A newlywed signer's driver license had her maiden name printed on it. The document I was asked to notarize had her hyphenated married name. I refused to notarize because her ID did not match the document. The bank's Notary was willing to notarize the document. This is not the first time I refused because of a name discrepancy, only to have another Notary step in. Can I report wrongdoing by another Notary or bank? If so, to whom? — B.N., Kaneohe, Hawaii
Yes, you may report suspected wrongdoing by another Notary to the Hawaii Attorney General.
Below is the Hawaii administrative rule regarding what identification you are required to use:
“No acknowledgment, jurat, or other instrument shall be taken, unless the person offering to make the acknowledgment, jurat, or instrument is personally known to the notary public to be the person whose name is subscribed to the acknowledgment, jurat, or instrument as a party thereto, or is proved to be such by the oath or affirmation of a credible witness known to the notary public, or by production of a current identification card or document issued by the United States, this State, or any other state, or a national government that contains the bearer’s photograph and signature” (HAR 5-11-7; see also HRS 502-48).
While this rule clearly sets forth the type of identification a Notary must use to identify a document signer, it does not address the matter of variations of name or other attributes appearing on an identification document.
While the word “current” in the rule most likely means that the ID card should not have expired, it is possible it could be taken to apply to any information that is on the card. Under this view, “current” would mean the name listed on the card is the current name of the bearer.
As a professional standard of practice, the National Notary Association recommends that a signer with a hyphenated last name should present an ID with the fully hyphenated last name. In our opinion, you were correct to refuse the notarization, but whether the bank Notary violated Hawaii law must be left up to the determination of the Attorney General.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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