Identifying the Signers

As a notary you must verify the identity of each signer and witness. The “Proof of the signer’s signature and identity” is defined in HRS 456-1.6 as having “satisfactory evidence of the identity of an individual appearing before the notary public if the notary public can identify the individual”. This section outlines two main ways to obtain the proof of the signers identity.

1. 1. By means of one of the following ways:
      a. Personally knowing the signer. This is defined as “Having personal knowledge of the identity of an individual before the officer if the individual is personally known to the notary public through dealings sufficient to provide reasonable certainty that the individual as the identity claimed.”
      b. Use of a Credible Witness. This is defined as “By verification on oath or affirmation of a credible witness personally appearing before the notary public and known to the notary public or whom the notary public can identify on the basis of a passport, driver’s license, or government-issued non-driver identification card that is valid or expired not more than three years prior to performance of the notarial act.”
      c. Use of government issued photo identification. “A passport, driver’s license, or government issued non-driver identification card that is valid or expired no more than three years prior to the performance of the notarial act and contains the signature and photograph of the individual.”
      d. Use of any other government issued photo identification. “Another form of government identification issued to an individual that is valid or expired no more than three years prior to the performance of the notarial act and contains the signature and photograph of the individual.”
   2. By requiring the individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual.” Please see HRS 456-1.6 and HRS 456-23.

It is worth mentioning that the laws state that the identification card or document must contain the signer’s photograph and signature. While a Military ID card is a valid form of identification a military CAC  is NOT a valid form of identification as the CAC does not contain the signer’s signature.

HINT: Remember the forms of identification and requirements for an ID card or document.