When it comes to correctly certifying to the identifying signers, Notaries typically resort to one of two methods. First is the standard state issued identification (valid Driver License or State ID) that is current and the second is where the more experienced notaries resort to using credible witnesses when the signer does not have proper identification. On rare occasions, notaries who are confident in their work will use a subscribing witness to identify a signer who cannot physically appear in front of a notary to sign documents.
SEVEN (7) FORMS OF IDENTIFICATION A CALIFORNIA NOTARY CAN LEGALLY ACCEPT:
1. State issued ID or Driver License from any of the 50 states in the United States.
2. Valid International Driver License from Canada or Mexico only.
3. Valid U.S. Passports issued by the Department of State. Valid Foreign Passports stamped by the U.S. Immigration and Naturalization Services.
4. Using two credible witnesses to identify the signer. Used when the notary does not know the witnesses and the witnesses does not have a beneficial interest in the transaction. The witnesses vouch for the identity of the signer when the signer does not have proper Identification.
5. Using one credible witness to identify the signer when the notary knows the witness and the witness can vouch for the identity of the signer.
6. Using a Subscribing Witness when the signer cannot appear in person to sign in front of the notary. Because of the susceptibility of fraud, a subscribing witness cannot be used for Real Estate transactions.
7. Valid Military ID that contains the name & picture of the signer, signature of the signer, serial or ID number as well as the issue date and/or expiration date.
Note: The only time a Notary can accept an expired ID or passport is if it was issued within the last 5 years.
SEVEN (7) FROMS OF IDENTIFICATION CALIFORNIA NOTARIES CANNOT LEGALLY ACCEPT:
1. Alien Registration Card (Green Card) for non-immigration documents (§ 8230. Identification of affiant; verification). This can get tricky because the Green card issued by the Federal Government contains everything required in the military ID, but still is not approved by the Secretary of State.
2. Employment Authorization Card/Work Permits
3. Matricular Consular ID issued by the Mexican Consulate or many Central American countries.
4. International Driver License from any country other than Mexico and Canada.
5. Voter Registration or Election Card with picture and other biographical details from any country.
6. Birth Certificate with Social Security card
7. Department of Homeland Security Notice issued as temporary identification that has all the required elements in a military ID.