When completing a certifcate of acknowledgment or a jurat, a notary public is required
to certify to the identity of the signer of the document. (Civil Code sections 1185(a), 1189,
Government Code section 8202) Identity is established if the notary public is presented with
satisfactory evidence of the signer’s identity. (Civil Code section 1185(a))
Satisfactory Evidence – “Satisfactory Evidence” means the absence of any information,
evidence, or other circumstances which would lead a reasonable person to believe that the
individual is not the individual he or she claims to be and (A) identifcation documents or (B)
the oath of a single credible witness or (C) the oaths of two credible witnesses under penalty
of perjury, as specifed below:
A. Identifcation Documents – The notary public can establish the identity of the signer
using identifcation documents as follows (Civil Code section 1185(b)(3) and (4)):
1. There is reasonable reliance on any one of the following forms of identifcation, provided
it is current or was issued within 5 years:
a. An identifcation card or driver’s license issued by the California Department of Motor
Vehicles;
b. A United States passport;
c. An inmate identifcation card issued by the California Department of Corrections and
Rehabilitation, if the inmate is in custody in California state prison;
d. Any form of inmate identifcation issued by a sheriff’s department, if the inmate is in
custody in a local detention facility; or
2. There is reasonable reliance on any one of the following forms of identifcation, provided
that it also contains a photograph, description of the person, signature of the person, and an
identifying number:
(a) A valid consular identifcation document issued by a consulate from the applicant’s country
of citizenship, or a valid passport from the applicant’s country of citizenship;
(b) A driver’s license issued by another state or by a Canadian or Mexican public agency
authorized to issue driver’s licenses;
(c) An identifcation card issued by another state;
(d) A United States military identifcation card (caution: current military identifcation cards
might not contain all the required information);
(e) An employee identifcation card issued by an agency or offce of the State of California,
or an agency or offce of a city, county, or city and county in California.
(f) An identifcation card issued by a federally recognized tribal government.
Note: The notary public must include in his or her journal the type of identifying document, the
governmental agency issuing the document, the serial or identifying number of the document,
and the date of issue or expiration of the document that was used to establish the identity of
the signer. (Government Code section 8206(a)(2)(D))
B. 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. (Civil Code
section 1185(b)(1)) The notary public must establish the identity of the credible witness by
the presentation of paper identifcation documents as set forth above. Under oath, the credible
witness must swear or affrm that each of the following is true (Civil Code section 1185(b)(1)
(A)(i)-(v)):
1. The individual appearing before the notary public as the signer of the document is the
person named in the document;
2. The credible witness personally knows the signer;
3. The credible witness reasonably believes that the circumstances of the signer are such that
it would be very diffcult or impossible for the signer to obtain another form of identifcation;
4. The signer does not possess any of the identifcation documents authorized by law to
establish the signer’s identity; and
general information 11
• Date, time and type of each offcial act (e.g., acknowledgment, jurat).
• Character of every instrument sworn to, affrmed, acknowledged or proved before the
notary public (e.g., deed of trust).
• The signature of each person whose signature is being notarized.
• A statement that the identity of a person making an acknowledgment or taking an oath
or affrmation was based on “satisfactory evidence” pursuant to Civil Code section 1185.
If satisfactory evidence was based on:
1. Paper identifcation, the journal shall contain the type of identifying document, the
governmental agency issuing the document, the serial or identifying number of the document,
and the date of issue or expiration of the document;
2. A single credible witness personally known to the notary public, the journal shall contain
the signature of the credible witness or the type of identifying document, the governmental
agency issuing the document, the serial or identifying number of the document, and the date
of issue or expiration of the document establishing the identity of the credible witness; or
3. Two credible witnesses whose identities are proven upon the presentation of satisfactory
evidence, the journal shall contain the signatures of the credible witnesses and the type of
identifying document, the governmental agency issuing the document, the serial or identifying
number of the document, and the date of issue or expiration of the document establishing the
identity of the credible witnesses.
• The fee charged for the notarial service.
• If the document to be notarized is a deed, quitclaim deed, deed of trust, or other document
affecting real property or a power of attorney document, the notary public shall require the
party signing the document to place his or her right thumbprint in the journal. If the right
thumbprint is not available, then the notary public shall have the party use his or her left
thumb, or any available fnger and shall so indicate in the journal. If the party signing the
document is physically unable to provide a thumb or fngerprint, the notary public shall
so indicate in the journal and shall also provide an explanation of that physical condition.
5. The credible witness does not have a fnancial interest and is not named in the document signed.
Note: The single credible witness must sign the notary public’s journal or the notary public
must indicate in his or her journal the type of identifying document, the governmental agency
issuing the document, the identifying number of the document, and the date of issuance or
expiration of the document presented by the witness to establish the identity of the witness.
(Government Code section 8206(a)(2)(D))
C. Oaths of Two Credible Witnesses – The identity of the signer can be established by
the oaths of two credible witnesses whom the notary public does not personally know. (Civil
Code section 1185
(b)(2)) The notary public frst must establish the identities of the two credible
witnesses by the presentation of paper identifcation documents as listed above. Under oath,
the credible witnesses must swear or affrm under penalty of perjury to each of the things sworn
to or affrmed by a single credible witness, as set forth above. (Civil Code sections 1185(b)(2)
and 1185(b)(1)(A)(i)-(v))
Note: The credible witnesses must sign the notary public’s journal and the notary public must
indicate in his or her journal the type of identifying documents, the identifying numbers of the
documents, and the dates of issuance or expiration of the documents presented by the witnesses
to establish their identities. (Government Code section 8206(a)(2)(E))
Notary Public Journal
A notary public is required to keep one active sequential journal at a time of all act
