California Notary Public ExamAcknowledgments and Proofs of ExecutionMedium
A Notary Public is presented with a document for an acknowledgment. The signer provides a California Driver's License as identification. The Notary observes that the signer's name on the document is 'John A. Smith,' but their driver's license shows 'John Andrew Smith.' What is the most appropriate action for the Notary?
- AAsk the signer to provide an additional form of identification that exactly matches 'John A. Smith.'
- BProceed with the notarization, as the names are substantially similar.
- CRefuse to notarize the document due to the name discrepancy.
- DNotarize the document and note the discrepancy in the Notary journal.
Show answer & explanationAnswer & explanation
Correct answer: B. Proceed with the notarization, as the names are substantially similar.
California Notary law allows for 'substantial conformity' in names between the document and the identification. 'John A. Smith' and 'John Andrew Smith' are considered substantially conforming, meaning the Notary can proceed with the notarization.
Why the other options are wrong
- A. While additional ID could be helpful if the discrepancy were greater, it is not required for substantial conformity.
- C. Refusal is not necessary for substantially conforming names; this would be an incorrect refusal of service.
- D. Noting the discrepancy in the journal is good practice, but the question asks for the 'most appropriate action' regarding proceeding with notarization, which is to proceed.
Satisfactory Evidence: Substantial Conformity
For identification purposes, a signer's name on the document and on their identification need only be in 'substantial conformity,' not exact identity, as long as the Notary is satisfied of the signer's identity.
- Minor variations (e.g., middle initial vs. full middle name) are usually acceptable.
- The Notary must still be personally satisfied of the signer's identity.
- This prevents unnecessary refusals for minor discrepancies.
Memory trick: Conformity Counts, Not Exactitude.