Identifying Signers
IDENTIFYING SIGNERS – ASSESSING MIDDLE NAMES AND INITIALSPublished November 4, 2024
An essential step of every notarial act involves a notary public properly identifying the person appearing before them.
That’s not a problem when the notary knows the individual well enough to have “personal knowledge” of their identity. Notaries in every U.S. state except California may identify a person by this standard, if it applies.
But if a notary does not personally know a person requesting a notarial act, then the notary must rely on satisfactory evidence* of identification. “Satisfactory evidence” differs from state-to-state. (Certain credentials, such as a current U.S. state-issued driver’s license, are considered “satisfactory evidence” in all states.)
________
*Some states allow a notary’s reliance on a “credible witness” to identify a person, subject to all specified steps and requirements.
If a customer’s ID credential or method is allowed by the notary’s state laws or administrative rules and meets all specifications that might also apply, then the notary may treat that ID as a form of satisfactory evidence of the signer’s identification.
Still, a notary’s reliance on a state-approved form of satisfactory evidence of identity can be hampered by additional challenges. For example, sometimes the signature or name on the person’s ID credential differs somewhat from how the person’s name appears on the document presented for the notarial act.
Consider these two circumstances:
- The principal’s name on the document they will sign is “Jane Grace Jones,” but her ID credential only indicates “Jane G. Jones.” Because the ID credential contains only a middle initial, it doesn’t offer enough detail for the notary to be satisfied that the present individual is the person named as the document signer and whose middle name is “Grace.” That middle-initial “G” on the ID credential could be for any name starting with a “G.”
- The principal’s name on the document is Jane G. Jones, but her ID credential indicates “Jane Grace Jones.” The ID credential offers more detail on the person’s middle name, but that’s not really helpful because the principal’s middle name as indicated on the document could actually be any name beginning with a “G.”
To resolve a name discrepancy between a person’s name on a document presented for notarization, and that person’s name as it appears on their ID credential, the notary might try any of the following:
- Contacting the document creator or a party that is relying on the document and asking for the present signer’s full name.
- Having a credible witness swear/affirm that the person claiming to be the named document signer is indeed the person present before the notary, IF relying on a credible witness is allowed by the notary’s state law.
- Asking the present document signer to show the notary additional forms of identification or other evidence that can help the notary decide whether the present individual is indeed the person named in the document presented for notarization. For example, the present document signer might have another type of credential or card in their wallet that displays this person’s middle name.
Even if the notarization is postponed, the notary should carefully note all circumstances and outcomes of this challenging situation in their recordbook (journal).
Your data is safe with us! (read our privacy and security policy)