California Notary Public ExamNotary Public Duties and AuthorityHard
A Notary Public is presented with a document for an acknowledgment. The signer's identification card appears to be authentic, but the photograph on the ID clearly does not resemble the person standing before the Notary. What is the Notary Public's immediate responsibility?
- AProceed with the notarization, as the ID itself appears authentic and valid.
- BRefuse the notarization because the Notary cannot be satisfied of the signer's identity.
- CInform the signer that they must obtain a new ID with an updated photograph.
- DAsk the signer for additional forms of identification to establish a resemblance.
Show answer & explanationAnswer & explanation
Correct answer: B. Refuse the notarization because the Notary cannot be satisfied of the signer's identity.
A Notary Public must be 'satisfied' that the person appearing before them is the person named in the document and on the identification. If the photograph on the ID does not clearly resemble the signer, the Notary cannot be satisfied of identity and must refuse the notarization.
Why the other options are wrong
- A. Authenticity of the card alone is not enough; the Notary must be convinced the person is the one pictured.
- C. It is not the Notary's role to advise on obtaining new identification; their role is to perform or refuse the notarial act based on present conditions.
- D. While additional ID might be requested in some cases, a clear lack of resemblance means the Notary cannot be satisfied with identity using that ID, making further ID potentially futile for that specific issue.
Satisfactory Evidence of Identity
Notaries must be satisfied that the person appearing before them is the individual named in the document. This involves checking identification for authenticity, currency, and a clear resemblance to the signer.
- Notary's judgment is paramount in assessing resemblance.
- If resemblance is questionable, identity is not satisfactorily established.
- Refusal is mandatory if identity cannot be satisfactorily established.
Memory trick: Look and be sure, or close the door.