Identification, Personal Appearance, and Notarial Certificates
Identification, Personal Appearance, and Certificates
This domain tests the three elements that make a notarial act defensible: the signer appears before the notary, the notary identifies the signer, and the notary completes a proper certificate at the time of the act.
Core rules
- Personal appearance is required for traditional notarization. The signer must be physically present before the notary. Remote online notarization is an exception only where the state has authorized it and the notary complies with its technology, identity-proofing, and recording rules.
- Satisfactory identification commonly means personal knowledge or a government-issued photo ID that is current, bears a signature, and includes a physical description. Expired IDs are generally unacceptable. Some states allow credible witnesses, but usually only when no acceptable ID is available and with strict requirements.
- The certificate must be completed contemporaneously. It identifies the venue, the date, the signer, the act performed, and the notary. The notary signs and applies the official seal or stamp.
- Never sign or seal a blank certificate. Never let someone else fill in the certificate after the fact. The notary must personally complete the notarial wording.
Worked example
A signer presents an expired driver's license and a current gym card. The gym card lacks a photo and signature, so it is not satisfactory evidence. If the state permits credible witnesses, the notary may use one or two witnesses who personally know the signer and can provide acceptable ID; otherwise the notary must decline. The reasoning: the notary's certificate asserts that identity was proven by lawful means, and an expired or inadequate ID does not support that assertion.
Traps
- Notarizing for a signer who is not physically present.
- Accepting an ID that is expired, photocopied, or lacks a photo.
- Signing the certificate before the signer appears.
- Using a credible witness without meeting the state's specific requirements.