Key Takeaways
- For acknowledgments, signature may be made before appearing before notary
- For jurats, signature MUST be made in notary's presence
- Signers who cannot write may sign with a mark (X)
- Signature by mark requires witnesses
- The name signed should match the document and ID
Signature Requirements
When and how a document is signed depends on the type of notarial act being performed. Notaries must understand these requirements to avoid invalid notarizations.
Signature Timing by Act Type
| Notarial Act | Signature Timing |
|---|---|
| Acknowledgment | May be signed before OR during appearance |
| Jurat | MUST be signed in notary's presence |
Acknowledgment Signature Rules
For acknowledgments:
- Signer may have already signed the document
- OR signer may sign in front of the notary
- Key requirement: Signer must acknowledge their signature
Jurat Signature Rules
For jurats:
- Signer MUST sign in the notary's presence
- If document is pre-signed, signer must sign again
- Notary must watch the signing occur
Handling Pre-Signed Documents
| Situation | For Acknowledgment | For Jurat |
|---|---|---|
| Document already signed | OK to proceed | Signer must sign again |
| Need to re-sign | Optional | Required |
| Cross out old signature | Not necessary | Recommended |
Signature Name Requirements
The signature should match:
| Match With | Importance |
|---|---|
| Name on document | Must be the same person |
| Name on ID | Reasonable match required |
| Commissioned name (for notary) | Exactly as commissioned |
Name Variations
| Acceptable | May Cause Issues |
|---|---|
| John Smith = J. Smith | John Smith ≠ Jane Smith |
| Robert Jones = Bob Jones | Complete mismatch |
| María García = Maria Garcia | Foreign characters OK |
Signature by Mark
When a signer cannot write due to disability, illness, or illiteracy, they may sign with a mark (typically an "X").
Requirements for Signature by Mark
| Requirement | Details |
|---|---|
| Witnesses | May require witnesses depending on document |
| Notary observation | Notary must watch mark being made |
| Name notation | Signer's name should be written near mark |
| Identity verification | Still required as with any signer |
Signature by Mark Procedure
- Verify identity of the person signing by mark
- Have witnesses present if required
- Watch the signer make their mark
- Write the person's name near the mark
- Note in the certificate that signature was by mark
The Notary's Own Signature
The notary must sign their name:
- Exactly as commissioned on the certificate
- In ink (not pencil)
- After completing the notarial act
- Near their official seal
Name Matching for Notaries
| On Commission | Must Sign As |
|---|---|
| Jane A. Smith | Jane A. Smith |
| María García | María García |
| John Q. Public, Jr. | John Q. Public, Jr. |
Witnessing Signatures
In some situations, the notary may witness a signature without performing a notarial act:
| Role | What Notary Does |
|---|---|
| Notarial act | Identifies signer, performs act, applies seal |
| Witness only | Simply watches signature (no notarial duties) |
Note: Witnessing a signature is NOT the same as notarizing it. As a witness, the notary does not apply their seal or create a notarial certificate.
Electronic Signatures
For authorized Remote Online Notarizations:
| Aspect | Requirement |
|---|---|
| Signer's signature | Electronic signature applied digitally |
| Notary's signature | Electronic signature |
| Seal | Electronic seal |
Electronic signatures are covered in detail in Chapter 6 (Remote Online Notarization).
On the Exam
Key points about signatures:
- Acknowledgment: Signature may be pre-existing
- Jurat: Signature MUST be in notary's presence
- Signature by mark: Allowed for those who cannot write
- Name matching: Should match ID and document
- Notary signature: Exactly as commissioned
For which type of notarial act must the signer sign in the notary's presence?
A signer cannot write due to a physical disability. How should they sign?