Legally Inked

 

IDENTIFICATION REQUIRED
What type of ID can I use?

Prior to a notarization, the signer is required to present one form of identification from either Category I or Category II per California Civil Code section 1185(b)(3) and (4) and the signer is required to speak English.  Under California law, translators are not permitted during the notarization process.


CATEGORY I

There is reasonable reliance on any one of the following forms of identification, provided it is current or was issued within 5 years:

  • An identification card or driver’s license issued by the California Department of Motor Vehicles
  • A United States passport 
  • An inmate identification card issued by the California Department of Corrections and Rehabilitation, if the inmate is in custody in California state prison
  • Any form of inmate identification issued by a sheriff’s department, if the inmate is in custody in a local detention facility


CATEGORY II

There is reasonable reliance on any one of the following forms of identification, provided that it also contains a photograph, description of the person, signature of the person and an identifying number:

  • A valid consular identification document issued by a consulate from the applicant’s country of citizenship, or a valid passport from the applicant’s country of
    citizenship
  • A driver’s license issued by another state or by a Canadian or Mexican public agency authorized to issue driver’s licenses
  • An identification card issued by another state
  • A United States military identification card (must contain all the required information)
  • An employee identification card issued by an agency or office of the State of California, or an agency or office of a city, county, or city and county in California
  • An identification card issued by a federally recognized tribal government

 

NO IDENTIFICATION?

OATH OF A SINGLE CREDIBLE WITNESS
The identity of the signer can be established by the oath of a single credible witness whom the notary public personally knows per Civil Code section 1185(b)(1).  The credible witness must present one form of identification from either Category I
or Category II.  Under oath, the credible witness must swear or affirm that each of the following is true per Civil Code section 1185(b)(1) (A)(i)-(v):

  • The individual appearing before the notary public as the signer of the document is the person named in the document
  • The credible witness personally knows the signer
  • The credible witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification
  • The signer does not possess any of the identification documents authorized by law to establish the signer’s identity

OATHS OF TWO CREDIBLE WITNESSESS
The identity of the signer can also be established by the oaths of two credible witnesses whom the notary public does not personally know per Civil Code section 1185(b)(2). The credible witnesses must present one form of identification from either Category I
or Category II.  Under oath, the credible witnesses must swear or affirm under penalty of perjury to each of the things sworn to or affirmed by a single credible witness, as set forth above per Civil Code sections 1185(b)(2) and 1185(b)(1)(A)(i)-(v). 

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