Introduction

The Environment

Organizations and individuals have been moving from traditional paper-based methods of doing business and communicating information to computer-based methods, such as electronic commerce and electronic mail. This movement has created the challenge of finding new technical mechanisms and legal criteria for assuring that electronic documents will be at least as reliable and legally recognized as their paper counterparts. One aspect of this challenge is that the traditional mechanisms used to identify and authenticate documents (such as handwritten signatures on paper documents) are unavailable for authenticating computer-based records. A solution to this problem invokes the use of digital signatures. Each user generates certain numbers, including one called a public key which can be mathematically related to the signer-user's identity and is used to verify the signer-user's signature. A technical primer on digital signatures is included as Appendix 1 to this FAQ.

An American Notary is a ministerial officer of a particular U.S. jurisdiction whose function it is to administer oaths and take affidavits, to take acknowledgments of deeds and other instruments, and to perform other acts specified by law of the notary's jurisdiction. An American notary is not required to be a lawyer and the evidentiary value of a notarial certification varies among jurisdictions.

Notaries enter into this process to enhance the accuracy and trustworthiness of the "association" between the public key and the signer-user's identity. The notary confirms such an association by taking the acknowledgment of ("notarizing") the Digital ID Enrollment form, which facilitates the issuance of a Digital ID by VeriSign. The following figure shows the role of the notary in the sequence leading to the issuance of a Digital ID.

Notaries attest to this association in their role as "trusted third-parties." They grant to the association the special legal status a notarization brings, enhancing the proof and enforceability of certain digitally signed records and bolstering both the real and perceived trustworthiness of the digital signature environment. Furthermore, the notarization is a one-time act that supports the later verification and proof of a potentially infinite number of digitally signed transactions created under the signer-user's Digital ID. In short, notarization efficiently provides significant and long-term benefits to the signer-user and enhances the viability of global electronic commerce.

About the FAQ

This compilation of frequently asked questions (FAQ) provides assistance to notaries regarding the proper completion and execution of the Digital ID Enrollment form. It seeks to balance notarial discretion with the need for uniformity in the Digital ID issuance process. It also represents the collective experience and knowledge of the VeriSign, Inc. ("VeriSign") staff and counsel. It has been rigorously reviewed by distinguished notaries and by lawyers in both common law countries (such as the United States and England) and civil law countries (such as France and Italy) worldwide. Moreover, it has been reviewed and endorsed by the International Union of Latin Notaries -- the world's most influential and prestigious notarial organization, as well as by various national notarial organizations.

A Notaire is a legal professional whose practice derives from the Romano-Germanic notarial tradition. Notaires are duly appointed officers, whose public office it is to draw up, attest to, or certify deeds and other documents, including conveyances of real and personal property and powers of attorney relating to real and personal property; to certify transactions relating to negotiable instruments; to incorporate, modify and dissolve limited liability companies; to prepare wills or other testamentary documents; to draft protests and other formal papers relating to occurrences on >voyages of ships and their navigation and the carriage of cargo.

This FAQ is a living document that will continue to evolve in response to notary and user questions, experiences and practices. Questions and comments are solicited for possible inclusion in updates of this FAQ.

Frequently Asked Questions

Question 1: What is the notary asked to do?

• Answer: The notary is asked to assess the identity of the applicant using identification documents the applicant provides. The notary is then requested to take the acknowledgment of the applicant (that the applicant has executed the document by signing it in the notary's presence).

• The notary is not asked to draft documents, negotiate an agreement among the parties, or otherwise represent the applicant (some of the tasks that are frequently undertaken by Latin-style notaries).

Question 2: Does the notarial acknowledgment block (the information printed below the line containing the word "ACKNOWLEDGMENT" on the Form) satisfy legal requirements for an acknowledgment taken by a notary?

• Answer: Yes. The acknowledgment block either meets or exceeds statutory requirements in some jurisdictions. Indeed, a requirement to list certain forms of identification is law in some states. In other jurisdictions, the forms of identification relied upon by the notary must be listed in a notarial record (log) book.

