appearance” requirement of most Notary acts.

9. Power of Attorney documents are common documents to be notarize in a correctional facility. That document normally requires an Acknowledgment which is a common Notary act which just requires the signer to sign the document, and then sign a Notary journal (most states but not all states). The Notary would need to check whatever ID the inmate has available and enter that information into the journal.

10. You can find a Notary on 123notary.com to do your jail signing. It is best to bring cash, and pay the travel fee up front. Then pay waiting time and whatever fee there is per signature after the work is done. Each Notary has their own fee and method of collecting their fee. Paying in two stages makes it easier for the Notary as some people try to get out of paying the Notary at all if there is any type of problem getting the inmate to come to the visiting room or sign, or be identified.

You might also like:

See our Jail Notary string
http://blog.123notary.com/?tag=jail-notary

A guide to notarizing for prison inmates
https://www.nationalnotary.org/notary-bulletin/blog/2016/07/guide-notarizing-for-prison-inmates

Jail notarizations forum string
http://www.notaryrotary.com/archive/forum/2009/March/Jail_Notarizations.html

Jail signing information
https://www.linkedin.com/pulse/notary-jail-signing-information-susana-landa

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An inmate needs to be notarized
An inmate needs a notary
An inmate needs a notarized document
An inmate needs a notarized power of attorney
An incarcerated person needs to be notarized
An incarcerated person needs a notary
An incarcerated person needs a power of attorney notarized
Find a Notary who can notarize an inmate
Find a Notary who can travel to a jail.
Find a Notary who can notarize at a jail.
Find a Notary who can travel to a prison.
Find a Notary who can notarize at a prison.
Find a Notary who can notarize at a detention center.
Find a Notary who can travel to a detention center.
Find a Notary who can travel to a penitentiary
Find a Notary who can notarize at a penitentiary
Find a Notary who can travel to a correctional facility
Find a Notary who can notarize at a correctional facility

Find a Notary who can travel to a Los Angeles County prison facility
Find a Notary who can notarize at a Los Angeles County prison facility
Find a notary who can travel to Twin Towers Los Angeles
Find a Notary who can travel to Men’s Central Los Angeles
Find a Notary who can travel to Century Regional Los Angeles
Find a Notary who can travel to Pitches Detention Center, Valencia, CA
Find a Notary who can travel to North County Correctional Facility
Prison power of attorney notary
Prison power of attorney notarized
Detention center power of attorney notary
Detention center power of attorney notarized
Correctional Facility power of attorney notary
Correctional Facility power of attorney notarized
Penitentiary power of attorney notary
Penitentiary power of attorney notarized
Jail power of attorney notary
Jail power of attorney notarized
Jail Notary
Jail Notarization
Prison Notary
Prison Notarization
Detention Center Notary
Detention Center Notarization
Correctional Facility Notary
Correctional Facility Notarization
Penitentiary notary
Penitentiary notarization

How can I obtain a valid government issued ID from prison?
Is a state prison ID government issued?
Notary goes to prison
Can a notary go to jail?
Do jails provide a notary?
Can you go to jail for notarizing a family member in Florida?

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April 3, 2018

Using the correct Notarial Certificate for an Apostille:

Filed under: Other Guest Bloggers — Tags: , , — admin @ 10:17 am

At our office in Downtown Los Angeles — A1 Live Scan & Notary Services – we get to correctly renotarize many notarized documents that the SOS rejects doing an Apostille because the wrong notarial certificate was used by a Notary.

Let’s first start with what is an Apostille?
An Apostille authenticates the Notary Public as a valid and licensed Notary to a foreign government or agency. The foreign entity relies on the SOS to make sure that the document being sent to them was in fact notarized by a currently licensed notary in good standing.

Next the question is what type of Notarial Certificate do you attach to a document being taken to the SOS for an Apostille?

First and foremost, ask the singer and explain the differences between the 3 commonly used certificates – All Purpose Acknowledgment, Jurat and Copy Certification by Document Custodian.

If the signer is not sure, go over the preprinted language on the document with the signer if there is notarial wording. In most cases even if there is notarial wording, it would not comply with California Notary Laws. So then look at the existing language and if it has “affirmations”, “oaths” or “swearing as to the truth of the contents”, use a Jurat.

If the language does not have an Oath but merely says the person appeared in front of you and acknowledged signing the document, then use a California All-Purpose Acknowledgment.

