Updated 3-11-21. 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 physically hold and examine the ID.
In order to ensure the ID is satisfactory, you will need to physically examine 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 law requirements.
While examining the ID, make sure that 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 government or a 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 on 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 surface of the card. Other security features may include holographic images, patterns or hidden details that only show up when held up to a light. An ID reference guide can help familiarize you with what to look for when checking ID security features.
4. If something doesn’t match, look for other discrepancies.
If a picture or description on an ID is out of date, it’s possible the signer has simply changed their hair color, lost weight, or been ill recently — but it may also mean the signer is an impostor.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 with 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 appear to match the information listed on the ID as well? 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 ID information in your journal entry
Many states require you to keep a record of your notarizations, so make sure you include all the information required by your state laws and rules.
If you live in a state that does not require you to keep a Notary journal, you should always include the name, address and signature of each signer; a description of the evidence used to identify each signer; 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 guideline. 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 an Associate Editor at the National Notary Association.