Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance on specific laws regarding Remote Online Notarization (RON), digital signatures, and related legal matters. As laws concerning RON and notarization are subject to frequent changes, it is advisable to verify current regulations with your local government.

As a notary in California, it’s important to understand what forms of ID can a notary accept in California to keep your practice legally sound. Improper identification can lead to invalid notarizations, putting you at risk. California has strict laws that dictate acceptable forms of ID. These laws ensure a notary public can reliably verify a signer’s identity, preventing fraud.

Understanding “Satisfactory Evidence”

Before we discuss the question “what forms of ID can a notary accept in California”, it’s important to grasp the concept of “satisfactory evidence,” as defined by California Civil Code section 1185. This means a notary should have no reasonable doubt that the person presenting themselves is who they claim to be.

There are three ways to establish satisfactory evidence. The first is through identification documents, which we’ll cover in detail below. The second is through the oath of a credible witness.

If the signer lacks acceptable ID, a credible witness can vouch for their identity. If one witness isn’t personally known to the notary, two credible witnesses are required.

Many states permit using personal knowledge to verify a signer, but California explicitly forbids this. Even if you know the signer personally, you cannot proceed based on familiarity alone. This emphasizes that California prioritizes concrete proof of identity over personal recognition.

What Forms of ID Can a Notary Accept in California?

California law outlines specific document types considered acceptable identification for notarization.

Primary Identification Documents

The following forms of ID are widely accepted as primary identification documents. They must be current or issued within the past five years:

• California Driver’s License or Identification Card: This is the most common form of ID.
• United States Passport: Both passport books and passport cards are acceptable.

Secondary Identification Documents

If a signer lacks a primary ID, a notary can accept secondary identification documents. However, these documents MUST contain a photograph, physical description, signature, AND an identifying number:

• Driver’s License or State ID from Another U.S. State.
• Canadian or Mexican Driver’s License.
• U.S. Military ID: It’s essential to verify if current military IDs meet all requirements.
• Valid Foreign Passport.
• Employee ID: Must be issued by a California state agency, city, county, or city and county.
• Federally Recognized Tribal Government ID.
• Consular Identification Document: Only acceptable if issued by the applicant’s country of citizenship AND meets all the requirements mentioned above.

Unacceptable Forms of Identification

Some commonly presented documents are NOT considered valid by California notary law:

• Social Security Cards.
• Birth Certificates.
• Marriage Certificates.
• Credit Cards.
• Student IDs.
• Expired IDs (unless explicitly allowed within a specific category above).
• Photocopies of IDs: These are susceptible to fraud and lack the security features of an original document.

Additional Considerations

Let’s discuss some additional considerations, such as inmate identification and digital driver’s licenses. California makes specific provisions for inmates in custody.

An inmate identification card issued by the California Department of Corrections and Rehabilitation is acceptable. A similar form issued by a sheriff’s department is also valid for inmates in a local detention facility.

Currently, digital driver’s licenses are not generally accepted for notarizations in California. It’s best to advise signers to bring their physical driver’s licenses. Many individuals are seeking more than just a simple signature when they approach a notary public. Notary services can extend beyond just verifying identities for signatures.

Notary publics play a crucial role in legal document preparation, including trust transfer deeds and real property transactions. Understanding the full range of documents a notary public can handle, from an advance health care directive to a trust transfer, is essential. They often require individuals to have their signatures witnessed and notarized. These documents might include a California driver’s license, passport, or other forms of acceptable identification.

This is particularly relevant in areas with longer drives, where residents might not have easy access to multiple notary options. Notaries should be prepared to handle various documents and understand the applicable ID requirements.

Conclusion

Adhering to California’s standards for what forms of ID can a notary accept in California is not only a matter of legal compliance but also a vital step in upholding the integrity of the notarization process. By following these guidelines, you help maintain the reliability and trustworthiness of notarial acts. It also protects you from potential legal ramifications. Remember, when in doubt, consult the California Secretary of State’s office or a qualified legal professional for guidance.

FAQs About What Forms of ID Can a Notary Accept in California

How do I notarize a document in California without ID?

If a signer doesn’t possess valid ID, you can use one or two credible witnesses. The witness must personally know the signer and present their own valid, government-issued photo ID from the list of acceptable documents.

Can a notary accept an expired ID in California?

Generally, expired IDs are not permissible. However, if the document falls under the primary or secondary categories and expired within the past five years, it can be accepted. It’s crucial to verify the expiration date falls within this timeframe.

What forms of ID are acceptable in California?

Acceptable forms in California are government-issued documents that contain a photograph, signature, and physical description of the bearer. Primary IDs include a California driver’s license and a U.S. Passport. A wider range of options falls under secondary IDs, but those need to meet additional requirements.

What is the best form of identification for a notary?

A current California driver’s license or a U.S. passport is generally considered the most reliable and widely accepted. However, any document meeting the requirements of the law for primary or secondary ID is sufficient.