<< Can the signer present you with a permissable ID that shows his/her capacity?>>
That's an interesting question, because in NY we don't currently have the concept of "a permissable ID" - we are simply to rely on "satisfactory evidence" that the person appearing before us is who he or she claims to be, which leaves it up to the notary to determine. I would be more comfortable with a list of what I can and cannot accept, but NY tends to be stuck in the 19th century on some issues... I have my own personal list of what's acceptable to me, which I use unless I'm overridden by lender requirements.
As to capacity, here's what the NY acknowledgment says:
".. and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument."
Personally, I like CA's approach better... |