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Lee-AR
Arkansas
678 Posts |
 Posted - 06/08/2010 : 06:47:50 AM
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As usual, Arkansas's Handbook is mute on the subject beyond...'be certain of the identity of signer' and 'require some form of proper identification'--which I tightly interpret to be a valid DL or state ID. As I am given a lot of latitude, I probably would accept an expired one IF the signer had additional non-photo proof and a good reason for not having a valid DL (in nursing home or an obviously disabled person who has difficulty leaving home).
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Maple
51 Posts |
Posted - 06/08/2010 : 04:21:22 AM
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I think an interesting case, for soldiers, sailors, and marines, and their dependents, is a license that is expired on its face versus actually expired. Some states specify that the licenses of active duty military and dependents do not expire until the military member leaves the military or returns to the home state, despite the expiration date that appears on the face of the license.
This is a case where the law of the state that issued the license would control, not the law of the state where the notarization took place. However, my state does not require me to accept a driver license, so I could refuse if I had any doubts that the person in front of me was the person named in the document. |
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edelske
New York
815 Posts |
Posted - 07/05/2008 : 4:26:39 PM
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New York State law:
“§303. Requisites of acknowledgments. An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument.”
The thing to be known is the identity of the person making the acknowledgment with the person described in the instrument and the person who executed the same. This knowledge must be possessed by the notary (Gross v. Rowley, 147 App. Div. 529), and a notary must not take an acknowledgment unless the notary knows or has proof that the person making it is the person described in and who executed the instrument (People v. Kempner, 49 App. Div. 121). It is not essential that the person who executed the instrument sign his name in the presence of the notary.
Bold - added by me.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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LindaH
Florida
1754 Posts |
Posted - 06/24/2008 : 4:29:25 PM
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Quaye:
Oklahoma's "handbook", or Guide as they call it, is really vague on this..one part states "In taking an acknowledgment, verification, or witnessing or attesting a signature, a notary must determine, either from personal knowledge or from satisfactory identification documents,..." - the guide does not list acceptable forms of ID and the determination of what is satisfactory identification is, apparently, left to the notary - the notary merely must see ID that sufficiently proves to the notary that the signer is the person in front of him.
Given that your handbook gives you this much latitude, if your signer's ID is current enough that you are satisfied it's him/her, then you should be okay...MHO
BOY am I glad Florida spells it out - our manual leaves nothing to doubt.
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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Edited by - LindaH on 06/24/2008 4:30:37 PM |
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crtowles
California
553 Posts |
Posted - 06/24/2008 : 3:05:18 PM
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In California it is 5 years from the issue date. Not the date the license expired. This is why it is imperative that you know your states notary laws.
Carmen
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tgonsor
Arizona
36 Posts |
Posted - 06/24/2008 : 12:28:21 PM
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| Yes, that is true and crazy isn't it! I originally came from California so it was a shock to me as well. I have however, been presented with expired AZDL's. |
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CopperheadVA
Virginia
420 Posts |
Posted - 06/24/2008 : 12:23:47 PM
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How can anyone in AZ have an expired D/L? Aren't their D/L's good for something like 45 years? The first time I saw that I was astonished!
In Virginia, there is no specification that the D/L has to be current. Same with all other ID listed in the handbook. The only thing it does specify regarding current ID is that we can accept an unexpired foreign passport.
So, it really depends on what your state handbook specifies - not sure which state the original poster is from.
CopperheadVA |
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tgonsor
Arizona
36 Posts |
Posted - 06/24/2008 : 12:15:34 PM
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| This is not true in my state. Arizona prohibits us to use an expired AZDL. Now, I believe California might be different but don't take my word for it. I can only be certain of Arizona. |
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n/a
Oklahoma
5 Posts |
Posted - 06/24/2008 : 10:37:31 AM
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I was given some information from a credible source that we could use an expired drivers license for ID as long as it was not too old if the photo and signature were acceptable. I realize this should not be a common practice, but I wondered if it was true?
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Expired drivers license
