Podcast
Questions and Answers
Under what circumstances can a notary public accept the oaths of two credible witnesses to establish a signer's identity?
Under what circumstances can a notary public accept the oaths of two credible witnesses to establish a signer's identity?
- When the signer is a foreign national and lacks U.S. identification.
- When the signer is personally known to the notary public.
- When the signer presents a valid but expired identification document.
- When it is very difficult or impossible for the signer to present a valid paper identification document. (correct)
What is the primary requirement for credible witnesses to vouch for a signer's identity?
What is the primary requirement for credible witnesses to vouch for a signer's identity?
- The credible witnesses must be approved by the notary public.
- The credible witnesses must be immediate family members of the signer.
- The credible witnesses must be of the same nationality as the signer.
- The credible witnesses must personally know the signer. (correct)
What identifying document(s) are required of the two credible witnesses?
What identifying document(s) are required of the two credible witnesses?
- The credible witnesses are not required to show any identifying documents.
- The credible witnesses must provide a form of identification that includes a photograph and signature, but it need not be current.
- The credible witnesses must provide identifying document(s) meeting the requirements of California Civil Code sections 1185(b)(3) and (b)(4). (correct)
- The credible witnesses can identify themselves through verbal confirmation only.
Which statement must both credible witnesses swear or affirm to, under penalty of perjury?
Which statement must both credible witnesses swear or affirm to, under penalty of perjury?
According to the content, can a notary public use credible witnesses if they do not personally know them?
According to the content, can a notary public use credible witnesses if they do not personally know them?
In the example given, why did Nat Notary refuse to use Fred and Joyce as credible witnesses for Bob?
In the example given, why did Nat Notary refuse to use Fred and Joyce as credible witnesses for Bob?
In the example given, why was Rene accepted as a credible witness?
In the example given, why was Rene accepted as a credible witness?
Which of the following is NOT a statement that credible witnesses must affirm?
Which of the following is NOT a statement that credible witnesses must affirm?
What should a notary public do if a credible witness has a financial interest in the document being signed?
What should a notary public do if a credible witness has a financial interest in the document being signed?
If a signer cannot produce a valid ID, what must credible witnesses believe about the signer's circumstances?
If a signer cannot produce a valid ID, what must credible witnesses believe about the signer's circumstances?
Flashcards
Credible Witnesses
Credible Witnesses
If a paper ID is impossible, identity can be confirmed by two credible witnesses who know the signer. The Notary does not need to know the witnesses.
Witness Statements
Witness Statements
Witnesses swear the signer is who they claim, they know the signer, the signer can't get other ID, signer has no authorized ID, and witness has no financial interest.
Witness Requirements
Witness Requirements
Witnesses must personally know the signer, and the Notary Public must establish the identities of the two credible witnesses only by the presentation of the paper identification documents.
Study Notes
- Signer identity can be established via oaths/affirmations of two credible witnesses if the signer lacks sufficient identification and the notary has no reason to doubt the signer's identity.
- The notary public does not need to personally know the credible witnesses.
- The notary public must identify the credible witnesses using paper identification documents that meet the requirements of California Civil Code sections 1185(b)(3) and (b)(4).
Requirements for Credible Witnesses
- Both credible witnesses must swear or affirm, under oath/affirmation and penalty of perjury, that:
- The signer is the person named in the document.
- The credible witness personally knows the signer.
- The credible witness believes it would be very difficult or impossible for the signer to obtain another form of identification.
- The signer lacks legally authorized identification documents.
- The credible witness has no financial interest in or is named in the document.
Examples of Credible Witness Usage
- Nat Notary correctly refuses to use Fred and Joyce as credible witnesses for Bob, as they just met and do not personally know each other.
- Nat Notary can use Rene as a credible witness for Irene, because Irene and Rene have known each other for years.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
