NYS NYS Notary Signer Identification and Verification 2 — Questions and Answers
Question 1: What is a 'credible witness' in New York notarial practice?
- A licensed attorney who reviews the document
- A person personally known to the notary who vouches for the signer's identity (Correct answer)
- A court-appointed guardian ad litem
- A co-signer on the document
Correct answer: A person personally known to the notary who vouches for the signer's identity
A credible witness is someone the notary personally knows who can vouch under oath for the identity of a signer who lacks acceptable ID.
Question 2: Can a family member of the signer serve as a credible identifying witness in New York?
- Yes, any adult family member qualifies automatically
- It depends — the notary must exercise judgment, as family members may have a bias (Correct answer)
- No, family members are always disqualified
- Only if the family member is also a notary public
Correct answer: It depends — the notary must exercise judgment, as family members may have a bias
New York law does not automatically disqualify family members, but a notary should use caution due to potential bias.
Question 3: A signer presents an out-of-state driver's license to a New York notary. What should the notary do?
- Refuse, because only New York IDs are acceptable
- Accept it if it appears current, genuine, and bears a photo (Correct answer)
- Require a second form of ID automatically
- Forward the ID information to the DMV for verification
Correct answer: Accept it if it appears current, genuine, and bears a photo
A current, genuine out-of-state driver's license is an acceptable government-issued photo ID for New York notarizations.
Question 4: Why is personal knowledge of a signer considered valid for New York notarization purposes?
- Because the notary's oath of office covers all identity representations
- Because the notary can attest from their own experience that the person is who they claim to be (Correct answer)
- Because personal knowledge eliminates the need for any certificate
- Because New York law prohibits documentary ID requirements
Correct answer: Because the notary can attest from their own experience that the person is who they claim to be
Personal knowledge is trusted because the notary is personally vouching for identity based on direct acquaintance with the signer.
Question 5: What should a New York notary record in their notary journal regarding signer identification?
- Nothing — journals are not required in New York
- The type of ID presented, the ID number, and how identity was verified (Correct answer)
- Only the signer's name and address
- The notary's assessment of the signer's honesty
Correct answer: The type of ID presented, the ID number, and how identity was verified
Best practice and risk management require recording the ID type, number, and method of verification in the notary's journal.
Question 6: A signer claims to be an attorney and says their bar card proves identity. How should a New York notary respond?
- Accept the bar card as primary ID because attorneys are officers of the court
- Use the bar card as supplemental identification combined with another form of ID (Correct answer)
- Refuse unless a government-issued photo ID is also presented
- Call the New York State Bar to confirm membership
Correct answer: Use the bar card as supplemental identification combined with another form of ID
A bar card is a professional credential, not a government-issued photo ID; it is best used as supplemental, not sole, identification.
NYS NYS Notary Signer Identification and Verification 2
What is a 'credible witness' in New York notarial practice?