Key Takeaways
- Signers using an alias or AKA must be identified by their legal name on the ID
- Signature by mark (X) is allowed when a person cannot write their signature
- Two witnesses should observe and sign when a signature by mark is used
- The notary must still identify the person even when they sign by mark
- Name variations between document and ID require careful handling
Special Identification Situations
Oregon notaries encounter situations that require special handling. Understanding these scenarios is important for proper practice and the exam.
Name Discrepancies
When the name on the document differs from the name on the ID:
| Situation | Approach |
|---|---|
| Maiden name vs. married name | Acceptable if person confirms both names |
| Nickname (Bob vs. Robert) | Acceptable with reasonable explanation |
| Typo in document | Person should correct before notarizing |
| Completely different name | Do not notarize without clarification |
Best Practice: The name signed should match or be a reasonable variation of the name on the ID.
Signature by Mark (X)
Some individuals cannot write their signature due to:
- Physical disability
- Illiteracy
- Injury
Signature by Mark Procedure
| Step | Action |
|---|---|
| 1 | Verify the person's identity (same as always) |
| 2 | Person makes their mark (X) on the document |
| 3 | Two witnesses observe the mark being made |
| 4 | Witnesses sign their names beside the mark |
| 5 | Complete notarial certificate |
Documentation for Signature by Mark
The notarial certificate should indicate:
- The mark was made in the notary's presence
- Witnesses observed and signed
- The signer was identified by (method)
Representative Capacity Signings
People sometimes sign on behalf of others in various capacities:
| Capacity | Example | ID Required |
|---|---|---|
| Power of Attorney (Agent) | Signing for incapacitated parent | Agent's ID |
| Corporate officer | Signing for corporation | Officer's ID |
| Trustee | Signing for trust | Trustee's ID |
| Guardian | Signing for minor/ward | Guardian's ID |
| Executor/Administrator | Signing for estate | Executor's ID |
Key Points for Representative Signings
- Verify the representative's identity (not the person they represent)
- The notary does NOT verify the authority to act
- Note the representative capacity in the certificate
- Do not advise whether someone has authority to sign
Foreign Language Documents
| Situation | What to Do |
|---|---|
| Document in foreign language | May notarize if notary understands certificate |
| Signer speaks foreign language | Must communicate about identity and willingness |
| ID in foreign language | Acceptable if from recognized country |
Important: The notary must be able to communicate with the signer to determine identity and willingness.
Elderly or Incapacitated Signers
| Red Flag | Action |
|---|---|
| Signer seems confused | Assess mental awareness |
| Signer doesn't understand document | May need to postpone |
| Someone speaking for the signer | Signer must confirm directly |
| Signs of coercion | Refuse to notarize |
The notary must be satisfied that the signer:
- Understands what they are signing
- Is acting voluntarily
- Is who they claim to be
On the Exam
- Name variations: Minor variations acceptable with explanation
- Signature by mark: Requires witnesses
- Representative signings: ID the representative, not who they represent
- Mental capacity: Signer must understand and be willing
A person cannot write and will sign a document with an "X" mark. What additional requirement applies?
An attorney presents documents to be signed by her client using power of attorney. Whose ID should you verify?