How to Notarize? Flashcards
Personally Appear
The first step of notarization
Does california allow webcam notarization?
No, it must be in person
Personal Appear Scenario
You’re at work, boss wants you to notarize signature but the client is in a meeting.
You can’t notarize because they have to be with you.
Personal Knowledge
YOU CANNOT USE this concept to identify someone during a notarization no matter how well you know someone, in the state of California
Tier 1 Identification
The most important ID Source
- CA Driverse License
- ID Card from CA
- U.S. Passport
- Passport Card
- Inmate ID Card - mostly in correctional facilities
- ID Bracelet - inmates - mostly in Sherrif’s Department
If signer does not have any of the identification above, move on to next tier.
Tier 2 Identification
They must meet PSPS
- State ID - From any state, driver’s license accepted
- Voter ID card from any state accepted as long as it meets PSPS
- Foreign passport/Consulate ID Card
- CAN or MX driver’s license (not just any card, JUST Driver’s License)
- MILITARY ID Card but only if it takes PSPS
- CA State Employee card
- Tribal ID Card
Tier 3 Identification
CREDIBLE WITNESS Process
Identification Documents
Driver’s License, Passports, or some form of ID
Can you take an expired ID?
It depends
Was the document issued within 5 years?
Ex: ISS Date of license says 2020 - you have until 2025
Matching name on ID to Document
id Must be equal to or greater than signature
Ex: John Albert Doe on Document; ID says John A. Doe - the id has less than the signature - NOT OK
Ex 2: John A. Doe on Document; ID says John Albert Doe - the id has more than the signature - this is okay
PSPS
P = Photograph
S = Signature
P = Physical Description (Sex, hair color, height, weight)
S = Serial number (ex driver’s license number)
IS A MILITARY CARD AN ACCEPTABLE FORM OF ID?
Yes, it is an acceptable tier two id.
but in practice it should meet the PSPS requirement
Credible Witness (Person)
- Signer doesn’t have t1 or t2 ID
- credible witness (human walking ID) - must find someone that knows the signer and the notary
Can you find this credible witness and trust them to hold them accountable in the court of law?
Credible Witness Process 1
Person has to go under oath and swear to:
1. Do you swear that you know the signer?
2. 2. the signer is the name in the document
3. signer has no tier 1 or tier 2 id
4. signer cannot access a t1 or t2 id
5. the credible witness has no financial or beneficial interest in the document
Once they have sworn to elements they move on to the next step of identification
Credible Witness Process 2
- the credible witness then shows their ID
- Take the ID from credible witness otherwise you will get a 10k fine