• Because VeriSign offers a globally consistent "level of assurances," the requirements contained in the Signer Approval Request Form are, by necessity, uniform. Consistent with notaries' obligations to accurately and diligently undertake notarial obligations, it is anticipated that notaries will find the requested acknowledgment block not only reasonable, but welcomed -- even in jurisdictions that do not require such detail.

Question 3: Why must the signer-user present three (3) forms of identification to the notary?

• Answer: Three forms of identification are not necessarily required by the law, but it is permissible to request three forms in nearly all jurisdictions. As a practical matter this procedure has improved Digital ID Enrollment Form trustworthiness. Consequently, VeriSign will not process applications that fail to comply with this requirement. Notaries are, of course, as a matter of autonomy and due diligence, permitted to require any additional number of identification documents they consider necessary.

• In the unlikely event that a notary chooses to disregard this requirement (of listing three forms of identification), VeriSign will process applications that adopt the following alternative procedure. The notary must (i) append a photocopy of the required forms of identification to the Signer Approval Request Form, (ii) have the applicant affirm that each is a true copy, and (iii) execute a jurat accordingly as evidence of the applicant's affirmation. This alternative procedure (for identification) does not impinge on notarial discretion in taking the acknowledgment of the Form since this alternative procedure is an independent act. Moreover, because the applicant, rather than the notary, affirms to the accuracy of the photocopies, the procedure does not violate certain laws that prohibit notaries from certifying copies of certain specified documents such as birth certificates or anything bearing an official government seal.

Question 4: What types of identification documents are acceptable?

• Answer: Identification documents containing photographs are the preferable form of identification. At least one of the three forms of identification must be a photo-ID. In addition to a driver's license and passport, acceptable forms of photo identification include employee and student IDs, firearms IDs, non-driver government-issued photo IDs, and, where available, national ID cards. The precise forms of identification documents are, of course, subject to applicable law.

• The use of a credit card as a form of ID is optional, and a credit card may only serve as one of the three forms of required ID. Identification by credit card is a common business practice in connection with the sale of goods and services. Where a credit card is used for ID, the cardholder's exact name, identifying number, and expiration date are required. This information will be kept confidential by VeriSign, except that it may be verified with the applicable credit card company or issuer. In the event that the applicant expresses concern about the use of such identifying numbers, the notary should remind the applicant that the use of a credit card as a source of identification is voluntary.

• Notaries are free to use additional forms of identification documents to supplement the required forms of identification.

Question 5: May the notary take an acknowledgment of the application based upon personal knowledge of the signer-user?

• Answer: No. Only acknowledgments based upon the presentation of identification documents are permitted. This is simply a sound policy decision by VeriSign to ensure objective documentary evidence of uniform and consistent practices throughout the VeriSign Commercial Hierarchy, thereby bolstering public confidence in the VeriSign Commercial Hierarchy's "level of assurances."

• Although notaries are generally permitted by law to take acknowledgments of documents based upon (i) personal knowledge of the applicant or (ii) the oath of someone with personal knowledge of both the notary and the applicant, neither of these methods are permitted for Digital ID requests. In practice this will not preclude a notary from relying upon personal knowledge, provided the requirements for documentary identification are also satisfied.

Question 6: Why must a signer-user personally appear and sign in front of the notary?

• Answer: Personal appearance is a critical, historical and time-tested method to ensure the trustworthiness of notarial acts. Personal presence is a threshold requirement of all such notarial acts. It enhances security, to the benefit of both creators and verifiers of digital signatures.

Question 7: Can the notary eliminate "blank spaces" in the Form?

• Answer: Yes, but adherence to the following guidelines are urged.

