Identification of Signers and Personal Appearance
This domain tests satisfactory evidence and the appearance requirement.
Satisfactory evidence
A notary must identify the signer through satisfactory evidence: personal knowledge, a current government-issued identification credential with photo and signature, or the oath of a credible witness who is personally known to the notary. Check that the photo, name, and signature match the person and the document. An expired ID is not a valid identification credential unless another basis exists. For remote acts, identity proofing and credential analysis replace or supplement in-person inspection only when authorized.
Appearance
The signer must appear physically before the notary or through an approved remote system. Appearance lets the notary observe willingness, awareness, and signature. A notary may not notarize based on a phone call, emailed image, or a third party's assurance. The notary must also be physically located in Kentucky when performing the act.
Worked example
A notary has known a coworker for five years. The coworker presents an expired driver's license for an acknowledgment. Personal knowledge can supply satisfactory evidence, so the notary may proceed if genuinely confident and should note the basis. If the person were a stranger with the same expired license, the notary should decline and ask for current ID or a credible witness personally known to the notary.
Traps
- Accepting an expired license as a valid credential.
- Relying on a companion who is not personally known to the notary.
- Ignoring a name mismatch or photo mismatch.
- Notarizing from a video image without remote authorization.