Key Takeaways
- Two disinterested witnesses must observe the signer make the mark
- One witness writes the signer's name next to the mark
- Both witnesses sign their own names in the document and the journal
- The notary records the mark and witnesses in the journal entry
- Standard notarial procedures still apply (ID verification, oath if needed)
Procedure for Signature by Mark
The signature by mark procedure involves more participants and documentation than a standard notarization. Every step must be followed carefully to ensure the notarization is valid.
Step-by-Step Procedure
Step 1: Verify the Signer's Identity
The standard identity verification requirements still apply:
- Acceptable government-issued photo ID, OR
- Credible witness identification (one or two witnesses depending on type)
- The signer's inability to write does not waive ID requirements
Step 2: Arrange for Two Witnesses
Two disinterested witnesses must be present to observe the signing. These witnesses:
| Requirement | Details |
|---|---|
| Number | Exactly two witnesses required |
| Disinterested | Cannot benefit from or have interest in the document |
| Present | Must physically observe the signer make the mark |
| Sign | Must sign their names on both the document and the journal |
Exam Tip: The two witnesses for signature by mark are separate from any credible witnesses used for identification. A person cannot serve as both.
Step 3: The Signer Makes the Mark
- The signer makes an "X" or other mark on the signature line
- The mark must be made voluntarily by the signer
- The notary should confirm the signer understands the document
- If the signer cannot make any mark, the notarization cannot proceed
Step 4: Witness Documentation
After the mark is made:
- One witness writes the signer's name next to or near the mark
- Both witnesses sign their own names on the document near the mark
- The witnesses are attesting that they observed the signer make the mark
Step 5: Journal Entry
The notary's journal entry must include:
| Journal Element | What to Record |
|---|---|
| Type of mark | "X" or description of mark |
| Witness 1 | Full name and signature |
| Witness 2 | Full name and signature |
| Signer's name | As written by the witness |
| Reason for mark | Brief note (e.g., "physical disability") |
| Standard entries | Date, time, document type, ID used, etc. |
Both witnesses must also sign the notary's journal.
Step 6: Complete the Notarial Certificate
The notarial certificate (acknowledgment or jurat) is completed as normal, with any necessary adjustments to the wording to reflect the signature by mark.
Common Mistakes to Avoid
| Mistake | Why It's Wrong |
|---|---|
| Using only one witness | Two witnesses are always required |
| Letting witness make the mark for the signer | The signer must make their own mark |
| Not having witnesses sign the journal | Both witnesses must sign the journal |
| Skipping ID verification | Standard ID requirements still apply |
| Not noting the mark in the journal | The journal must document the mark |
On the Exam
Expect 1-2 questions on the signature by mark procedure. Key points:
- Two witnesses: Always required, must be disinterested
- Witness duties: One writes name, both sign document and journal
- Signer makes mark: Must be voluntary; no one can make it for them
- Journal: Must document the mark and both witnesses
How many witnesses are required for a signature by mark?
What must the witnesses do after the signer makes their mark?
Can a witness who is used to verify the signer's identity also serve as a witness for the mark?