• The Signer Approval Request Form is logically constructed so as to ensure that only "Encoded Signer Information" appears in that field. Because VeriSign will optically scan and interpret (via OCR) the Encoded Signer Information (the applicant's purported public key), writing in this field, including in blank areas of that field, will force a manual process, thereby creating processing delays or application rejection. Consequently, notaries are urged to refrain from writing in or otherwise obscuring this field. Both parties can retain a copy of the executed form to prevent subsequent insertions of text.

Question 8: Must a notary review and attest to the terms and conditions incorporated by reference in the Signer Approval Request Form?

• Answer: No. In taking an acknowledgment, notaries need not read or vouch for the accuracy or legal effect of terms that are incorporated by reference. In fact, in some jurisdictions notaries are not permitted to read the content of the document being notarized, including incorporated terms. The notarial block's form of acknowledgment does not represent that the notary has either reviewed or approved any portion of the agreement/Form, including the incorporated terms and conditions. However, the notary is encouraged to query the user as to whether or not he/she has read and understood the incorporated terms. Indeed the Form expressly states "applicant acknowledges that he/she has read, understands and agrees to such terms."

Question 9: What are the fees for notarial acknowledgments?

• Answer: The prices charged for notarization vary throughout the world. However, the type of notarial services required for this application are generally the minimal services provided under all notarial jurisdictions. Consequently, the fees for such services can be anticipated to be among the least expensive offered by notaries -- whether by law or practice.

Question 10: Where does one find a notary in one's country/state?

• Answer: The availability of notaries varies throughout the world. Notaries are listed in phone books worldwide, and national and regional notary associations can also assist users in locating a notary. Many of the notary associations that have reviewed and endorsed this FAQ are listed at the end of this FAQ. Additionally, in some jurisdictions, city/municipal and judicial clerks are frequently authorized with specified notarial powers. VeriSign maintains a list of notaries that are familiar with the Digital ID Enrollment Form application process.

Question 11: Is the notarization of the Digital ID Enrollment Form valid without completing an all purpose acknowledgment certificate, as may be required for acknowledgments in certain jurisdictions?

• Answer: The substantive content of an All Purpose Acknowledgment is reflected in the notarial block of the Signer Approval Request Form. Also, because the Signer Approval Request Form is filed with a commercial certification authority rather than with a government entity (such as a real property deed registry), and since it applies exclusively to a signer-user acting in his individual capacity, the formal completion of an All Purpose Acknowledgment tends to be potentially less important. Courts will likely be satisfied with simple "substantive adherence" with statutory requirements. However, in jurisdictions where the completion of the All Purpose Acknowledgment is mandatory, the procedures suggested in question 12 are recommended.

Question 12: Where an All Purpose Acknowledgment form is required, can or must such a form be photocopied on the back of the Signer Approval Request Form?

• Answer: It is preferable that any supplemental documents such as All Purpose Acknowledgments and photocopied identification documents (where applicable, see question 4 above) be photocopied directly onto the back of the Form rather than attached to it. This provides a higher degree of assurance. However, properly physically appended forms are acceptable. All physically appended documents should explicitly identify and reference the Form.

• Where an All Purpose Acknowledgment is used (e.g., in California), the inclusion in that form of the applicant's forms of identification should be viewed as an addition (and enhancement) rather than as a deletion. As such, the procedure should be viewed as substantially in compliance with the law and therefore acceptable.

Question 13: What if I have questions that are not addressed by this FAQ?

• Answer: VeriSign maintains a special Email box to respond to registration questions. Email to: notary@VeriSign.com. An autoresponder will explain when an answer will be returned, together with a name and phone number for emergencies.

Question 14: Before visiting the notary, how should the signer-user prepare?

• Answer: The following checklist is suggested in preparation for notarization. The signer-user should:

  1. BRING THE DIGITAL ID ENROLLMENT FORM TO THE NOTARY, PLUS ONE OR MORE EXTRA COPIES . . . JUST IN CASE.

  2. DO NOT SIGN THE FORM UNTIL YOU ARE IN FRONT OF THE NOTARY.

  3. BRING THE THREE REQUIRED FORMS OF ID (SEE THE REQUEST FORM), PLUS ADDITIONAL FORMS OF ID IN CASE THE NOTARY REJECTS ONE OR MORE OF YOUR PROPOSED FORMS OF ID. In certain civil law countries, notaries may require all forms of identification to be photo IDs.

