How Does a Notary Verify Identity?
How Does a Notary Verify Identity? A Guide to the Process
Written by Crystal Knight
When dealing with legal documents like property deeds, affidavits, or contracts, a notary public often ensures the authenticity of signatures. One of the primary roles of a notary is to verify the identity of the individuals involved in signing a document. Understanding how a notary verifies identity is crucial, whether you need notary services or are simply curious about the process. This article explains how notaries confirm identity, the documents they use, and why these steps are essential.
Why Identity Verification is Important
Notaries serve as impartial witnesses, helping to prevent fraud and ensure that the person signing a document is who they claim to be. By verifying identity, they help safeguard the integrity of legal and financial transactions. Without a proper identity verification process, individuals could sign documents under pretenses, leading to potentially severe legal complications.
Steps to Verifying Identity
A notary must verify the identity of the signer before notarizing any document. The process generally involves two key steps:
1. Personal Appearance
- The individual signing the document must appear before the notary in person. This physical presence allows the notary to observe the signer’s behavior and ensure that they are signing voluntarily without any coercion. Remote notarizations are available in some states but still require stringent identity verification steps.
2. Identity Verification Through Documentation
- Notaries rely on government-issued photo identification to confirm the signer’s identity. Acceptable forms of ID typically include:
- Driver's license
- State-issued ID card
- Passport
- Military ID
- Permanent resident card (Green card)
The ID must be valid, unexpired, and contain a clear photo and signature. The notary checks the details on the ID—such as name, signature, and photograph—against the person standing in front of them.
What Happens if the Signer Lacks Proper ID?
In cases where the signer does not possess acceptable identification, the notary can use alternative methods to verify identity. These methods vary depending on state regulations but typically include:
1. Credible Witnesses
- If the signer does not have a valid ID, one or two credible witnesses who know the signer personally may vouch for their identity. These witnesses must also present their valid IDs and swear to the notary that they know the signer and that the signer is who they claim to be.
2. Biometric Identification
- In some advanced cases, biometric methods such as fingerprints may be used to verify identity. However, this is not yet common practice and is more likely in cases involving high-security transactions.
Red Flags for Notaries
Notaries are trained to identify potential red flags during the identity verification process. They may refuse to notarize a document if:
- The signer’s ID appears fake or tampered with.
- The signer is unable to produce acceptable identification.
- The person seems unsure or confused about the document they are signing.
- The notary suspects coercion or fraud.
The Role of Remote Online Notarization (RON)
With the rise of technology, Remote Online Notarization (RON) is becoming more popular. In a RON process, identity verification typically involves additional steps. These may include "knowledge-based authentication" (KBA) questions, where the signer must answer questions based on their personal history (e.g., past addresses), as well as the use of facial recognition software to compare the signer’s appearance with their ID photo.
Verifying identity is one of the most critical duties a notary public performs. Whether through personal appearance, valid IDs, credible witnesses, or biometric verification, the notary ensures the authenticity of signatures on important legal documents. This process helps protect against fraud and safeguards the integrity of various legal and financial transactions. Knowing how a notary verifies identity can help you be prepared the next time you need documents notarized.
By adhering to these steps, notaries maintain the trust and legal reliability that underpin many important transactions in both personal and business contexts.