12.2 Procedure for Signature by Mark

The Procedure in Order

Signature by mark adds participants and a second witnessing step that trips up many candidates. California is unusually specific: the mark must be witnessed on both the document and in the notary journal. Follow the sequence precisely.

Step 1 — Establish Identity

The signer's inability to write never waives identification. Establish identity under Civil Code section 1185 by:

• Personal knowledge of the signer, OR
• Satisfactory evidence: an acceptable government photo ID, OR
• Credible witness identification (one credible witness personally known to the notary, or two credible witnesses identified by ID)

Step 2 — Arrange Two Mark Witnesses

Two disinterested witnesses must be present to observe the signing.

Exam Tip: The two mark witnesses are separate from any credible witnesses used for identification under Step 1. The same person cannot do both jobs — a favorite distractor on the exam.

Step 3 — The Signer Makes the Mark on the Document

1. The signer makes an "X" (or other intentional mark) on the signature line.
2. The mark must be made voluntarily, by the signer's own action.
3. The notary confirms the signer understands the document.
4. If the signer cannot make any mark at all, the notarization cannot proceed.

Step 4 — Witness the Mark on the Document

After the mark is made on the document:

1. One witness writes the signer's printed name next to the mark.
2. Both witnesses sign their own names on the document as witnesses to the mark.

The witnesses attest only that they observed the signer make the mark — not to the contents or the signer's understanding.

Step 5 — The Journal Mark (California's Extra Step)

This is the single most-missed requirement. California requires the signer to place the mark in the notary journal, and that journal mark must ITSELF be witnessed:

• The signer makes the mark in the journal.
• A witness writes the signer's name next to the journal mark and then signs his or her own name as a witness in the journal.

A mark alone in the journal is not enough; without the witness writing the name and signing beside it, the journal entry does not qualify as a signature.

Step 6 — Complete the Notarial Certificate

Complete the acknowledgment or jurat as usual. If the preprinted wording assumes a written signature, attach a loose certificate with wording that reflects a signature by mark.

Two Places, Two Witnessings — The Core Mental Model

The single idea that unlocks every signature-by-mark question is this: the mark must be made and witnessed in two separate places.

Many candidates remember the document step but forget the journal step entirely, or they record only the bare mark in the journal without the witnessing. Both omissions invalidate the entry. A useful memory hook: "mark it twice, witness it twice."

Worked Walkthrough

Mr. Alvarez, identified by his passport, cannot write after a hand injury. You seat two neighbors — neither named in the document, neither a beneficiary — as witnesses. Mr. Alvarez presses an "X" onto the signature line. Witness One prints "Manuel Alvarez" beside the X; both neighbors sign as witnesses on the document. You then turn to your journal: Mr. Alvarez presses an "X" in the signature column, Witness One prints "Manuel Alvarez" next to it and signs her own name. You record the date, time, document type, the satisfactory evidence (passport details), the fee, and a note that the signature was by mark.

Certificate completed — done correctly.

Who May Not Witness

Disinterested means free of any stake in the transaction. The following are disqualified as mark witnesses:

• Anyone named in or benefiting from the document (a grantee, an agent under the power of attorney, a beneficiary)
• The credible witness already used to establish identity in Step 1
• The notary (the notary supervises but is not a mark witness)

Common Mistakes

On the Exam

Expect 1–2 questions. Anchor these:

• Two disinterested mark witnesses, separate from identifying credible witnesses.
• Document: one witness writes the name beside the mark; both subscribe.
• Journal: the mark must be made AND witnessed there too — a witness writes the name and signs beside the journal mark.
• Identity and competence requirements never relax.