What are the requirements for Notaries using personal knowledge to identify signers? Learn more: https://bit.ly/3uojBCr
Before governments issued ID cards, Notaries relied on personal knowledge to verify a signer’s identity. This was easy to do simply because people were more likely to spend their entire lives in one community as opposed to today’s highly mobile society.
Today, the use of personal knowledge varies based on state laws. Some
states provide requirements and offer guidelines while other states leave it up to the Notary to determine how well they know someone to justify the use of personal knowledge as a method of identification.
States that either clearly define personal knowledge or provide guidelines
include Pennsylvania, Florida, Arizona, and North Carolina. In Florida, for
example, a Notary can use personal knowledge when the signer is “An acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty.”
States that don’t offer any guidance regarding personal knowledge leave it to the Notary’s discretion. Texas says a Notary can take an acknowledgment if the Notary knows the signer but provides no more detail as to how that knowledge of the signer is defined.
If you live in a state that doesn’t have specific requirements, we recommend being able to affirmatively answer the following questions:
How many times have I spoken to the signer?
How long have I known the signer?
How many times have I witnessed others I know interact with the
signer?
Do others know the signer by the same identity that I do?
Do I have any reasonable doubts about the signer’s identity?
Am I willing to risk the consequences if I’m wrong?
If you’re unable to answer these confidently, ask the signer for another
acceptable form of ID. As always, check your state’s Notary laws. Another
helpful resource is the NNA’s Notary Handbook where we provide our
recommendations when state guidance is not provided.
Purchase your state’s Notary handbook here:
https://www.nationalnotary.org/suppli....
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