3 questions

Id

How should a New York notary establish a signer's identity?

  • a.By the signer's word alone
  • b.By a credit card
  • c.Through personal knowledge or a current government photo ID
  • d.By a mailed copy of the ID

Identity is established by personal knowledge or satisfactory evidence such as a current government-issued photo ID (driver license, non-driver ID, or passport). The signer must appear in person. If the notary cannot be reasonably certain of identity, the act must be refused.

Id

A signer appears intoxicated and cannot explain the document. The New York notary should:

  • a.Refuse, because willingness and awareness are in doubt
  • b.Proceed if ID is shown
  • c.Proceed for a $2 fee
  • d.Have a witness sign instead

The notary must be satisfied the signer appears willing and aware of what they are signing. If the signer cannot understand the document or appears impaired, the notary should refuse. Proper ID alone does not cure a lack of awareness or willingness.

Id

A New York notary receives a document by mail already signed, with a request to notarize it. Is this proper?

  • a.Yes, if the signature looks genuine
  • b.No—the signer must personally appear before the notary
  • c.Yes, for acknowledgments only
  • d.Yes, if the fee is waived

Personal appearance is mandatory. A New York notary may not notarize a signature for a signer who did not appear before the notary at the time of the act. Notarizing a mailed-in signature is misconduct.

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