What Are California Notary Identification Rules?
To be a California notary public, the California Secretary of State requires the completion of an initial application process to ensure that applicants are fit for the role. To that end, applicants for notary public commissions and notary public applicants must meet certain minimum identification requirements. The identification requirements are meant to protect the public by ensuring that notary public applicants are who they say they are. Up until July 1, 2016, there was some ambiguity in the law, but an update to California Civil Code Section 1185 . 8 clarifies that in order to establish his or her identity, a notary public applicant must provide one of the following forms of identification:
● A driver’s license or identification card issued by the California Department of Motor Vehicles
● A United States passport
● A passport issued by a foreign government, provided that it has been stamped by the United States Bureau of Citizenship and Immigration Services
● A Driver’s License or a government identification card issued by another state
● A military identification card issued by the United States military
While these five types of identification have always been acceptable, the new law makes clear that in order to serve as a notary public, applicants must present a copy of one of these forms of identification, not just provide the number of their identification.
Types of Permissible Identification Documents
The range of identification documents accepted by California notaries is broad and typically meets the needs of anyone appearing before a notary public. Acceptable forms of identification include: driver’s licenses or other state-issued ID cards; U.S. Passports; military identification cards; tribal government photo IDs; and foreign government-issued photo IDs.
- California Driver’s Licenses and State IDs. The most common forms of identification presented to California notaries are a driver’s license or a state-issued photo ID card. The notary must look for a photo; a physical description of the signer that matches the physical appearance; an issue or expiration date on the card; a signature that appears to match the one of the document; and whether or not the card appears to be authentic. (Rev. & Tax. Code § 1185.6.)
- U.S. Passports. A passport, although not a vehicle operator’s card, is an official government-issued form of identification that fits our criteria perfectly. It has a photo, an expiration date and an identifying signature. It even carries its own list of appearance rules set forth by the Passport Services Agency of the Department of State. A passport is acceptable for first-time applicants to the notary who do not have an existing driver’s license. (Fam. Code § 350.)
- Military Identification Cards and Tribal Government ID’s. These documents, too, are official photo identification cards that bear signature and expiration dates and satisfy the criteria. They are issued by the U.S. Government or by federally-recognized American Indian tribes. (Fam. Code § 310.)
- Foreign Government-Issued ID’s. Notaries should always ask for identification that is issued from a country or territory that has established normal diplomatic relations with the United States. Military government-issued identification cards issued in this manner are also acceptable. Because some prefectures of Japan do not use a central government issuance method, the Secretary of State requires the presentation of a passport, rather than a Japanese prefecture-issued ID, as proof of identity to a notary. (Family Code § 1127.)
Special Considerations for Foreign Identifications
The Foreign Affairs Manual (FAM) of the Department of State provides that notaries must not accept a passport or passport card issued by another country without established security features, even if it is unexpired. If the passport does not have security features, the notary should require an alternate form of identification. If neither the passport nor an alternate form of identification can be produced, the notary should refuse to perform the notarial act. Passports or passport cards issued after August 2007 and containing security features include: Additional information on acceptable foreign identification can be found on the California Secretary of State’s website at: http://www.sos.ca.gov/notary/faq.htm#id.
Notarizing Signatures of Minors
As discussed above, the Notary Public has a special duty in cases where the person whose signature will be notarized is a minor (a person under 18 years of age). The Notary must check the minor’s birth certificate (or other acceptable form of identification), and if there is a question about whether the document is legitimate, the Notary must contact a second adult (parent or legal guardian) for confirmation of identity. At the time of the appointment, the Notary should pay careful attention to the fact that the minor is accompanied by someone who appears to be a parent or legal guardian. There are many combinations of parental relationships that can be encountered. Here are some examples of how the Notary might ensure that he/she is identifying the person who has custody of the minor:
Parent/Guardian Roles: When verifying the identity of the minor, the Notary is not verifying the identity of the parent. The Notary should therefore obtain a California driver’s license number or DMV-issued identification number for the parent or legal guardian presenting the minor for signature. If the parent/guardian has no California driver’s license or ID card, then an acceptable alternative form of ID must be obtained from that person (such as a valid U.S. passport). Of course, the Notary’s log must include a thumbprint regarding the parent/guardian.
