Identifying Signers and Credibility Flashcards

A signer appears before an Indiana notary but does not have an acceptable form of identification. The signer's close friend is present and offers to vouch for the signer's identity. Under what condition may the notary use this person as a credible witness?

Answer: The witness is personally known to the notary or presents satisfactory evidence of their own identity to the notary.

According to the Indiana Notary Public Guide, a credible witness is someone the notary personally knows OR someone who can be identified by the notary through an acceptable identification document. The witness must then swear or affirm that they personally know the signer.

Which of the following is an unacceptable document for verifying a signer's identity for a notarial act in Indiana?

Answer: A student identification card from a state university

Student identification cards are not considered acceptable forms of ID for notarization in Indiana because they are not government-issued identity documents. Acceptable IDs include government-issued documents like passports, driver's licenses (even if expired up to three years), and permanent resident cards.

An Indiana notary is asked to notarize a document for an individual they have known socially for many years as their neighbor. Under Indiana law, when is it appropriate for the notary to identify this signer based on "personal knowledge"?

Answer: When the notary has transacted sufficient prior business with the individual to know their identity.

Indiana Code 33-42-9-4(a) defines personal knowledge as instances where the individual is personally known to the notarial officer or the officer has transacted sufficient, prior business with the individual to know their identity. A casual acquaintance or having seen an ID in the past is not sufficient.

A man presents a valid, unexpired Indiana driver's license as identification for a notarization. The physical description on the license is accurate, but the photo shows him without the full beard he has now. What is the most appropriate action for the notary to take?

Answer: Accept the ID, as changes in hairstyle or facial hair are common and the ID is otherwise valid.

A notary's duty is to determine from the evidence presented that the person is who they claim to be. Minor changes in appearance, such as growing facial hair, do not invalidate an otherwise current, government-issued photo ID. The notary should be satisfied as long as the ID reasonably identifies the signer.

According to Indiana Code, an acceptable identification document, such as a driver's license or passport, can be expired, but not for more than how long before the notarial act?

Answer: Three years

Indiana Code 33-42-9-4(b)(1) explicitly states that a notarial officer may authenticate the identity of an individual by inspecting a passport, driver's license, or government-issued ID card that, if expired, has not been expired for more than three years.

When using a credible witness to identify a principal for a remote online notarization in Indiana, which of the following is required?

Answer: The credible witness must be identified by the notary through personal knowledge or a multi-step identity verification process.

For remote notarizations, if a credible witness is used, the witness must either be personally known to the remote notary or be identified through the same rigorous process as a principal, which includes credential analysis and identity proofing. The entire process is conducted via audio-visual communication, so physical presence is not required.