Notarizing for a Person Who Signs by Mark

The Notary may be asked to notarize the signature of a person who signs with a mark. The person may have a physical disability which prohibits them from signing in the customary manner.

The Notary must:

■ Question the signer to make sure that they understand the nature and effect of the document to be signed. If the signer cannot read, the Notary will read the document to them. If the person does not understand, the Notary will refer him or her to an attorney for legal advice and will not proceed with the notarization.

The Notary will,

■ Ask for proper identification.

■ Perform the appropriate notarial act, administer an oath or take an acknowledgment.

■ Before the person signs the document, print his or her first name at the beginning of the signature line and the last name at the end of the line. Just below the line, print the words “His Mark” or “Her Mark”.

Then, ask the person to make his or her mark on the designated line.

■ Complete the notarial certificate with all the required information and to indicate that the person signed by way of mark.

■ Two neutral persons must witness the signing of the document and the notarization and that their names and addresses be clearly printed under their signatures.

■ the Notary will make appropriate comments in their journal.