California Notary Public ExamAcknowledgments and Proofs of ExecutionMedium
A Notary Public is asked to perform a proof of execution by subscribing witness. The witness presents a California driver's license that expired two years ago and states they personally know the principal. The Notary also knows the principal from a previous notarization. What is the Notary's appropriate action?
- AProceed with the proof of execution, as the Notary personally knows the principal.
- BProceed with the notarization, but make a note in the journal about the expired ID.
- CProceed if the witness can provide a second form of satisfactory identification.
- DDecline the notarization because the witness's identification is expired.
Show answer & explanationAnswer & explanation
Correct answer: D. Decline the notarization because the witness's identification is expired.
For a proof of execution by subscribing witness, the witness's identity must be proven by satisfactory evidence, which includes current identification documents. An expired ID is not satisfactory evidence.
Why the other options are wrong
- A. Knowing the principal is irrelevant; the witness's identity must be satisfactorily proven.
- B. Making a note about an expired ID doesn't make it valid for identification purposes; the ID must be current.
- C. While a second form of ID might be acceptable if it meets the 'satisfactory evidence' criteria, the initial expired ID alone is insufficient to proceed.
Proof of Execution - Witness ID
When performing a proof of execution by subscribing witness, the Notary must verify the witness's identity using satisfactory evidence, which includes current, unexpired identification documents.
- Witness's identity is paramount.
- Must use satisfactory evidence.
- ID must be current and unexpired.
Memory trick: Satisfactory Evidence is always Current and Complete; no expired IDs allowed.