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When a signer uses a mark instead of a written signature, what additional step MUST the notary public take?
When a signer uses a mark instead of a written signature, what additional step MUST the notary public take?
- Have the signer state their full legal name for audio recording.
- Obtain a written statement from the signer explaining why they cannot sign their name.
- Ensure the signer uses a specific type of mark, such as an 'X'.
- Have two witnesses observe the signer making their mark and sign the document. (correct)
In a signature by mark notarization, what is the primary role of the witnesses?
In a signature by mark notarization, what is the primary role of the witnesses?
- To confirm they observed the individual make their mark on the document. (correct)
- To attest that the signer is mentally competent and understands the document.
- To guarantee the accuracy and truthfulness of the document's contents.
- To verify the signer's identity using government-issued identification.
According to the provided content, which of the following is an acceptable mark for a signature?
According to the provided content, which of the following is an acceptable mark for a signature?
- A precise replica of the signer's usual signature.
- Any symbol or sign the signer intends to represent their signature. (correct)
- A fingerprint.
- A standardized 'X' witnessed and approved by a legal professional.
When is it required for the signatures of the two witnesses to be entered into the notary public's journal during a signature by mark notarization?
When is it required for the signatures of the two witnesses to be entered into the notary public's journal during a signature by mark notarization?
What must one of the two witnesses do in addition to signing their name next to the signer's mark on the document?
What must one of the two witnesses do in addition to signing their name next to the signer's mark on the document?
Who is responsible for confirming the identity of the person making the mark during a notarization?
Who is responsible for confirming the identity of the person making the mark during a notarization?
In the context of a signature by mark, where is the mark made when the signer is acknowledging his or her signature on a document?
In the context of a signature by mark, where is the mark made when the signer is acknowledging his or her signature on a document?
Can the notary public act as a witness for the signer's journal signature when the signer signs by mark?
Can the notary public act as a witness for the signer's journal signature when the signer signs by mark?
When notarizing a signature by mark, what must the notary public still perform, in addition to the specific requirements for mark signatures?
When notarizing a signature by mark, what must the notary public still perform, in addition to the specific requirements for mark signatures?
For a signer subscribing and swearing to an affidavit with a mark, where must the mark be made?
For a signer subscribing and swearing to an affidavit with a mark, where must the mark be made?
Flashcards
Signature by Mark
Signature by Mark
A person who cannot write their name can acknowledge their signature by making a mark.
Notary's Duties
Notary's Duties
The notary must perform all steps for the appropriate notarial act, like acknowledgment or jurat, and use the correct form.
Signer's Mark
Signer's Mark
The signer can make a mark where their signature should be, acknowledging it in the presence of the notary public.
Witness Requirements
Witness Requirements
Two witnesses must observe the signer making their mark and sign their names next to the signer's mark on the document.
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Journal Entry
Journal Entry
The signer must make their mark in the notary public's journal, witnessed by another person, who also signs next to the mark.
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Witness Identification
Witness Identification
Notary is not required to identify the two people who are witnessing the signature by mark or to have the two witnesses sign the notary public's journal, unless they are credible witnesses.
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- Someone unable to write their name can acknowledge their signature on a document or swear to an affidavit by making a mark.
- Performing a notarization with a signature by mark still requires the notary public to do the normal steps for a notarization, like acknowledgment or jurat, and use the appropriate form.
- The notary public must confirm the identity of the person making the mark by satisfactory evidence.
Additional Steps
- If the signer must acknowledge their signature on a document, they can make a mark where their signature should be, in the presence of the notary public, and acknowledge the mark as their signature.
- The "mark" does not need to be an "X".
- If the signer is subscribing and swearing to an affidavit, they can make a mark where their signature should be, in the presence of the notary public.
- The "mark" does not need to be an "X".
- Two witnesses must observe the signer making their mark then sign their names next to it on the document.
- One of the witnesses must write the signer's name next to the mark.
- The signer must also make their mark as the required signature in the notary public's journal.
- The making of the mark in the notary public's journal must be witnessed by a person, that signs their name next to the mark and writes the name of the signer.
- The notary public can serve as the witness for the signer's journal signature.
- The witnesses are verifying they witnessed the individual make their mark.
- A notary public isn't required to identify the two signing witnesses or have them sign the notary public's journal.
- Exception: if the witnesses were acting as credible witnesses to establish the identity of the person signing by mark, then the witnesses' signatures must be entered in the notary public's journal.
- Effective January 1, 2017, fees which may be charged for certain notarial acts have increased.
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