What If
My Identification Is Invalid And I Don't Have Other
Acceptable
Identification?
If you DO NOT have valid identification as defined
by Civil Code §1185, you may be identified by
either one or two credible identifying witnesses who must
produce acceptable identification.
Only one credible
identifying witness is required provided
that individual is personally known by the notary and
is
able to produce acceptable identification.
Two credible identifying
witnesses are required if neither of them
are personally know by the Notary.
They must also produce acceptable
identification.
The witnesses must personally
know you and take an oath attesting to your identity.
The witnesses may not have an interest in or be named in
the document.
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Reminder:
Effective
January 1, 2008
PERSONAL
KNOWLEDGE ALONE NO LONGER
ACCEPTABLE
IDENTIFICATION!
Every
credible witness,
known or unknown to
the Notary, must
present valid
identification to the
Notary.
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What Are
"Credible Identifying
Witnesses?"
When a signer is unable
to present proper identification, the signer may be
identified on the oath or affirmation of one or two
credible identifying witnesses. If there is
only one credible identifying witness, he or she must be
personally known by the Notary, otherwise two credible
identifying witnesses are required.
The witness, whether personally known or
unknown by the Notary, must present acceptable
identification as defined by Civil Code
§1185. In
either case, each witness must swear or affirm that the
following is true.
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The document signer appearing
before the Notary is the person named on the
document. |
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The document signer is
personally known to the witness. |
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The witness believes that it
would be difficult or impossible for the document
signer to obtain acceptable
identification. |
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The document signer does not
have any acceptable identification. |
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The witness has no financial or
beneficial interest in the document and is not
named in the document. |
What If The Name On The Document Is Similar
To The Name On My Identification But Doesn't Quite
Match? Notaries follow the "less but not more
rule."
For example, if the identification reads
"Jackson James Jones," the Notary may accept the signature,
"Jackson Jones", "Jackson J. Jones" or "J. Jones." However,
the Notary may not accept more of a name than appears
on the identification. For instance, the Notary
may not accept the signature "Jackson James Jones" if the
identification reads "Jackson J. Jones." Best practice? Sign
your name exactly how it appears on your
identification.
What If My Identification Has My Maiden Name
But The Document Contains My Married
Name? The name on the identification MUST
match what is on the documentation (or follow the
"less but not more rule").
If you cannot present acceptable
identification, you may be identified by one or two credible
identifying witnesses (as defined above). Remember, a
marriage license is not considered
acceptable notarization identification as
defined by Civil Code §1185.
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