Identification Documents

Notary Public Current Topics

Current Topics
Acceptable ID for Notarization
Can an Oregon Notary Use ENJOA?
Acceptance of Foreign Passports as "Identification Document"
Identification Documents
Notary Fees
Protesting Commercial Paper

Subject: Identification Documents 7/8/02
Did you know that you don't HAVE to have a driver's license when identifying the signer?

The signer can provide you with ONE piece of identification that is issued by the federal government or a state, county, municipal or other local government and containing the signer's photograph, signature and physical description and that is current. Examples include the Oregon ID card or Driver License, some counties' Concealed Weapons Permits or some Military ID cards.

**Please note that the current U.S. passports do not include the person's physical description. Check to make sure. Without a physical description, you'll need another piece of ID to verify identity.

Two current documents, each issued by an institution, a business entity, the federal government or a state, county, municipal or other local government and each containing the signer's signature may be used instead of the ONE piece of identification. Examples include a library card, employee identity card, or a group membership card.

If the notary is also an employee of a financial institution and the person to be identified is a customer of the financial institution, one of the two current documents required may be a signature card signed by the customer and held by the financial institution in connection with the financial institution's transactions with the customer.

The basic idea is that the signatures match up. A notary public compares the signature in the journal and the document to the signature(s) on the ID card(s), and so he or she has made a reasonable attempt to ascertain a connection between the signer of the document and the person appearing before the notary. The notary knows who the signer says he is and is relying upon reasonable evidence that he is indeed that person. Non-picture ID is satisfactory evidence, but that doesn't mean it is best evidence. The best evidence, while still not absolutely certain, is personal knowledge.

Can you deny a notarization if the signer does not provide you with a driver's license, but has the other two qualifying pieces of identification?

No. ORS 194.515(8)(b) states that if the signer can produce the two current documents that fulfill the requirements, the notary has satisfactory evidence of identification.

Notaries concerned about identity theft, fraud, and liability need to remember that they are not responsible for the intent of the signer. The notary is responsible for performing notary acts lawfully, and using reasonable care every time they notarize, which includes making sure the ID looks superficially correct: the picture matches, age seems reasonable, the card hasn't been tampered with, etc. The notary is not responsible for the validity of the ID; if the notary has no way of knowing if the ID is invalid, then the notary cannot be held responsible.

Corporation Division

Notary Public Current Topics