Personal Appearance and Positive Identification of Signers
What this domain tests
This domain tests two independent requirements: the signer must personally appear before the notary at the time of the act, and the notary must positively identify the signer using a method North Carolina law recognizes. Exams often present a signer who is known to the notary, sends an ID with someone else, or appears by ordinary video call.
Core rules
- Traditional notarization requires physical presence. A phone call, ordinary webcam, or mailed document does not satisfy personal appearance.
- Remote electronic notarization is different: it requires the notary to be registered for electronic notarization and to use an approved audio-video process. Do not treat an ordinary video call as compliant.
- Acceptable identification normally includes a current, unexpired government-issued photo ID bearing the signer’s photograph and signature. Compare the face, name, and signature, and record the ID details in the journal.
- A credible witness may be used only as the statute allows: the witness must be personally known to the notary, must know the signer, and must provide satisfactory identification. Do not use a stranger or a person with an interest in the transaction as a convenient witness.
- A photocopy, expired ID, or ID belonging to another person is not positive identification. If identification is insufficient, refuse and explain what is needed.
- Check that the signer is willing and aware. Appearance and identification do not cure incapacity, fraud, or duress.
Worked example
A signer mails a signed deed and a photocopy of a driver’s license to the notary. The notary should refuse. The signer has not personally appeared, and a photocopy is not satisfactory identification. Having the signer’s spouse appear with the original license also fails because the spouse is not the signer. The signer must appear before the notary, or the transaction must use a properly authorized remote electronic notarization process.
Traps that cost marks
Do not confuse “I know this person” with statutory identification. Do not accept an expired license because the photo looks correct. Do not let a translator, agent, or family member supply the signer’s identity. Do not notarize a signature that was already complete when the signer arrived if the act requires signing in the notary’s presence.
Key points
- Personal appearance and identification are separate requirements.
- Ordinary video or mailed documents do not satisfy in-person appearance.
- Remote electronic notarization requires registration and approved audio-video procedures.
- Use current government photo ID or another statutorily permitted method.
- Refuse when the ID is expired, a copy, or belongs to someone else.