Signature by Mark Notary Public
A signature by mark being notarized is required when a signer or individual cannot sign their full legal signature. This often occurs with the disability of a client. If they have an injured hand, arm, or fingers, or possibly paralyzation, it can be difficult or impossible for them to execute their usual signature. Sometimes signers must use the opposite hand, or even use their mouth to hold a pen and subscribe their signature to documents.
It is possible to still be notarized under these conditions as long as other conditions are all met.
There are a few requirements that need to be met specifically. There must be two additional witnesses to witness the making of the mark. One witness must sign the signers name next to the mark, and then they must sign their names as witnesses to the document/ mark. One signer must also sign the signers name and subscribe their own name in the notary public’s journal for record.
This can be complicated, and signers should always consult a lawyer in regards to the legality of a signature by mark for the intended purpose or recipient of the document. Even though California Notary Publics are allowed to notarize signatures by mark, this does not mean that the signature is sufficient for the legality, the recording agency, or the party to which the document is going to be presented.
When a signer is unable to subscribe to the same legal signature that is on their identification and other documents, they can choose to utilize signature by mark. This mark is an x or another shape, typically. It just must be a consistent mark throughout the documents executed, and in the Notary Public’s journal in order for the Notary Public to be allowed to notarize the mark as a notarized signature.