If someone requires notarization but lacks proper identification,  a notary can implement procedure known as identification via the oath of a credible witness.

In some states a notary may rely on the oath of either one or two credible witnesses as a proper form of identity.

Depending on the state, if only one credible witness is used, that credible witness must personally know the signer and be personally known by the notary.

This lady is credible!

The credible witness must swear the following oath or affirmation:

  • That the person making the acknowledgment is the person named within the document.
  • The person making the acknowledgment is personally known to the credible witness.
  • That it is the reasonable belief of the witness that the circumstances of the person making the acknowledgment are such that it would be very difficult or impossible for that person to obtain another form of identification.
  • The person making the acknowledgment does not possess any of the identification documents named above.
  • The witness does not have a financial interest in the document being acknowledged and is not named in the document.

Even though most states do not require the credible witness to be someone who is not related to the signer, it is a good idea to have the credible witness be someone outside the signer’s immediate family.

This distance in familial relations will not only add to their “credibility” as a witness so to speak, but it will minimize something which the legal community refers to as “the appearance of impropriety”.  

Call us at 888-406-1688 with any questions.