Why Does a Notary Require Identification from the Signer?

22 Sep

https://thesandiegomobilenotary.com

Identification: Establishing the Identity of the Signer

The purpose of a notarization is to formally identify the signer of a document using valid identification to add a layer of authenticity to a notary transaction.

What Type of Documents Can a Notary Public Use?
Notaries public are required by California law to certify to the identity of the signer when
performing their notarial duties. California law clearly defines the types of identification a notary
public may use to establish the identity of the signer, which are listed in California Civil Code
section 1185(b)(3) and (4). All identification documents presented by the signer must be either
current or issued within the last five years.
California law separates the types of acceptable identification into two categories. The first
category of acceptable identification documents that may be used to establish identity do not
require any additional criteria for use.
1. An identification card or driver’s license issued by the California Department of Motor
Vehicles;
2. A United States passport;
3. An inmate identification card issued by the California Department of Corrections and
Rehabilitation, if the inmate is in custody in a California state prison;
4. Any form of inmate identification issued by a sheriff’s department, if the inmate is in
custody in a local detention facility.
The second category of identification documents that may be used to establish the signer’s
identity only can be used if the identification also contains a photograph, description of the
person, the signature of the person, and an identifying number.
1. A valid consular identification document issued by a consulate from the applicant’s
country of citizenship;
2. A valid passport from the applicant’s country of citizenship;
3. A driver’s license issued by another state or by a Canadian or Mexican public agency
authorized to issue driver’s licenses;
4. An identification card issued by another state;
5. A United States military identification card (caution: current military identification cards
might not contain all the required information);
6. An employee identification card issued by an agency or office of the State of California,
or an agency or office of a city, county, or city and county in California;
7. An identification card issued by a federally recognized tribal government.
If a signer presents any of the seven listed identification documents above and the document
does not contain all of the required information, the notary public may not use the identification
document to establish the identity of the signer for a notarial act.
Regardless of the type of identification document used to establish the identity of the signer(s),
the notary public always must require the signer(s) to present the required identification
document in person. The notary public should be confident that the person whose description
and photograph on the identification document is the person who is presenting the identification.
A notary public cannot be expected or required to make a distinction between a fraudulent
identification card and a legitimate one; however, the notary public can confirm that the
photograph and the description indicated on the identification document match the person
appearing before them.

  •  For more information, visit the Secretary of State website at www.sos.ca.gov

Steve thesandiegomobilenotary.com

For more information, you can click on the following links:

http://www.sos.ca.gov/notary/authentication/
https://assets.hcch.net/upload/abc12e.pdf
https://www.thesandiegomobilenotary.com

 

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