NC Notary Signer Identification and Vetting 2 — Questions and Answers
Question 1: Under NCGS §10B-3, which of the following does NOT qualify as satisfactory evidence of identity for a NC notarization?
- A current US passport
- A current state driver's license with a photo
- An expired government-issued ID from 6 months ago (Correct answer)
- A current US military ID with a photo
Correct answer: An expired government-issued ID from 6 months ago
Under NCGS §10B-3(22), satisfactory evidence of identity must be a CURRENT government-issued photo ID. An expired ID — even if only 6 months expired — does not meet the 'current' requirement and is not acceptable.
NCGS §10B-3(22) defines satisfactory evidence of identity as a current document issued by a government agency with a photographic image of the bearer's face, their signature, and either a physical description or serial number. 'Current' means not expired at the time of the notarization. An expired ID does not satisfy this requirement regardless of how recently it expired. Current US passports, state driver's licenses, and military IDs (all with photos) qualify. The notary should check the expiration date on every ID presented.
Question 2: A signer presents a valid government ID but their physical appearance differs significantly from the photo (e.g., different hair color, weight, and facial hair). The NC notary should:
- Accept the ID if the name and signature match
- Exercise judgment — significant differences may indicate a fraudulent ID or wrong ID, warranting further verification or refusal (Correct answer)
- Accept the ID since people change their appearance over time
- Require a second form of ID automatically whenever there is any visual discrepancy
Correct answer: Exercise judgment — significant differences may indicate a fraudulent ID or wrong ID, warranting further verification or refusal
A NC notary must exercise judgment when significant physical discrepancies exist between the ID photo and the person presenting it. Significant differences may indicate a fraudulent ID, and the notary may need additional verification or should decline if not satisfied.
NC law requires 'satisfactory evidence of identity,' which means the notary must actually be satisfied that the ID belongs to the person presenting it. A significant discrepancy between the ID photo and the person's appearance (not minor changes like shorter hair or added facial hair, but significant differences) should prompt the notary to ask questions, request additional ID, or decline if not satisfied. Common sense changes over time (aging, weight changes) are expected, but major differences warrant scrutiny. The notary has the duty and the discretion to not proceed if not satisfied with identity.
Question 3: Under NCGS Chapter 10B, what is a 'credible identifying witness' and when may one be used?
- An attorney who verifies the signer's identity in writing, used for all notarizations
- A person personally known to the notary who vouches for the signer's identity when the signer cannot produce acceptable ID (Correct answer)
- A law enforcement officer who checks the signer's identity in a police database
- Any two people who know the signer, used when a government ID is not available
Correct answer: A person personally known to the notary who vouches for the signer's identity when the signer cannot produce acceptable ID
A credible identifying witness is a person personally known to the notary who vouches for a signer who cannot produce acceptable ID. The witness must take an oath before the notary confirming the signer's identity.
Under NC SOS guidance and notarial practice, a credible identifying witness is someone: (1) personally known to the notary, (2) who personally knows the signer, and (3) is not a party to or beneficiary of the document. The witness takes an oath before the notary that the signer is who they claim to be. This is used when the signer cannot produce acceptable government-issued ID — common situations include elderly individuals who no longer drive or foreigners with documents the notary cannot verify. The witness must be credible and disinterested.
Question 4: A signer presents a foreign passport as identification for a NC notarization. Under NCGS Chapter 10B, the notary should:
- Refuse to accept foreign passports — only US-issued IDs are acceptable
- Accept the foreign passport if it is current and contains a photo, name, and identifying information (Correct answer)
- Accept the passport only if accompanied by a US visa
- Require the signer to obtain a US government-issued ID first
Correct answer: Accept the foreign passport if it is current and contains a photo, name, and identifying information
Under NCGS §10B-3(22), a current foreign government passport that contains a photographic image of the bearer's face and identifying information meets the definition of satisfactory evidence of identity. Foreign passports are not excluded.
NCGS §10B-3(22) defines satisfactory evidence of identity as an ID issued by a government agency (not limited to US government) that is current, contains a photographic image of the bearer's face, and contains a signature or serial number. A current foreign passport issued by a recognized foreign government meets this definition. The notary does not need to read the foreign language — the photo, birthdate, expiration date, and general appearance can be compared. A visa is not required as a separate document. Refusing all foreign IDs would be overly restrictive and not supported by the statute.
Question 5: Under NC law, may a notary rely solely on a signer's business card as identification?
- Yes — if the business card includes a photo of the cardholder
- No — business cards are not government-issued and do not satisfy the ID requirement (Correct answer)
- Yes — for low-value document notarizations under $1,000
- Yes — if two other employees of the same company verify the signer's identity
Correct answer: No — business cards are not government-issued and do not satisfy the ID requirement
A business card is not a government-issued identification document and does not meet the requirements of NCGS §10B-3(22). Business cards can be printed by anyone and provide no verified identifying information.
NCGS §10B-3(22) requires identification issued by a government agency with a photographic image, the person's signature, and a physical description or serial number. A business card is privately printed, not government-issued, and typically does not include a photo, physical description, or verifiable serial number. No exception exists for business cards regardless of document value or corroboration by coworkers. If a signer has no acceptable government ID, the notary should consider whether personal knowledge or a credible identifying witness can be used, or decline if identity cannot be established.
Question 6: A NC notary knows from a prior acquaintance that a person appearing before them is who they claim to be, even though the signer does not have any ID. Under NCGS Chapter 10B, the notary may:
- Not proceed — government ID is always required regardless of personal knowledge
- Proceed based on personal knowledge of the signer's identity (Correct answer)
- Proceed only after calling the NC SOS to obtain verbal authorization
- Proceed only if the signer is a family member
Correct answer: Proceed based on personal knowledge of the signer's identity
Under NCGS §10B-3, personal knowledge of the signer's identity is one of the two acceptable methods of identity verification for NC notarizations. If the notary genuinely knows the person, no documentary ID is required.
NCGS §10B-3(22) recognizes that a notary may verify a signer's identity through personal knowledge — meaning the notary has sufficient prior acquaintance with the signer to personally vouch for their identity. This is a practical recognition that not everyone carries ID at all times, and that in small communities or professional networks, a notary may reliably know someone without needing to check documents. The notary's personal knowledge must be genuine and reliable — not a fleeting acquaintance, but a reasonable basis for confident identification. No SOS authorization is needed.
NC Notary Signer Identification and Vetting 2
Under NCGS §10B-3, which of the following does NOT qualify as satisfactory evidence of identity for a NC notarization?