  4. BRING THE NECESSARY NOTARIAL FEE.

  5. PLAY AN OVERSIGHT ROLE!!! CHECK TO MAKE SURE THAT ALL REQUIREMENTS HAVE BEEN FULFILLED.The submission of the Form is ultimately the responsibility of the signer-user and therefore the signer-user should review the completed document before submission.

DISCLAIMER

This FAQ is provided as a service to the notarial community. It cannot replace the notary's independent judgment. It is not provided as "legal advice" and it shall not be used as such. Consequently, VeriSign shall not be held responsible for its content or use. The list of notaries and organizations appended to this document is not necessarily an endorsement of any particular notary or organization; nor does it represent their endorsement of any particular product. VeriSign assumes no liability in connection with the acts of any notaries, whether or not they are listed in this FAQ or other VeriSign information resources.

Acknowledgments

The assistance and review of this FAQ by the following distinguished leaders of the notarial community are grateful acknowledged.

• James C. Arceneaux, III, Esq.
  New Orleans Notary Association

• A. G. Dunford, Notary & Secretary
  The Notaries' Society, United Kingdom

• Sigrun Erber-Faller, Notarassessorin
  Bundesnotarkammer, Germany

• Eugene E. Hines, Esq., Exec. Dir.
  Emer. American Society of Notaries, USA

• William Kennair, LL.B., Notary
  Society of Public Notaries of London

• Notaio Dott. Mario Miccoli
  International Union of Latin Notaries

• Jacques H. Motel, Notaire
  Representative, Counseil Superieur du Notariat, Paris

• Deborah Thaw, Exec. Dir.
  National Notary Association, USA

• Michael S. Baum, J.D., M.B.A. is acknowledged for his drafting of this FAQ.

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Appendix 1 Digital Signature Technical Primer

Public key cryptography uses a key pair. Each key performs a one-way transformation upon the data. Each key is the inverse function of the other; what one does, only the other can undo. The public key is made publicly available by its owner, while the private key is kept secret. To send a private message, an author scrambles the message with the intended recipient's public key. Once so encrypted, the message can only be decoded with the recipient's private key. Inversely, the user can also scramble data using their private key; in other words, the keys work in either direction. This provides the basis for the "digital signature," for if the user can unscramble a message with someone's public key, the other user must have used their private key to scramble it in the first place. Since only the owner can utilize their own private key, the scrambled message becomes a kind of electronic signature -- a document that nobody else can produce.

A digital signature is created by running message text through a hashing algorithm. This yields a message digest. The message digest is then encrypted using the private key of the individual who is sending the message, turning it into a digital signature. The digital signature can only be decrypted by the public key of the same individual. The recipient of the message decrypts the digital signature and then recalculates the message digest. The value of this newly calculated message digest is compared to the value of the message digest found from the signature. If the two match, the message has not been tampered with. Since the public key of the sender was used to verify the signature, the text must have been signed with the private key known only by the sender. This entire authentication process will be incorporated into any security-aware application.

Users of digital signature technology typically attach their unique Public key to an outgoing document, so the recipient need not look up that Public key in a public key repository. But how can the recipient be assured that this Public key, or even one in a public directory, really belongs to the person which it indicates? Could not an intruder masquerade in the computer network as a legitimate user, literally sitting back and watching as others unwittingly send sensitive and secret documents to a false account created by the intruder?

The solution is the Digital ID-- a kind of digital "passport" or electronic ID. The Digital ID(which contains the user's public key) has itself been "digitally signed" by someone trusted to do so: a certification authority. The notary public supports the certification process by attesting to the identity of the key holder.