Before a notary public may take the acknowledgment of an instrument, what must the officer have regarding the person making the acknowledgment?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
California Notary Exam · ID
California Notary Exam Practice Questions: Identifying Signers and Witnesses (2026)
A California notary may not take an acknowledgment without satisfactory evidence that the person making it is the individual who is described in and who executed the instrument, under Civil Code § 1185. Satisfactory evidence means the absence of any information or circumstance that would lead a reasonable person to doubt the signer's identity, combined with one of the listed methods: a qualifying identification document, the oath of one credible witness personally known to the notary, or the oaths of two credible witnesses. A notary who fails to obtain it faces a civil penalty of up to $10,000.
Practice
Free practice questions
A notary takes an acknowledgment for someone the notary is certain is an imposter, but the person presents a valid current California driver's license. May the notary proceed?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
Under the satisfactory-evidence standard, beyond presenting an acceptable identification or witness, what additional condition must be met?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
When identity is established through a single credible witness, how must that witness's own identity be proven to the notary?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
For a single credible witness to be used, what must the witness reasonably believe about the signer's ability to obtain identification?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
Which condition must be true about a single credible witness's relationship to the document being acknowledged?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
When a single credible witness is relied upon, what must be true about whether the signer holds standard identification documents?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
What is the maximum civil penalty a notary public faces for failing to obtain the satisfactory evidence required when relying on a single credible witness?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
Who may bring an action to impose the civil penalty on a notary who fails to obtain the required satisfactory evidence?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
Once the civil penalty for failing to obtain satisfactory evidence is imposed, how is it enforced?
Based on: Civ. Code § 1185: Satisfactory evidence of identity
The two lists of acceptable documents, and the five-year rule
Civil Code § 1185(b) splits acceptable identification into two paragraphs, and the exam tests the split. Paragraph (3) covers the home-turf documents: an identification card or driver's license issued by the California Department of Motor Vehicles, a passport issued by the United States Department of State, an inmate identification card issued by the Department of Corrections and Rehabilitation if the inmate is in custody in prison, and sheriff's-department inmate identification for a local detention facility. Paragraph (4) covers everything else: a valid foreign passport or consular identification document from the signer's country of citizenship, a driver's license issued by another state or by a Canadian or Mexican public agency, an identification card from another state, a United States military identification card, an employee ID issued by a California state, city or county agency, and an identification card issued by a federally recognized tribal government. Both lists share the timing rule the exam loves: the document must be current or have been issued within five years, so a passport issued six years ago that has expired fails. Paragraph (4) documents carry four extra conditions: they must contain a photograph and description of the person, be signed by the person, and bear a serial or other identifying number.
Credible witnesses and the subscribing witness
When the signer has no qualifying document, § 1185 offers two witness routes. A single credible witness must be personally known to the notary, prove their own identity with a paragraph (3) or (4) document, and swear under oath to a specific set of facts: that the signer is personally known to the witness, is the person named in the document, does not possess any of the listed identification documents, and that the signer's circumstances make it very difficult or impossible to obtain another form of identification; the witness must also have no financial interest in the document and must not be named in it. Two credible witnesses may be used instead: they take the oath or affirmation under penalty of perjury that each of the same statements is true, and their identities are proven to the notary by presentation of paragraph (3) or (4) documents. A witness convicted of perjury under this section forfeits any financial interest in the document. A different creature entirely is the subscribing witness in the proof-of-execution procedure of § 1195: proof may be made by the party executing the instrument, by a subscribing witness, or by handwriting evidence in the narrow cases of § 1198, but § 1195(b) bars proof of execution altogether for a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed or security agreement, while expressly permitting it for a trustee's deed or deed of reconveyance, and bars it for any instrument requiring a journal thumbprint. Under § 1196 the subscribing witness is himself proved by the oath of a credible witness who supplies a qualifying document.
| Point | One credible witness | Two credible witnesses |
|---|---|---|
| Personally known to the notary | Required | Not required; identity proven by documents |
| Identity proven by a paragraph (3) or (4) document | Yes | Yes, for each witness |
| Oath or affirmation under penalty of perjury | Yes | Yes, from both |
| Swears the signer cannot obtain other ID | Yes, very difficult or impossible | Yes, same statements |
| Financial interest in the document allowed | No, and not named in it | No, and not named in it |
FAQ
Frequently asked questions
What identification can a California notary accept?
Under Civil Code § 1185(b), a California notary may rely on a California DMV identification card or driver's license, a U.S. passport, or qualifying inmate identification (paragraph 3), or on a foreign passport or consular ID, an out-of-state or Canadian or Mexican driver's license, an out-of-state ID card, a U.S. military ID, a California government employee ID, or a federally recognized tribal ID (paragraph 4). Every document must be current or issued within five years.
Can a California notary accept an expired ID?
Only within the five-year window. Civil Code § 1185(b)(3) and (4) permit reasonable reliance on a document that is current or has been issued within five years, so a recently expired California driver's license can still qualify. A passport issued six years earlier and no longer current fails the test. Paragraph (4) documents must also carry a photograph, a description, the holder's signature and a serial or identifying number.
How does a California notary identify a signer who has no ID?
Through credible witnesses under Civil Code § 1185(b)(1) and (2). One credible witness personally known to the notary, or two credible witnesses identified by qualifying documents, swear under penalty of perjury that the signer is personally known to them, is the person named, possesses none of the listed identification documents, and would find it very difficult or impossible to obtain other identification. The witnesses must have no financial interest in the document and must not be named in it.
What is a subscribing witness in California?
A subscribing witness supports proof of execution of an unacknowledged instrument under Civil Code § 1195. Under § 1197 the witness must prove that the party is the person described in the instrument, that the person executed it, and that the witness subscribed his or her name as a witness. Under § 1196 the subscribing witness is proved by the oath of a credible witness who presents a document satisfying § 1185(b)(3) or (4).
Which California documents can never be handled by proof of execution?
Civil Code § 1195(b)(1) bars proof of execution for a power of attorney, grant deed, mortgage, deed of trust, quitclaim deed or security agreement, while permitting it for a trustee's deed or deed of reconveyance, and § 1195(b)(2) bars it for any instrument that requires the notary to obtain a journal thumbprint under Government Code § 8206. Those documents demand the signer's personal appearance and acknowledgment instead.