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.
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.
 |
The document signer appearing before the Notary is the person named on the
document. |
|
The document signer is personally known to the witness. |
|
The witness believes that it would be difficult or impossible for the
document signer to obtain acceptable identification. |
|
The document signer does not have any acceptable identification. |
|
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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