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The purpose of this section is to explain the procedures for a signature by mark.

Upon completion of this section, you will be able to describe:

(1)   What is a signature by mark
(2)   Requirements for when signer signs with a mark
(3)   Witnesses role
(4)   Where do witnesses sign
(5)   Witness identification
(6)   Notarial Wording

Signature by Mark Defined

The signature of a person who is unable to sign his/her name on an instrument. (Civil Code Section 14)

Requirements

Even if the person signing the document is unable to sign and must use a mark-like an “X”, 
like every other signer, the person signing the document must still be identified by the notary 
public either by personal knowledge or satisfactory evidence.(Civil Code Section 1185) (KS52-CC14)

In order to be notarized, the signer's mark must be witnessed by two persons.

Role of the Witness

1.    The witness must subscribe their own names ON THE DOCUMENT

2.    One witness should write the signer’s name by the mark as well.

3.    The witnesses are ONLY verifying that they saw the signer sign by mark.

Where Does the Witness Sign

  1.       Both witnesses sign the DOCUMENT

NOTARY IDENTIFICATION OF WITNESSES

The notary public is not required to identify the witness.  The two witnesses are NOT credible witnesses.

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