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Chapter 10: Handling Difficult or Uncommon

Notarial Situations

Name on document does not match name on identification

Infrequently you may be presented with an ID card that does not match the signer's name on the
document. Texas law is unclear on how to proceed. The AAN suggests that you may perform those
notarial acts as long as you have satisfactory evidence proving that the person appearing before you is
the person described in the document (for example, signer's hair, eye color, height, etc. on ID card

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6/5/22, 9:46 PM Name on document does not match name on identification

matches the signer's appearance). Therefore, if the document lists the person’s name as “Jane Marie
Smith” but the identification card lists “Jane M. Smith,” it is entirely within your discretion to determine
whether or not the evidence presented is satisfactory.

When completing your record book, enter the signer’s name as it appears on the document. Add a
note concerning the mismatch of names and the reasons you accepted the identification documents in
case the notarial act is ever questioned.

However, you should refuse to notarize documents if, for example, the person’s maiden name is listed
as “Marie M. Jones” on the document but the identification presented lists the signer’s married name as
“Marie M. Doe.” Even if the signer presents a marriage certificate, we recommend that you decline to
proceed with the notarization and instead advise the signer to have the document drafter change the
name on the document to reflect her married name. Alternatively, you may perform the notarial act if
the signer is personally known to you or is identified using the credible witness identification method.

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