Understanding Key Forms of Identification for Notary Use

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance on specific laws regarding Remote Online Notarization (RON), digital signatures, and related legal matters. As laws concerning RON and notarization are subject to frequent changes, it is advisable to verify current regulations with your local government.

Forms of identification (ID) are essential for notaries to verify the identities of signers. Notaries must be confident that the person signing a document is who they say they are in order to help prevent fraud and protect the public.

There are a variety of forms of ID that notaries can accept. The specific types of ID that are acceptable vary from state to state, but most states require notaries to accept government-issued ID with a photo and signature. Some common examples of acceptable forms of ID for notary use include:

• Driver’s license
• Passport
• Military ID
• State ID card
• Permanent resident card (green card)

In addition to government-issued ID, some states may also allow notaries to accept other forms of ID such as:

• Student ID
• Company ID
• Tribal ID
• Utility bill
• Bank statement
• Credit card

Please note that not all the above-listed IDs may be used in every situation, especially where remote online notarization is involved (which is why it’s important to check your state’s laws and with your attorney when considering notarization options). When choosing a form of ID to present to a notary, it is essential to make sure that it is current and valid. Notaries may not accept expired IDs or IDs that have been altered or damaged. It is also important to note that notaries have the right to refuse to notarize a document if they are not comfortable with the signer’s ID. 

In this article, we will discuss the forms of identification notaries use and provide tips for choosing the right form of ID to present to a notary.

Understanding the Role of a Notary Public

A notary public, an official appointed by the state government, serves as an impartial witness in performing various acts related to signing important documents. They also help protect against fraud and deception. 

The Critical Step in Document Signing

In 2023 alone, over 1 million cases of identity theft were reported in America. With the stakes so high, we can understand why it’s essential for notaries to be vigilant when verifying identities during any document signing process.

When it comes to getting a document signed and notarized, verifying identities is a critical step. To validate someone’s identity during notarial services, the person must present acceptable identification, such as a driver’s license or passport.

Typically, a notary service will follow a step-by-step procedure to help ensure the validity of the document:

1. The notary will check that the signer is who they claim to be by checking a valid government-issued ID. This is where identity verification comes in. 
2. Once the notary has confirmed the identity of the signer or signers, they will start the document signing process and then walk the signer through the document signing.
3. The signers will sign the document in the presence of the notary. 
4. The notary will complete the notarization by adding their notarial stamp.

Standard Forms of Identification for Notarization

When it comes to notarizing documents, one cannot stress enough the importance of proper identification. Without valid identification, a notary public will be unable to authenticate the individual and finish the process.

Driver’s licenses, passports, and military IDs* are widely accepted forms. They contain all necessary information such as photo, signature, physical description, and unique identifying number that can make them suitable for verification purposes.

*note that military IDs may not, in all cases, be accepted for RON transactions due to prohibitions against copying the ID.

Unaccepted Forms of Identification

You might wonder why certain items aren’t considered acceptable forms of identification. Take credit cards or social security cards; they do bear your name but lack some critical features required by most states.

• Credit Cards: Although you use these daily, they don’t carry sufficient data about you (like a photo or signature) making them unsuitable for this purpose.
• Social Security Cards: While crucial in many scenarios like employment verification or tax filing processes – Social Security cards miss out on elements like photographs which make them unfit here.
• Birth certificates: These lack a photograph and current information, making it impossible to visually verify the holder’s identity.
• School identification cards: These often lack rigorous security features and may not be government-issued, reducing their reliability.
• Bank cards: Similar to credit cards, they don’t provide sufficient identifying information and are easily transferable between individuals.
• Company IDs (unless specifically allowed by state law): These are not government-issued and may lack standardized security features.
• Utility bills: While they may show an address, they don’t include a photo or other identifying features necessary for identity verification.
• Bank statements: Like utility bills, they lack the necessary identifying information and can be easily altered or reproduced.
• Library cards: These typically lack security features and don’t provide enough personal information for proper identification.
• Gym membership cards: They are not official documents and can be easily transferred between individuals.
• Insurance cards: These don’t include a photo or other key identifying information required for notarial acts.
• Costco or Sam’s Club membership cards: While they may include a photo, they are not government-issued and lack other necessary identifying information.
• Temporary or paper IDs: These are often not accepted because they can be easily altered and may lack security features found in permanent IDs.

Remember, the specific acceptance of IDs can vary by state, so it’s always best to check local regulations or consult with the notary beforehand.

The Impact of Expired IDs on Notarization

An important aspect of notarization is the requirement for proper identification. However, there is a notable discrepancy in the acceptance of expired IDs for notarization across different states in the United States.

In Texas, expired IDs may be accepted for notarization under certain conditions. This means that if an individual’s ID has expired, it can still be considered valid for notarization purposes and the notary public may accept it as a form of identification.

On the other hand, states like New York and California do not allow the use of expired IDs for notarization. In these states, the ID must be current and valid to be accepted as a form of identification.

The reason for this discrepancy lies in the differences in state legislation governing what forms of ID can be used during a notarial act. Each state has its own set of laws and regulations regarding notarization, which can result in varying requirements for acceptable forms of identification.

It is essential for notaries public and individuals seeking notarization services to be aware of the specific laws and regulations in their state regarding acceptable forms of identification to ensure a smooth and compliant notarization process.

The Role of Credible Witnesses in Notarization

When a signer lacks an acceptable form of identification for notarizing a document, credible witnesses step into the picture. It’s important to note that this varies from state to state, and ou should always check with an attorney or your notary to see if a credible witness will be allowed for your unique situation.

Who Can Be A Credible Witness?

A credible witness should be an impartial third party familiar with both the signer and the notary public. Often, this person is someone who knows the signer well but doesn’t directly benefit from the transaction. For RON, many states require credible witnesses to undergo credential analysis and identity proofing just like the signer, even if they know the notary.

Remote Online Notarization (RON) and Identification Standards

The rise of Remote Online Notarization, or RON as it’s often called, has shaken up the world of notary services. As a process that can allow you to get documents notarized from anywhere with an internet connection and a laptop with video and audio capabilities, it has certainly made life easier for many.

But how does this affect identification standards? Well, just like traditional notaries need to verify your identity before they can put their seal on your document, so do online ones.

It’s important to note that RON services are not applicable to all states or documents. We recommend checking with an attorney before proceeding with a remote online notarization to ensure your document is eligible.