California Notary Public ExamAcknowledgments and Proofs of ExecutionMedium
A Notary Public is asked to perform a proof of execution by subscribing witness for a real estate document. The subscribing witness presents a California driver's license. The Notary observes that the witness's driver's license expired six months ago. What is the Notary's appropriate action?
- AAsk the witness for a different form of identification, even if it's not on the approved list.
- BProceed with the proof of execution, noting the expired ID in the journal.
- CPerform the proof of execution, but require the witness to also provide a credible witness.
- DRefuse to perform the proof of execution because the ID is not current.
Show answer & explanationAnswer & explanation
Correct answer: D. Refuse to perform the proof of execution because the ID is not current.
For satisfactory evidence of identity, a California driver's license must be current or issued within the past five years. An expired ID, even if expired by only six months, is not acceptable for a proof of execution or any other notarial act requiring satisfactory evidence.
Why the other options are wrong
- A. Notaries must only accept identification documents from the approved list of satisfactory evidence.
- B. An expired ID is not satisfactory evidence; proceeding would be a violation of Notary law.
- C. Credible identifying witnesses are used to identify the signer of the document, not the subscribing witness for a proof of execution, and only when no satisfactory evidence is available.
Satisfactory Evidence - Expiration
For most forms of ID, satisfactory evidence for a California Notary Public requires the identification document to be current or, in some cases (like a California driver's license), issued within the past five years.
- Expired ID is generally not acceptable.
- California DL/ID valid if issued within 5 years.
- Ensures identity is current and reliable.
Memory trick: Check the 'ID' for 'Current' status, it's not a 'past' or 'future' thing.