The third type of Notarization for an Apostille is when a signer brings a document such as College transcripts, Degree Certificates, Passport copy, letters from third parties. These documents are already signed by the issuer and there is no notarial wording. In this case, you use a certificate called, “Copy Certification by Document Custodian” to notarize the document by the person who brings it to you even if it is not that person’s document. Hence the name “…by Document Custodian”.

Hope this clarifies the confusion surrounding certificates used for an Apostille.

You might also like:

Apostille – general information
http://blog.123notary.com/?p=21419

Index of posts about Notary acts
http://blog.123notary.com/?p=20280

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April 2, 2018

The ID Says John Smith

Filed under: Technical & Legal — Tags: — admin @ 10:56 am

Q. The name on the ID says John Smith, but the typed name in the document says John W Smith… Can you notarize the signature under these circumstances?

A. You can have him sign John Smith and notarize him as John Smith. The might not wash with the Lender but looks legal. Or, have him sign John W Smith, but put only John Smith in the Acknowledgment. That way you are ONLY certifying the name he proved to you was really his.

Other things you could do…
Ask for other ID. If they don’t have it, if your state allows credible witnesses, use them to identify the signer. You can always notarize the signer based on his name on the ID regardless of the typed name on the document. The Lender might not like that, but your main job is to please the law.

For the most part, signers will have identifications that are thorough enough to use for purposes of notarization. However, it is possible that an ID will have a name that is either shorter, or that doesn’t match the name on the document. Notaries scramble the requirements for positive identification. There is the “you can have more than but not less than” rule. More than what? Less than what? This is a bad rule to learn because it gets scrambled more than not. Here are some basic principles:

1. You can always over sign (Lender principle)
This is a Lender or Title requirement, not a law. The law does not say anything about over signing in anything I have ever read. If the document says John Smith and the signer signs John W Smith, that might be okay with the Lender, but it might not be acceptable to notarize. Your job as a Notary is NOT to please Lenders, but to notarize people who you have positively identified. If the ID says John Smith then you can notarize the signer as John Smith prudently, but nothing longer than that.

2. The name on the document must be provable based on government issued photo identification.
I will not go over the particulars of an acceptable ID, and some of the particulars are state specific. As a general rule, a state issued photo ID card, driver license, passport or military ID are fine for a Notary to accept. If the ID says John William Smith and the document says John Smith, then you are fine, but if the ID name is shorter then you cannot prudently use it to identify the signer. If the ID says John Smith, but the signature on the document says John W Smith, you cannot prudently notarize that name even if the Lender says it’s okay. The Lender is not your boss, the laws of your state’s state notary division are, so obey the right entity, and stay out of jail.

3. You cannot use an AKA statement
A Signature Affidavit with AKA statement is not an acceptable primary or secondary ID. As a Notary you cannot use it to identify a signer ever. It is for the lender only.

If I ask you if it is prudent to notarize a signature that says John W Smith when the ID says John Smith, if you make me repeat myself, scramble the scenario, or quote some dumb rule that doesn’t apply in this situation such as point one in this article, you will not only get the question wrong, but get marked up for having poor communication skills. This is a yes or no question, please answer it accordingly.

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You might also like:

Notary Public 101 — Identification
http://blog.123notary.com/?p=19507

The 30 Point Course – a free loan signing course on our blog
http://blog.123notary.com/?p=14233

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January 16, 2018

Credible Witnesses, the ins and the outs.

Not all states allow credible witnesses, and some states like California have odd rules for credible witnesses. I also have opinions about credible witnesses as I used them frequently.

Some states that allow credible witnesses require only one witness. One that knows both the signer and the Notary.

Some states don’t allow credible witnesses at all.

While other states allow the use of two credible witnesses who both know the signer but do not know the Notary. Or one credible witness who knows both.

The problem is how credible witnesses are used. Credible witnesses are normally used when the Notary gets to a Notary appointment and the signer has no ID. Or sometimes the ID has the wrong name. Hurry, get a credible witness or the notarization is over! So, you grab a neighbor, or coworker who swears they know you well.

The problem is that knowing you as a neighbor is very different than knowing you well enough to have your middle name(s) memorized.

You could test a credible witness out and ask, “What is this man’s middle name?” If they don’t know it, I would not think of them as a credible or reliable source of information. The law might allow you to use them but does it really make sense. They are just going along with whatever middle name the signer claims to be.

Or, you could use your judgement while picking credible witnesses. Personally, I feel that a family member or spouse is a quality choice for a credible witness as family members will know the other family members middle names. But, my friends who I’ve known for 30 years I do not know their middle names — sorry to say.

