California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is asked to notarize a document for a signer who is physically present. The signer presents a valid California driver's license that appears authentic. However, the Notary observes that the signer's signature on the document does not match the signature on the driver's license. What is the Notary's proper course of action?
- AProceed with the notarization, but make a note in the journal about the signature discrepancy.
- BAsk the signer to sign the document again, attempting to match the ID, and then proceed.
- CAccept the notarization if the signer verbally confirms they are the person named in the document.
- DRefuse to perform the notarization until the signer can provide an explanation or satisfactory resolution for the discrepancy.
Show answer & explanationAnswer & explanation
Correct answer: D. Refuse to perform the notarization until the signer can provide an explanation or satisfactory resolution for the discrepancy.
A Notary must be satisfied that the signer's identity is established. A discrepancy between the signature on the document and the identification is a red flag that prevents the Notary from being 'satisfied' and requires refusal until the issue is resolved.
Why the other options are wrong
- A. A journal note does not resolve the identity doubt; the notarization should not proceed if identity is not established.
- B. Asking for a re-signature to match an ID can be seen as instructing the signer how to sign, which is improper and doesn't resolve the underlying doubt.
- C. Verbal confirmation alone is insufficient to establish identity when a clear discrepancy exists with a primary ID.
Establishing Signer Identity
A Notary Public must be satisfied as to the identity of the signer based on satisfactory evidence, which includes comparing signatures.
- Identity must be established beyond reasonable doubt.
- Signatures on ID and document should generally match.
- Discrepancies require further investigation or refusal.
Memory trick: Look, Match, Confirm, or Decline.