41-255. Identification of individual
(Eff. 7/1/22)
A. A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.
B. A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the officer can identify the individual:
1. By means of:
(a) An unexpired United States passport or a state-issued driver license or nonoperating identification license.
(b) An unexpired identification card issued by any branch of the United States armed forces.
(c) Another form of unexpired government identification issued by the United States, a state or a tribal government to an individual that contains the signature or a photograph and physical description of the individual and that is satisfactory to the notarial officer.
(d) An inmate identification card issued by the state department of corrections or federal bureau of prisons, if the inmate is in state or federal custody.
(e) An inmate identification card issued by a county sheriff, if the inmate is in the custody of the county sheriff.
2. By verification on oath or affirmation of a credible witness personally appearing before the notarial officer and known to the notarial officer or whom the notarial officer can identify on the basis of satisfactory evidence of identity pursuant to paragraph 1 of this subsection.
C. In addition to subsection B of this section, for the purposes of a real estate conveyance or financing, a notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual by means of either of the following:
1. An unexpired passport issued by a national government other than the United States government that is accompanied by an unexpired visa or other documentation issued by the United States government and that is necessary to establish the individual's legal presence in the United States.
2. An unexpired identification card that is deemed acceptable by the United States department of homeland security to establish the individual's legal presence in the United States and that is accompanied by supporting documents as required by the United States department of homeland security.
D. A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the individual's identity.