Prevent last-minute signing cancellations

1. Notary adheres to the laws of the State of California, regardless of the state or country for which the paperwork being notarized is intended. The information below, including statutes, court cases, rules/regulations, and industry-standard references, is not exhaustive; each item should be treated as inter alia (“i.a.” or “among other things”) and is provided for reference purposes only.
2. This is Notary’s internal document and is not intended as legal advice. The full legal disclaimer can be found in the footer of this webpage.

1. In California, only the name shown on the signer’s acceptable ID is considered the legal name for notarization purposes:
   1. Each signer must provide Notary with at least one acceptable original, valid, unexpired, undamaged ID that includes a clear photo of the signer and has the signer’s name matching the name on the paperwork.
   2. Each name item appearing on the paperwork must be listed on the signer’s valid, acceptable ID; mixing and matching of IDs to resolve name inconsistencies is not permitted. The signing appointment will have to be adjourned if the names do not match or if there is a discrepancy in spelling.
   3. The face of the signer and other physical features must match the photo on the presented acceptable ID.
2. Examples of the IDs acceptable in California (CA Civ. Code § 1185[b][3 & 4]):
   1. driver’s license issued in the United States, Mexico, or Canada;
   2. identification card (an alternative to a driver’s license) issued by any U.S. state;
   3. passport (including foreign) or passport card;
   4. military ID (IMPORTANT: making copies of IDs issued by a federal agency is a federal crime punishable by a fine and/or imprisonment for up to six months [18 USC § 701 and U.S. Department of War]. This makes a military ID an unsuitable form of identification for many lenders and escrow companies that require copies of IDs to be returned with the signed paperwork. Additionally, a military ID does not list its bearer’s date of birth required in some cases [CA Gov. Code § 8230]).
3. Examples of the documents unacceptable for identification purposes in California:
   1. social security card;
   2. marriage certificate;
   3. birth certificate;
   4. certificate of naturalization;
   5. court name-change decree;
   6. AKA affidavit.
4. For a real-estate- or loan-related signing requested by a third party (e.g., escrow company or lender), an original secondary ID may be required in addition to the primary one listed above. Examples of acceptable secondary IDs (unexpired; ID # is required; no photo is OK; another primary ID as secondary is OK; not an alternative to a primary ID; same requirements to the signer’s name):
   1. health insurance/Medicare card;
   2. AAA/Costco/SAG-AFTRA card;
   3. utility bill, bank statement, paycheck stub;
   4. work or school ID;
   5. CalBar/CalDRE/CCW card;
   6. social security card;
   7. EAD card, non-US driver’s license.

1. Examples of unacceptable name discrepancies between the signer’s ID and the paperwork being signed:
   1. The ID has the maiden name on it, but the paperwork has the new name from the marriage certificate; or the opposite: the ID has the new name, but the paperwork has the maiden one.
   2. Name items on the paperwork aren’t listed on the ID. E.g., the documents show “JOHN M. SMITH-DOE JR,” but the ID has only “JOHN SMITH.”
   3. The name on the paperwork is misspelled.
   4. The documents have a modified or diminutive name. E.g., legally, for California notaries, JOHN and JOHNNY are two different names.
   5. The name on the paperwork contains no name items listed in the “Last Name/Surname” section of the acceptable ID, or it contains no name items listed in the “First/Given Name” section of the acceptable ID.
2. IMPORTANT: If a person has obtained a document to legally change his or her name (e.g., marriage certificate, name-change decree, or certificate of naturalization), that person must apply for a replacement driver’s license or ID card for the name change to officially take effect (CA Veh. Code § 12815[a]; other states have similar requirements). The same requirement applies to U.S. passports (22 CFR § 51.25). VERY IMPORTANT: A document granting the name change IS NOT a valid ID—it only informs the ID-issuing authority that the person applying for a name change on his or her ID has legitimate grounds for doing so.
3. An expired ID may be accepted under certain conditions.
4. A U.S. passport is invalid without its bearer’s signature (22 CFR § 51.4[a]).

