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Questions and Answers
In the context of notarization, under what circumstance is a signature by mark typically employed?
In the context of notarization, under what circumstance is a signature by mark typically employed?
- When a signer wants to expedite the signing process for convenience.
- When a signer prefers a symbolic representation over their written name for personal reasons.
- When a signer is incapable of writing their name. (correct)
- When a signer is unable to physically write their name due to a temporary condition.
What is the standard of identification required by a notary public for a person signing a document with a mark?
What is the standard of identification required by a notary public for a person signing a document with a mark?
- The notary must receive verbal confirmation of identity from the witnesses.
- The notary must personally know the signer.
- The notary is not required to identify the signer if witnesses are present.
- The notary must identify the signer through satisfactory evidence. (correct)
How many witnesses are mandated to be present when a document is signed by mark for notarization purposes?
How many witnesses are mandated to be present when a document is signed by mark for notarization purposes?
- Two witnesses, who must subscribe their names to the document. (correct)
- Witnesses are optional, depending on the notary's discretion.
- At least three witnesses to ensure accuracy and prevent fraud.
- One witness, who must also be a notary public.
What is the primary action required of the witness(es) when someone signs a document by mark?
What is the primary action required of the witness(es) when someone signs a document by mark?
In a signature by mark notarization, what specific annotation is required of at least one witness on the document?
In a signature by mark notarization, what specific annotation is required of at least one witness on the document?
Under normal circumstances, is it mandatory for a notary public to record the details of the witnesses in their official journal when notarizing a signature by mark?
Under normal circumstances, is it mandatory for a notary public to record the details of the witnesses in their official journal when notarizing a signature by mark?
When does the exception requiring witnesses' signatures to be entered into the notary public's journal apply in a signature by mark notarization?
When does the exception requiring witnesses' signatures to be entered into the notary public's journal apply in a signature by mark notarization?
Apart from the document itself, where else must the signer by mark make their mark to properly complete the notarization process?
Apart from the document itself, where else must the signer by mark make their mark to properly complete the notarization process?
For a signature by mark in the notary public journal, who is responsible for writing the signer's name next to the mark in the journal?
For a signature by mark in the notary public journal, who is responsible for writing the signer's name next to the mark in the journal?
What is the fundamental purpose of requiring witnesses for a signature by mark during notarization?
What is the fundamental purpose of requiring witnesses for a signature by mark during notarization?
Flashcards
Signature by Mark
Signature by Mark
When a signer can't write their name, they can sign with a mark, which requires specific notarization steps.
Signer Identification
Signer Identification
The notary must verify the signer's identity through satisfactory evidence.
Witness Requirements
Witness Requirements
The signer's mark must be witnessed by two people who sign as witnesses on the document.
Witness Action
Witness Action
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Notary's Role with Witnesses
Notary's Role with Witnesses
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Mark in Notary Public Journal
Mark in Notary Public Journal
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Study Notes
Review: Signature by Mark
- When a signer cannot write or sign their name, they may sign a document by mark.
- Notarizing a signature by mark requires specific steps.
Notarization Requirements
- The notary public must identify the person signing by mark through satisfactory evidence.
- Two witnesses must observe the signer making their mark and then subscribe their own names as witnesses on the document.
- One witness must write the signer's name next to their mark, and then sign their own name.
- The witnesses are only verifying that they witnessed the individual make their mark on the document
- A notary public does not need to identify the two witnesses or have them sign the notary public’s journal unless the witnesses acted as credible witnesses to establish the identity of the signer by mark.
- The signer must include their mark in the notary public journal.
- To qualify as a signature, an individual must witness the making of the mark in the notary journal, and also write the person’s name next to the mark and sign their own name as a witness.
Example Document
- In an example provided, Bob Smith gives power of attorney to Jane Brown.
- Bob Smith signs with a mark witnessed by Vicki Jones and Arlene Wilson
- On February 5, 2013, John Doe, a notary public, notarized Bob Smith’s signature.
Note
- A notary public seal and signature cannot be affixed to a document without the correct notarial wording.
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