Additionally, in California, the credible witness has to swear that the signer cannot easily obtain an identification acceptable to the state of California such as a driver license, passport, etc. So, if the signer has an ID, but the names do not match, it would be bending the law to use a credible witness in that situation. If you don’t believe me, read page 12 of the 2017 California Notary Handbook.

All in all, I would say that using credible witnesses as a way to get out of a bind is something that should only be done if the credible witness really knows the person intimately and knows their middle names intimately off the top of their head. Otherwise you are just finding loopholes. And God forbid if you don’t take journal thumbprints you are asking for a court case and an FBI investigation! Be cautious as a Notary. It is easy to get in trouble and big trouble!

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You might also like:

Credible witnesses – the process explained
http://blog.123notary.com/?p=16695

Where do credible witnesses sign the notary journal book?
http://blog.123notary.com/?p=2508

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

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October 13, 2017

Notary Public 101 — Identification

Return to table of contents for Notary Public 101.

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IDENTIFICATION

As a Notary Public, the most important thing you do is to identify a signer. Different states have different rules for what identification document you can use and how someone is to be identified. If a Notary fails to do a good job identifying a signer, that Notary can quickly end up in court as a witness or defendant. In my opinion if you don’t do a good job identifying signers, you might as well not be a Notary Public.

Identification Documents & Characteristics
Commonly accepted ID’s include passports, driver’s licenses, state issued ID cards, military ID’s. Green cards (permanent resident cards) are not necessarily allowed, so look that one up in your handbook. As a rule, an acceptable ID must be:

Current — (there are exceptions in California, Tennessee and perhaps other states that allow the ID to be issued within five years even if it is expired.)

Government Issued — Some Notaries think that a signature affidavit or gas bill is a good secondary form of ID, but those are not government issued and you don’t know what the source of the information for the names on them are.

Photo ID — An acceptable ID should have a photo. I do not think that many states allow social security cards as secondary identifications. However, you can look that up in your handbook.

Physical Description — the ID would say your height, eye color, etc.

Serial Number — the ID should have a number such as A58362D.

Expiration Date — the ID should have an expiration date somewhere. Normally there is an issue date as well somewhere.

Signature — the signature on the ID is important because you will need to compare that to the one in your journal and on the document made by the same person.

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THE NAME ON THE ID

Different states have different rules for what the name on the ID should say relative to the name on the document. Some states do not require the names to match. Others require that the Notary be reasonably sure that the person in the ID and the person on the document are the same person. Reasonably sure is a wishy-washy term. You can never be 100% sure it is the same person because ID’s can be falsified and there could be multiple people with the same name as well as multiple people who look similar to each other. Identifying humans is easier than identifying squirrels, but there can still be confusion. The name on the document’s signature must be provable to the name on the ID, otherwise it would be questionable and risky to notarize that signature.

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PROCEDURE

When you do a Notary act, you ask for the signer’s identification. You record that information in your journal and you keep a journal whether your state requires it or not as that is your only evidence in court. You compare the name on the ID to the name on the document. If the name on the document is not provable based on the ID then you are advised to decline the notarization, especially if it is for a Deed. Here is a summary of the ID and acknowledgment notarization process.

(1) Ask for ID.
(2) Record ID information in journal
(3) Have signer(s) sign your journal and the document(s)
(4) Compare the name in the document to the name on the ID. Make sure the name on the document is provable based on the ID.
(5) Make sure the signature in the journal, document and ID all match.
(6) Fill out the certificate, sign and seal.

Examples of provability in ID
ID says John Smith — document says John W Smith…. name is NOT provable.
ID says John W Smith — document says John W Smith… name is provable
ID says John William Smith — document says John W Smith… name is provable based on the ID.

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FAKE ID

Keep an eye out for fake ID’s. There are guide books that can yelp you identify a false identification. If there is peeling lamination or the signature is above the lamination then it is fake. You can ask the signer what his sign is or what his birthday or height is. If he does not know his sign or birthday based on the ID, then his ID is fake. If he does know his sign that is great, but does not prove the ID is real.

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THUMBPRINTS

If you value your life, ask for journal thumbprints. They can keep you out of court. People might complain about being asked to be thumbprinted as it can seem like an invasion of privacy and a hassle — but a thumbprint is the only way an investigative agency can have a paper trail leading to an arrest of an identity thief. Thumbprints are the only unique form of identification a Notary can use at this point in time. No two thumbprints are alike, and they cannot be forged at a Notary appointment unless they wear a latex thumbprint on their thumb which would be easily detectable.

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You might also like:
Is it legal to photo copy a military ID?
http://blog.123notary.com/?p=22120

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