Signature By Mark

In the event a signer is unable to sign their name for any number of reasons, a "signature by mark, can be used in CA.  Two witnesses must observe the signer making the mark.   

• The client must appear before the notary in person. 
• The client must be aware of their actions, and be properly identified according to state law.  
• The two witnesses must also sign the document.   

The notary's primary function remains, to be a witness to the identity, the comprehension, and the intent of a person who is signing a document with an X.  The person signing the document by mark, does still go through the same identification process as any other signer, to meet the state requirement for satisfactory evidence.  Proper acceptable identification must be presented to the notary. When that isn’t possible, two credible witnesses must be present to vouch for the signer. 

The two witnesses to the signer’s mark, will sign their names as witnesses on the document. The first witness writes the signer’s name as well, next to the mark that was made.  Then proceeds to sign his or her name as Witness #1.  The second person signs as Witness #2.  By signing the document, the witnesses are only verifying that they saw the signer make a signature by mark. 

A notary public is not required to identify the two persons who witnessed the signing by mark or to have the two witnesses sign the notary public’s journal. Exception: If the witnesses were acting in the capacity of credible witnesses in establishing the identity of the person signing by mark, then the witnesses’ signatures must be entered in the notary public’s journal.

The signer by mark must include his or her mark in the notary public journal. To qualify as a signature, the making of the mark in the notary public journal, must be witnessed by an individual who must write the person’s name next to the mark and then sign his or her own name as a witness.