Oath/Affirmation with Witness: Notary Guide

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Questions and Answers

Under what circumstances can a notary public accept the oath of a single credible witness to identify a signer?

When the notary does not know the signer, but the credible witness does.
When the signer is a minor and does not have any identification.
When it is very difficult or impossible for the signer to present a paper identification document, and the notary has no reason to doubt the signer's identity. (correct)
When the signer presents a valid, unexpired driver's license.

What is the meaning of 'personally known' in the context of California notarial practices?

Knowing the person's name and address.
Having an acquaintance with a person that establishes the person’s identity with at least reasonable certainty, based on multiple, recent meetings or a chain of circumstances. (correct)
Having seen the person in the neighborhood.
Having met the person once at a social gathering.

What must a notary public do to confirm the identity of a credible witness?

Accept the credible witness's verbal assurance of their identity.
Check the credible witness's social media profile.
Examine a paper identification document that meets the requirements of California Civil Code. (correct)
Call the credible witness's employer to verify their identity.
Nothing, if the notary public personally knows the credible witness.

Which of the following statements must a credible witness swear or affirm under oath?

The signer does not possess any of the identification documents authorized by law to establish the signer’s identity. (D) Signup and view all the answers

According to the requirements, what should a notary do if a credible witness is named in the document to be notarized?

Refuse to proceed with the notarization because the credible witness has a disqualifying interest in the document. (C) Signup and view all the answers

What is the primary reason the credible witness must not have a financial interest in the document?

To ensure the credible witness is impartial and the notarization is free from potential conflicts of interest. (C) Signup and view all the answers

If a signer claims it is impossible to obtain identification, what must the credible witness affirm?

The circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification. (C) Signup and view all the answers

Why is it important for the notary to personally know the credible witness?

To establish the reliability and credibility of the witness's testimony regarding the signer's identity. (D) Signup and view all the answers

What type of acquaintance qualifies as 'personal knowledge' for a notary in California?

Having an acquaintance with a person that establishes the person’s identity with at least reasonable certainty. (A) Signup and view all the answers

Which condition must be met regarding the document if a credible witness is used?

The credible witness must not be named in the document and must not have a financial interest in it. (C) Signup and view all the answers

Flashcards

Oath of credible witness

When a signer lacks ID, their identity can be confirmed if the notary personally knows a credible witness who presents valid ID and swears/affirms the signer's identity.

Personally known (definition)

For California notarial purposes, it means having an acquaintance with a person that establishes the person’s identity with at least reasonable certainty.

ID for a credible witness

The notary must examine a compliant paper ID document from the credible witness to confirm their identity.

Witness's oath statements

The individual is the person named in the document; The credible witness knows the signer; The signer can't obtain ID; The signer lacks authorized ID; The witness has no financial interest.

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Study Notes

Oath or Affirmation with a Single Credible Witness

A signer's identity can be established by the oath of a single credible witness if the notary has no reason to doubt the signer's identity and if the signer cannot present paper identification.
The notary must personally know the credible witness, and the credible witness must present a proper ID.

Definition of "Personally Known"

"Personally known" means having an acquaintance with a person that establishes the person’s identity with at least reasonable certainty.
Personal knowledge includes multiple recent meetings with a person, including meetings where the person is identified by others.
A chain of circumstances leading a reasonable person to believe an acquaintance is who they say they are forms the basis for personal knowledge.
Co-workers who meet frequently at their workplace and are identified by colleagues/customers typically have personal knowledge of each other.
Infrequent social acquaintances typically do not qualify as being "personally known."

Identification of Credible Witness

Even if the notary knows the credible witness, they must still verify the credible witness’s identity using a paper ID that meets specific requirements.

Statements Required Under Oath or Affirmation

The credible witness must swear or affirm that:
- The signer is the person named in the document.
- The credible witness personally knows the signer.
- The signer cannot obtain another form of identification due to their circumstances.
- The signer does not possess any authorized identification documents.
- The credible witness does not have a financial interest in the document and is not named in the document.

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