Notary Public Handbook - California Page 16
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4814
GENERAL INFORMATION
SIGNATURE BY MARK
When the signer of an instrument cannot write (sign) his or her name, that person may sign
the document by mark. (Civil Code section 14) The requirements for notarizing a signature by
mark are as follows:
1. The person signing the document by mark must be identified by the notary public by
either personal knowledge or satisfactory evidence. (Civil Code section 1185)
2. The signer’s mark must be witnessed by two persons who must subscribe their own
names as witnesses on the document. One witness should write the person’s name next
to the person’s mark and then the witness should sign his or her name as a witness. The
witnesses are only verifying that they witnessed the individual make his or her mark on
the document. A notary public is not required to identify the two persons who witnessed
the signing by mark or to have the two witnesses sign the notary public’s journal.
EXCEPTION: If the witnesses were acting in the capacity of credible witnesses in
establishing the identity of the person signing by mark, then the witnesses’ signatures
must be entered in the notary public’s journal.
Following is an example of a document executed by Signature by Mark:
I, Bob Smith, give my power of attorney to Jane Brown to act as my Attorney on all matters
pertaining to the handling of my estate, finances, and investments. This Power of Attorney
is to remain in effect until another document revoking this instrument has been filed of
record thereby rendering this instrument null and void.
Date: Feb. 5, 1998 Name:
By:
Witness #1
Witness #2
}
State of California
ss.
County of ___________
On February 5, 1998, before me, John Doe, a notary public for the State of California,
personally appeared Bob Smith, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC SIGNATURE
NOTARY PUBLIC SEAL
NOTE: It is not acceptable to affix a notary public seal and signature to a document without
the notarial wording.
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