MO Notary - Missouri Notary Proper Signer Identification Questions and Answers 2 — Questions and Answers
Question 1: What is the primary method of identifying a signer for a Missouri notarial act?
- Verbal confirmation of name and address
- A current government-issued photo identification document (Correct answer)
- A utility bill showing the signer's name
- A business card with the signer's name and title
Correct answer: A current government-issued photo identification document
The primary method of identifying a signer in Missouri is through a current, government-issued photo identification document such as a driver's license or passport.
Under Missouri law, the primary and preferred method of identifying a document signer is through a current government-issued photo identification document. Acceptable forms include a valid driver's license, state-issued identification card, U.S. passport, or military identification card. The ID must be current (not expired), contain a photograph of the bearer, include a physical description or other identifying information, and bear the signature of the bearer. The notary should compare the photo on the ID to the person present and verify that the name on the ID matches the name on the document being notarized.
Question 2: Can a Missouri notary accept an expired driver's license as identification?
- Yes — as long as the photo is recognizable
- No — expired identification documents are generally not acceptable (Correct answer)
- Only if it expired within the last 30 days
- Only if the signer has no other ID
Correct answer: No — expired identification documents are generally not acceptable
Expired identification documents are generally not acceptable for notarization purposes because they may no longer accurately represent the bearer.
Missouri notaries should not accept expired identification documents for several reasons: an expired ID may indicate that the person has been unable to renew (possibly due to identity issues or legal problems), the photo may no longer resemble the bearer, and the document may have been reported lost or stolen. Accepting expired ID undermines the identity verification process. If a signer presents only an expired ID, the notary should decline the notarization and suggest the signer obtain current identification or use an alternative identification method authorized by Missouri law, such as credible witnesses.
Question 3: If a signer does not have a government-issued photo ID, what alternative identification method does Missouri law allow?
- A Social Security card
- Personal knowledge of the signer or credible identifying witnesses (Correct answer)
- A credit card with the signer's name
- A signed letter from the signer's employer
Correct answer: Personal knowledge of the signer or credible identifying witnesses
Missouri law allows personal knowledge of the signer by the notary or the use of credible identifying witnesses when a government-issued photo ID is not available.
When a signer cannot present a government-issued photo ID, Missouri law provides alternative identification methods. The notary may rely on personal knowledge — if the notary personally knows the signer and can verify their identity. Alternatively, one or more credible identifying witnesses who personally know the signer may vouch for their identity. These witnesses must themselves be identified by the notary (through ID or personal knowledge) and may be required to take an oath regarding the signer's identity. A Social Security card, credit card, or employer letter alone is not sufficient identification for notarization purposes.
Question 4: A Missouri notary uses personal knowledge to identify a signer. What should they record in their journal?
- Nothing special — just the standard journal entry
- That the signer was identified based on personal knowledge, and the basis for that knowledge (Correct answer)
- Only the signer's name
- A photocopy of the signer's ID
Correct answer: That the signer was identified based on personal knowledge, and the basis for that knowledge
When using personal knowledge for identification, the notary should record that fact in their journal along with the basis for their personal knowledge of the signer.
When a Missouri notary identifies a signer based on personal knowledge rather than an identification document, the journal entry should note this specifically. The entry should state that identification was based on personal knowledge and briefly describe the basis for that knowledge (e.g., 'known to me for 10 years as a neighbor,' 'longtime client of this law firm,' etc.). This documentation is important because if the notarization is later questioned, the journal entry provides evidence of how the identification was made. Without this documentation, there would be no record of the identification method used.
Question 5: What should a Missouri notary do if the photo on a signer's ID does not clearly match the person present?
- Proceed if the name matches
- Request additional identification or decline the notarization (Correct answer)
- Ask the signer to explain why they look different
- Accept the ID if it is not expired
Correct answer: Request additional identification or decline the notarization
If the photo on the ID does not reasonably match the person appearing before the notary, the notary should request additional identification or decline to notarize.
Photo comparison is a fundamental element of identity verification. If the photo on the presented ID does not reasonably match the person appearing before the notary, there may be an identity issue. People's appearances change over time (weight changes, aging, hairstyle changes), and minor differences may be acceptable. However, if the notary cannot reasonably satisfy themselves that the person and the photo are the same individual, they should request additional identification. If the discrepancy cannot be resolved, the notary should decline the notarization. Proceeding with a questionable ID match puts the notary at risk of facilitating fraud.
Question 6: How many credible identifying witnesses does Missouri typically require when using witness identification?
- One credible witness is sufficient
- One or two credible witnesses, depending on Missouri requirements (Correct answer)
- At least three witnesses
- Witnesses are not accepted as identification in Missouri
Correct answer: One or two credible witnesses, depending on Missouri requirements
Missouri law typically requires one or two credible identifying witnesses, depending on the specific requirements of the notarial act being performed.
When a signer cannot present proper identification and the notary does not personally know them, Missouri law allows identification through credible identifying witnesses. The specific number of witnesses required may vary based on Missouri statutes and the circumstances. Typically one or two credible witnesses are needed. These witnesses must: personally know the signer, be identified by the notary (through ID or personal knowledge), have no interest in the transaction, and may be required to take an oath regarding the signer's identity. The notary should record the witnesses' information in their journal.
What is the primary method of identifying a signer for a Missouri notarial act?