In California, neither a minor nor a witness is required to have identification in order to give a thumbprint in the journal. Generally, a minor can write the fingerprint of either hand on the page of the Notary’s journal whenever the minor executes a signature in the presence of the Notary.
Exceptions to the rules for verifying identity are as follows: 1. Minors less than 14 years of age require the consent of both parents, unless they are being independently represented. 2. A Notary may not take an acknowledgment from a minor unless his/her appearance before the Notary is consistent with the minor’s written acknowledgment. If the minor is using a signature different from that on the written acknowledgment, then the Notary must have the consent of the minor’s parent or guardian.
What If You Can’t Confidently Identify the Fid?
The circumstances that arise during signings and the questions that a notary public may receive from a signer warrants a section about "handling identification challenges." Here is a basic framework for this section that the California Secretary of State posted on its website by notarize.com: "An officer of the law, who has power to arrest, or any other person who is authorized to approve these identifications in an official capacity, may sign, under his or her official seal, an affidavit setting forth the facts of the matter and may transmit this affidavit with the instrument, document or writing." "’Reluctant signer’ (Civil Code sections 1185(b) and 1195) The signer(s) will not provide a thumbprint. Have the signer complete a ‘No Thumbprint Affidavit’ acknowledging the requirement and refusing to supply the thumbprint, then attach the completed, signed Affidavit. (See Device: Thumbprint Affidavit). The signer(s) will not provide for capacity or identity proofing. Have the signer(s) complete a ‘California No Capacity IDs Affidavit’ or a ‘California No Capacity IDs Affidavit’ acknowledging the requirement and refusing to provide this information , then attach the completed, signed Affidavit. (See Device: Capacity or Identity Proofing Affidavit). The signer(s) ‘s name(s) does/do not match the one of the type(s) of identification provided. Please note that a notary public cannot deny notarization when the name listed on an identification card is different than one of the names written on the document being notarized. Acceptable alternate names on an identification card include a short name for the signer (e.g., Bob vs. Robert), a middle name or initial or a maiden name and last name combination (e.g., Smith-Miller vs. Smith, or Miller vs. Smith-Miller) depending on how the signer writes the name on the document and their explanation that both are them. "The signer cannot answer the channeler’s questions fully and satisfactorily. If the signer(s) are not able to answer the demanded questions being asked of them about their identity at the signing table, the signer(s) can always call the toll free number of that specific channeling company.(Please see acceptable identification above in this FAQ.) Channeling companies make calls to the signer(s) to verify that the signer(s) are who they say they are."
Why It’s Important
Understanding California Notary Identification Requirements
With the enormous amount of financial fraud and abuse notary public are susceptible to, failure to comply with California law could result in significant claims of liability against a notary. Notaries must follow the rules for acceptable forms and information on identification absolutely. While it is not common, conscientious notaries have had their commission challenged by the California Secretary of State for the failure to comply with California law.
If a notary fails to follow the rules for acceptable forms of identification, he or she can be accused of committing misrepresentation in order to collect the $10 per signature. Notaries have been accused of collecting the $10 from each party to a real estate transaction when several hundred notarized signatures were required. This results when a borrower and notary sign a multi-thousand page mortgage document and each signature is notarized. A title company later discovers that the notary didn’t mark the form of ID on the acknowledgment.
In addition to challenging the commission, the notary might also be liable for general negligence, failure to follow advice, misrepresentation, negligent misrepresentation, negligent infliction of emotional distress, and professional negligence if found to have notarized a signature without proper ID.
Staying on Track with the Changes
As is true with many laws in California, changes occur frequently in the identification requirements. It is crucial for both Notaries and clients to stay on top of these changes by subscribing to newsletters and alerts from professional organizations and other governmental agencies . State Notary regulators keep current lists of acceptable forms of ID for use by Notaries. In addition to a newsletter, the Secretary of State’s Notary Public Section also periodically posts news alerts and legislative updates on the home page of its website.