How to Properly ID Signers

As a Notary public, one of the first and most important roles I play in my community is to prevent fraud. To do that, when notarizing a signer's signature, I must first and foremost correctly identify the signer. I have been a notary for three years and am traveling headlong into my fourth commissioned year. I am 100% guilty of not taking the time to identify my singers properly. Especially since I started using the amazing NotaryEjournal, my journaling has gotten easier. The signer handed me their ID, and I scanned it into my iPad with the NotaryEJournal; it pulled all the relevant information and inputted it into my digital journal. Great, but that does not identify the signer. Today, for me and you, I want to write about the proper way to identify signers. 

Every state is going to have different requirements for how to identify your signers. For example, if the notary knows the signers in some states, “personally known to me” works. However, in others, like mine ( California), that does not work, and the California Secretary of State has clearly outlined what form of identification I can and cannot use. I will not cover all 50 states' rules on the types or forms of IDs you can use to identify signers. I want to focus on how to use those approved IDs to identify your signer properly. 

We ask for signers' IDs to establish their identity accurately and verify the legitimacy of their signatures. As I mentioned before, the procedure may differ based on local regulations, but the general steps include:

1. Verify the ID's Authenticity: The notary examines the identification document to confirm its genuineness, checking for security features like holograms, watermarks, or other validity indicators. In addition, the NNA ( National Notary Association) publishes a book every year with all the different kinds of IDs from every state. It's a great resource to keep in your notary bag. You can get that book here. They also have a book that identifies international ids. You can grab that one here. I should mention that you must be a commissioned notary to purchase these books. If you are not an NNA member, you must provide a copy of your commission to buy. 

2. Check for Expiration: The notary ensures that the identification document has not expired, typically accepting only current and unexpired IDs for notarization. Check your state's rules about this. I know we can accept expired IDs in California as long as the issued date is within five years. 

3. Match Information: Comparing details on the ID, such as name, photograph, and physical description, with the information provided by the signer helps confirm that the person presenting the ID is the individual named on the document. This means lookup. Look at the ID and look up at the person presenting the ID. We can’t confirm identification if we don’t compare the ID picture to the person standing in front of us. ( This is for me as much as it is for you.) Notaries have missed imposters by not verifying the person in front of them matches the picture. It's a simple step that could avoid a great deal of trouble for you, the notary.

A special note on Jail Notarizations. I am not talking about prisons here but county jails. The inmates will only have a wristband. The best you can do to verify this inmate is who they say they are is that the jail brought down the person you asked for and by their jail ID number. Check your state's rules when it comes to jail notarizations. In California, the ID band is sufficient. 

4. Examine Signature: The notary may compare the signature on the ID with the one about to be signed on the document, looking for similarities to ensure both signatures appear to be made by the same person. People's signatures can change. I hope this is true, as in California, they stopped teaching students cursive in grade school and junior high. My 18-year-old son's signature on his driver's License looks like a third grader's. He's practicing to get better. Still, your job is to decide if their signature is consistent with the signature on their identification.

5. Record Information: Notaries often document ID information in their notary journal, a chronological record of notarizations, creating a paper trail and reference for future verification. Even if your state doesn’t require you to keep a notary journal, doing so will help to protect yourself and your signers. 

6. Follow Legal Requirements: Notaries adhere to specific laws and regulations governing identification in their jurisdiction, which may include additional requirements or specific acceptable identification types. This is very much state-specific. So check your state's rules to see if there are any particular elements the ID must have to be acceptable. 

It's crucial to acknowledge that procedures can vary by jurisdiction, and notaries must be familiar with the laws in their area. Advancements in technology may also influence identification processes, with some regions allowing electronic verification or remote online notarization, provided specific security measures are in place.

If our job as notary publics is to help prevent fraud, we must take the role of identifying the signer seriously. Even if it adds a few minutes to your appointment, take the time to make sure it is right. You can avoid massive financial loss, pain, and suffering for the signers and maintain good standing with your secretary of state and commission. 

I hope this blog post will help you become a better, more aware, and considerate notary as you take on this fantastic and important job of being a Notary Public. 

Until next week, Ensure you are looking up when taking those IDs.

Jennifer K Cooper, JKC Mobile Notary