A signature by mark takes the place of a full signature when the signer cannot write their full name. Although a full signature is the best way to seal a written contract and other notarized documents, there are many cases when that’s not possible.
Due to illiteracy, physical debility, or other issues, clients sometimes cannot sign their names. In this case, they make a mark that symbolizes their understanding and agreement with a document’s contents. This article from Nationwide Notary Bond Agency will cover ‘what is a mark’ and considerations for notarizing signatures by mark.
You’ll also learn how to get started with your mark notary training.
What Is a Mark?
According to the National Notary Association, a signature by mark is an “X,” or other symbol used when the signer cannot sign their full name. It could also be a stamp, thumbprint, or scribble. It requires two witnesses to qualify for proper notarization.
When you become a notary, it’s important to fully understand the nuances of this process, including what laws apply in your state.
Fundamentals of Notarization Remain the Same
A mark notary must take extra precautions when notarizing and recording the event in their journal. Here are a few things for a marks notary to keep in mind:
• The signer must appear before a notary in person.
• The notary must use the state rules to verify the signer’s identity.
• The notary should ensure the signer is ready and willing to sign the document.
• The journal entry should include the signer’s mark and witness signatures.
Learn more about the witness requirements for these unique signatures.
Signature by Mark Witness Requirements
There must be at least two witnesses who sign in person after witnessing the marking. Witnesses should not have a stake in the document’s execution. State laws vary, with some states requiring the notary or witness to print the signer’s full name beside the mark. Next, consider what to include in your journal entry for mark signatures.
What to Consider for Journal Entry
Like all transactions, you’ll record the mark notarization in your journal. Witnesses don’t need to know the signer or notary in most states personally. Additionally, mark witnesses don’t always require identification. Most states frown on the notary acting as a witness to the mark signature and notarizing the same document.
Notaries do not tell the signer where to sign. The issuing agency must handle the instructions.
Some State Considerations
It’s important to know the laws in your state, including those that govern signatures by mark. Therefore, reviewing your state’s laws and guidelines is essential before notarizing these transactions.
What are the laws in your state? Keep reading to find out.
Indiana, Pennsylvania, Maine, Texas, and Washington don’t have specific rules for marking versus signing a document. In these states, you can notarize the document whether someone uses a signature, scrawl, or mark. However, many states have additional requirements for this unusual document execution.
For example, North Carolina and South Carolina specify that the notary must personally witness the marking of a document. Otherwise, you cannot notarize the document. In Nebraska, the notary writes the signer’s name and notes the witnesses’ names and addresses.
Arizona, Arkansas, Illinois, California, and Oklahoma specify when you can notarize a signature by mark. In this case, it’s limited to those with a physical impairment or who cannot sign their full name for other reasons. (It’s typically used when conveying real estate in Oklahoma.)
Massachusetts, North Carolina, and Nebraska have rules for marking notaries. This requires specific training to understand and remain in compliance fully. For notaries in Florida, jurat certificates and statutory acknowledgments apply to a notarized mark.
Do you plan to practice in Illinois? If so, ensure you are familiar with the state’s acknowledgment certificate for those who cannot sign their full name. Hawaii’s rules say that your notarial certificate should specifically indicate mark signatures.
With the proper training, notaries can fully understand the rules as they apply in their states. This can prevent legal issues that could potentially jeopardize your license.
Can a Marks Notary Witness a Signature by Mark?
As a current or future notary, you may wonder if you can also witness a mark. While this is not prohibited in every state, it isn’t a good idea. As a notary, you’ll want to remain as objective as possible. So, avoid witnessing a signature by mark even if your state allows it.
Many states require witnesses with no interest or stake in the document. Still, others provide specific guidance on whether a notary can act as a witness. In general, if the state does not specify that notaries can witness a signature by mark, you should avoid doing so.
What About a Signature Stamp?
Stamped signatures also qualify as a signature by mark. State rules for notarizing signature stamps vary. In Indiana, Montana, New Hampshire, and Oregon, you can notarize stamped and written signatures. Nevada only allows notarized signature stamps for those with physical disabilities.
For New York notaries, a legal signature includes marks by stamp, and Minnesota permits signatures by stamp on notarized documents. By applying specific laws and notary supplies or erring on the side of precaution, you can avoid violating any of the provisions of your commission.
Best Marks Notary Training
The performance of notarial acts may prove challenging without sufficient training and understanding. Fortunately, the most reputable notary training programs make the process simple and easy to execute.
Nationwide Notary Bond Agency aims to prepare aspiring notaries for every possible situation, including a signature by mark. If you want to learn more about our training options, contact us anytime.
