Question 22
Domain 3: Performing NotarialA California notary public is notarizing a document signed by mark for a signer who cannot write their name. The signer has been identified by satisfactory evidence. Two people witnessed the signer make the mark on the document and signed as witnesses, but they did not sign the notary's journal. Under the handbook, when is this acceptable?
Explanation
This is acceptable when the two document witnesses were only witnessing the signer make the mark and were not acting as credible witnesses to establish the signer's identity. For a signature by mark, the signer must be identified by satisfactory evidence, the mark on the document must be witnessed by two persons who subscribe their own names, and the signer by mark must place the mark in the notary journal with a witness writing the person's name next to the mark and signing as witness. The notary is not required to identify the two document witnesses or have them sign the journal unless they were acting as credible witnesses in establishing identity. — Civil Code sections 14 and 1185
Mark = 2 on the document, 1 in the journal, unless witnesses are also credible witnesses.