Updated 3-20-23. A Notary’s primary duty is to authenticate identification before witnessing a signature. Follow these helpful tips for proper verification of identity:
1. Always ask to hold and examine the ID physically
2. Make sure the ID meets your state’s Notary ID requirements
3. Familiarize yourself with security features on common IDs for your state
4. Look for other discrepancies if something on the ID doesn’t match
5. Record the ID information in your Notary journal entry
1. Always ask to hold and examine the ID physically
To ensure the ID is satisfactory, you will need to read it. When a signer presents identification, ask that it be handed to you so you can look at and touch any details and security features to confirm they are genuine. Don’t simply glance at a driver’s license or ID card in the window of a signer’s wallet, as this leaves you unable to check the ID card’s security features (see below).
2. Make sure the ID meets your state’s Notary ID requirements
While examining the ID, ensure it includes all required information under your state’s laws. For example, California statute provides a specific list of ID types California Notaries may accept and requires an ID to be current or issued in the past five years. Florida requires any ID on Florida’s list of acceptable identification to be current or issued within the past five years, and the ID must also bear a serial or another identifying number. For most notarizations, Texas requires a signer’s ID to be issued by the U.S. federal or state government and include a photo and signature. However, Texas Notaries may accept a current foreign passport as ID if the notarization involves a deed or other instrument related to a real estate transaction.
3. Familiarize yourself with security features on common IDs for your state
It’s a good professional practice to know the security features of IDs commonly used in your state and check to be sure they appear on the ID. Again, using California as an example, state driver’s licenses include features such as a raised printing of the signature and date of birth you can feel by running a finger over the card's surface. Other security features may include holographic images, patterns, or hidden details that only appear when held to a light. An ID reference guide can help familiarize you with what to look for when checking ID security features.
4. Look for other discrepancies if something on the ID doesn't match
If a picture or description on an ID is outdated, the signer may have changed their hair color, lost weight, or been ill recently — but it may also mean the signer is an impostor. If you are uncertain, follow any statutory guidelines first. For example, Pennsylvania’s laws specifically allow Notaries to refuse to perform an act if the Notary is not satisfied that the signer’s signature or appearance matches what is on the ID.
However, if you are in a state where the law doesn’t provide clear guidance, check if there is more than one discrepancy. For example, is the signer’s hair color not matching the photo the only difference? Or does their height and weight not also match the information listed on the ID? If you feel there is reasonable doubt the signer’s identity is legitimate, then it is better to stop the notarization until the signer can produce another satisfactory form of ID.
5. Record the ID information in your Notary journal entry
Many states require you to keep a record of your notarizations, so ensure you include all the information required by your state laws and rules.
If you keep a Notary journal, but your state does not have rules for journal entries, it’s a recommended practice always to include the date, time and type of notarization; a description of the document; the name, address and signature of each signer and any witnesses; a description of the evidence used to identify each signer or witness; and the itemized fees, if any, paid to you (The Notary Public Code of Professional Responsibility, Standard VII-A-4).
In addition, you may include in your journal entry other information you deem important (including any notes about verifying the signer’s identity) unless prohibited by law or official guidelines. However, you should not record a full identification number, serial number, Social Security number, date of birth or other non-public personal information unless required by your state’s law.
David Thun is the Assistant Managing Editor at the National Notary Association.