CALIFORNIA CIVIL CODE SECTION 1185(a), 1189, GOVERMENT CODE 8202

In order to complete a notarization, I am required to certify the identity of the signer of a document. (California Civil Code sections 1185(a), 1189,Government Code section 8202). This is done by presenting proper identification documents. California Notary law is specific about what forms of identification I can accept in order to prove your identity.

Acceptable forms of ID:

The ONLY Acceptable Forms of Identification must be original, non-expired, or issued within the last five years. (Photocopies are not acceptable.)

The ID must have the EXACT name or LONGER than the name as it appears on the document.

• An original identification card or driver’s license issued by California DMV

• An original passport issued by the Department of State of the United State

• ​State issued ID

• U.S Military ID

• State, county, and local gov't ID

The following additional forms of Identification must also be original, non-expired, or issued within the last five years, AND must contain a photograph and description of the person named on it, signed by the person, and bear a serial or

other identifying number:

• A passport issued by a foreign government

• A driver’s license issued by another state, or by a Canadian or Mexican public agency authorized to issue drivers’ licenses

• An identification card issued by another State

• A United States military identification card with the required photograph, description, signature and identifying number

• An inmate identification card issued by the Department of Corrections and Rehabilitation, if the inmate is in custody only.

• An employee identification card issued by an agency or office of the State of California, or by an agency or office of a city or county in this State

• A Consular ID (issued to immigrants by the consulates of their home country.)

NOTE: The name on the ID MUST BE EXACTLY THE SAME or LONGER than the name on the document being signed and notarized.

Example: Tom John Smith can sign as Tom J Smith or Tom Smith

What if you don't have proper identification?

Credible Witnesses

If you lack proper identification, you may be able to use two credible witnesses who will appear with you and are willing to swear, under oath, to your identity.

This option should only be used in circumstances where you are absolutely unable to obtain proper ID.

These two individuals MUST have a valid ID as described above.

These two individuals must know you and be disinterested parties. In other words, they cannot have any financial interest in the document you are signing. They definitely cannot be anybody named in the document, either.

This means you may want to avoid family members as witnesses since they often have financial interest in documents that you have notarized.

Good witnesses are usually friends, neighbors or coworkers, but you may use family members if you wish.

Your witnesses should know you well enough and be comfortable swearing/affirming under oath to all of the following:

1. You are the individual named in the document being signed.

2. They know you personally.

3. You do not have any legal form of identification as described above.

4. It would be difficult or impossible for you to obtain proper identification.

5. They have no financial interest nor are they named in the document being signed.

These individuals will also be asked to sign my record journal, leave a thumbprint and their ID information will be recorded.

Before you ask someone to act as a witness for you, please remember that they will be put under oath subject to penalty of perjury.

If you use a witness who has financial interest in the document and they are convicted of perjury, they will forfeit their right to that interest. (California Civil Code 1185)

LEGAL DISCLAIMER:

I am not an attorney. Therefore, I cannot and will not give legal advice or guidance concerning any transactions or the documents related thereto.