IA Notary - Iowa Notary Identifying Signers Questions and Answers — Questions and Answers
Question 1: An Iowa notary is asked to notarize a document for a signer who presents a driver's license that expired two years ago. According to Iowa law, which of the following is the most appropriate action for the notary to take?
- Reject the ID because it is expired and refuse the notarization.
- Accept the ID as valid proof of identity and proceed with the notarization. (Correct answer)
- Require the signer to provide a second, current form of identification.
- Ask the signer to find a credible witness who is personally known to the notary.
Correct answer: Accept the ID as valid proof of identity and proceed with the notarization.
Iowa Code Section 9B.7 specifies that a driver's license or government-issued nondriver identification card is acceptable if it is current or expired not more than three years before the notarial act. Since the license expired only two years ago, it is still a valid form of identification for notarization purposes.
Question 2: Which of the following is NOT a method for an Iowa notary public to identify a signer?
- Verification on oath of a credible witness known to the notary.
- Personal knowledge of the signer.
- Viewing a photocopy of the signer's U.S. Passport. (Correct answer)
- Inspection of a government-issued nonoperator identification card that expired one year ago.
Correct answer: Viewing a photocopy of the signer's U.S. Passport.
An Iowa notary must identify a signer through personal knowledge, satisfactory evidence of an original identification document, or a credible witness. A photocopy of an ID is not acceptable; the notary must inspect the original document. The other options are all legally permitted methods of identification in Iowa.
Question 3: A person appears before an Iowa notary with a document to be signed. The notary does not know the person, and the signer does not have an acceptable form of identification. The signer's friend, who is present, offers to vouch for the signer's identity. What condition must be met for the notary to use the friend as a credible witness?
- The credible witness must sign an affidavit stating they know the signer.
- The credible witness must be a family member of the signer.
- The credible witness must also be a party to the document being signed.
- The notary must personally know the credible witness or identify them through an acceptable ID. (Correct answer)
Correct answer: The notary must personally know the credible witness or identify them through an acceptable ID.
According to Iowa law (Code Section 9B.7), a notary can rely on a credible witness if the witness personally appears and is either personally known to the notary or is identified by the notary on the basis of a passport, driver's license, or other government-issued ID.
Question 4: Under Iowa law, 'personal knowledge' for identifying a signer is defined as:
- Having met the signer once at a social event.
- Knowing the individual through dealings sufficient to provide reasonable certainty of their identity. (Correct answer)
- Being able to recognize the signer from a photograph seen previously.
- Confirming the signer's identity through a social media profile.
Correct answer: Knowing the individual through dealings sufficient to provide reasonable certainty of their identity.
Iowa Code Section 9B.7(1) defines personal knowledge as knowing the individual through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. A brief or casual acquaintance is not sufficient.
Question 5: A signer presents a valid, unexpired U.S. military ID card to an Iowa notary. The card has a photograph of the signer but no physical description or signature. What should the notary do?
- Reject the ID because it lacks a signature and physical description.
- Accept the ID because it is a current government-issued card with a photograph. (Correct answer)
- Require the signer to present a second ID that contains a signature.
- Refuse the notarization as military IDs are not on the primary list of acceptable documents.
Correct answer: Accept the ID because it is a current government-issued card with a photograph.
Iowa law allows for a government identification issued to an individual that is current, contains the signature OR a photograph of the individual, and is satisfactory to the notarial officer. Since the military ID is government-issued and has a photograph, it is an acceptable form of identification.
Question 6: An Iowa notary may refuse to perform a notarial act if they are not satisfied that the:
- Document's terms are legally sound.
- Signer agrees with all statements in the document.
- Transaction is financially beneficial for the signer.
- Individual's signature is knowingly and voluntarily made. (Correct answer)
Correct answer: Individual's signature is knowingly and voluntarily made.
According to Iowa Code Section 9B.8, a notary may refuse to perform a notarial act if not satisfied that the individual's signature is knowingly and voluntarily made. The notary's role is to ensure the identity and willingness of the signer, not to validate the document's content, truthfulness, or wisdom.
IA Notary - Iowa Notary Identifying Signers Questions and Answers
An Iowa notary is asked to notarize a document for a signer who presents a driver's license that expired two years ago.
According to Iowa law, which of the following is the most appropriate action for the notary to take?