1. Notary must swear in credible witnesses who must make multiple related statements under penalty of perjury.
2. Credible witnesses may only be used if:
   1. the signer’s name on the paperwork matches the acceptable ID issued to the signer, and
   2. that ID is actually missing; no other acceptable ID can be provided.
3. Credible witnesses may not be used simply as an alternative to the available acceptable ID in order to certify the name on the paperwork not matching that ID. In such a case, the witnesses, the signer(s), and Notary will have to make false sworn statements under penalty of perjury, a crime punishable by imprisonment for two-to-four years (CA Pen. Code §§ 118[a] & 126).
4. Credible witnesses may not be used to establish the signer’s identity if Notary has a reason to believe that the signer hasn’t had an acceptable ID issued with the name on it matching the name on the paperwork.

1. By signing a notarial certificate (e.g., acknowledgment or jurat), a notary public attests under penalty of perjury that the information in the certificate, including the signer’s name, is true and correct.
2. A notary public who fails to properly verify the signer’s name listed on the signed notarial certificate through either an acceptable identification document or credible witness(es) is guilty of perjury (CA Pen. Code § 118[a]).
3. Any person who persuades another person, including a notary public, to commit perjury is guilty of subornation of perjury, a crime punishable as perjury (CA Pen. Code § 127).
4. Perjury is punishable by imprisonment for two-to-four years (CA Pen. Code § 126).

1. In a notarial certificate (e.g., acknowledgment or jurat), a California notary public is only authorized to certify the identity of the signer (CA Civ. Code §§ 1185 and 1189; CA Gov. Code § 8202). This implies that certifying any fact other than the identity is prohibited. Therefore, a California notary may not include the capacity alongside the signer’s name on the notarial certificate.
2. For the paperwork to be filed outside of the State of California:
   1. A non-California-compliant acknowledgment may be used at the discretion of Notary, provided the out-of-state acknowledgment doesn’t require Notary to certify the signer’s capacity or to make other determinations and certifications not allowed by California law (CA Civ. Code § 1189[c]).
   2. For jurats, only the California-compliant form may be used (CA Gov. Code § 8202[d]).
3. When executing a jurat, a California notary is required to verify the signer’s age. For this purpose, the presented ID must list the signer’s date of birth (CA Gov. Code § 8230).

At signings requested by a third party, or per signer’s request, Notary may need to take photos of the IDs and other relevant documents with his secure smartphone dedicated solely for such purposes.

1. Notary’s time allocated for a signing appointment is up to 60 minutes for packages over 100 pages, and up to 30 minutes for packages under 100 pages.
2. A scheduled signing must begin no later than 15 minutes after the scheduled time and Notary’s arrival, with all scheduled signers present and able to begin signing simultaneously.
3. At a signing appointment with two or more signers scheduled at the same time, all signers must begin signing simultaneously. If Notary needs to go through the paperwork with another signer after at least one signer has already begun or completed signing, the appointment is considered a split signing, and each additional session must be paid for separately.
4. Notary may inquire whether a signer would be willing to allow Notary to arrive before the scheduled appointment time. If the signer agrees to begin earlier, all scheduled signers must be ready at the newly agreed-upon time.

1. Each signer must be able to communicate with Notary in English. A court-certified interpreter can be found on the California Courts website.
2. Notary must terminate the signing (CA Gov. Code § 6203) if:
   1. the signer’s identity cannot be properly established, including when the signer refuses to remove objects obstructing his or her face or head;
   2. the signer makes an explicit, unequivocal, and unambiguous request to speak to a lawyer before signing any documents;
   3. Notary has a reason to believe that the signer(s), witness(es), or other participant(s) have made or will have to make false statements on the related paperwork or to Notary;
   4. there are other issues legally preventing Notary from proceeding with the signing.