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What is a credible witness in California notary?

4 min read

Asked by: Felicia Aragon

California allows Notaries to identify the signer through one or two credible identifying witnesses under certain situations. A credible witness is an individual who personally knows the signer and can vouch for the signer’s identity to the Notary.Sep 5, 2018

What is a credible witness primary function to a Notary?

National Notary Association

. Hello. Credible witnesses serve as identification for a signer during a notarization if the signer has no other acceptable form of ID they can present to the Notary. Essentially, a credible witness is a “human ID card” during a notarization.
Oct 7, 2015

What is a credible identifying witness?

A Credible Identifying Witness is an individual who PERSONALLY KNOWS the SIGNER and SWEARS or AFFIRMS to the SIGNER’S IDENTITY.

When using a credible witness the Notary must?

Responsibilities of Notary Public in Using Credible Witnesses. States Allowing One Credible Witness: The credible witness must personally know the signatory and the notary must personally know the witness. This arrangement establishes a chain of personal knowledge such that there is reduced potential for fraud.

When using a credible witness to identify the signer for an Acknowledgement the Notary?

Both credible witnesses must personally know the document signer and possess an acceptable identification document to present to the notary for positive identification. When two credible witnesses are used, they both complete the credible witness affidavit, sign it and print their names under their signatures.

What are two credible witnesses?

One witness is sufficient if the notary personally knows the witness and the witness knows the document signer. Use two witnesses if neither witness is personally known to the notary. Both witnesses must personally know the document signer and be able to produce acceptable identification to the notary.

How do you record a credible witness in California?

The credible witness must sign the notary public’s official journal or the notary public must record in the notary public’s official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document

How do you validate a witness?

The credible witness must sign an affidavit that states the following:

  1. The individual appearing before the notary is known to the credible witness and is indeed the individual whose name is on the document in question.
  2. The witness believes beyond a reasonable doubt that the signer does not have a valid ID.

What is the difference between a credible witness and a subscribing witness?

Okay the credible identifying witness must have no interest in the document being notarized.

Can a credible witness be named in the signer’s document?

The credible witness must swear to the following: The person appearing before the notary is the same person named in the document. The credible witness personally knows the signer. The credible witness does not have a financial interest and is not named as a beneficiary in the document.

Can a notary be a witness in California?

These witnesses must be competent and ideally disinterested to be valid. Furthermore, the signature of a notary public on a will does not take the place of a witness.

What happens if a notary does not witness signature?

In fact, the law prohibits a notary from notarizing a signature if the signer is not present. Violating the personal presence requirement may result in a monetary loss for the victim, leading to a lawsuit against the notary or a claim against the notary’s bond.
Jan 1, 2015

How do you identify a subscribing witness?

To serve as a subscribing witness, a person must either have been physically present when the document was originally signed or present for the signer to acknowledge their signature to the witness.
Apr 7, 2021

Who can witness a signature?

Who Can Witness a Signature? Documents being used for domestic purposes can often be witnessed by any neutral party. In certain cases, i.e. for passport applications, these should be a person with a recognised good standing in society; namely a teacher, company director or an accountant.

Can a family member be a witness?

The same witness can attest each individual signature, but they must be done separately. A party to the deed cannot be a witness but there is no legal requirement for the witness to be independent or disinterested so there is nothing stopping your spouse or civil partner from acting as a witness.
Sep 23, 2021