California Notary Public ExamAcknowledgments and Proofs of ExecutionHard
A Notary Public is presented with a document for a proof of execution by subscribing witness. The subscribing witness states under oath that they witnessed the principal signer sign the document, but the principal signer is not present. What is a crucial element the Notary must ensure the subscribing witness can attest to?
- AThe subscribing witness must be personally known to the Notary.
- BThe subscribing witness must provide an acceptable form of identification for the principal signer.
- CThe subscribing witness must also be a party to the document.
- DThe subscribing witness must have known the principal signer and witnessed them sign or acknowledge their signature.
Show answer & explanationAnswer & explanation
Correct answer: D. The subscribing witness must have known the principal signer and witnessed them sign or acknowledge their signature.
For a proof of execution by subscribing witness, the witness must personally know the principal signer and must have either witnessed the principal sign the document or witnessed the principal acknowledge their signature to the witness. This personal knowledge and observation are crucial for the witness's testimony.
Why the other options are wrong
- A. The subscribing witness's identity must be verified by satisfactory evidence, but personal knowledge by the Notary is not a specific requirement for the witness's eligibility.
- B. The subscribing witness attests to the principal's signature; they do not provide ID for the principal to the Notary in this scenario (as the principal is not present). The Notary identifies the witness.
- C. A subscribing witness cannot be a party to the document; they must be disinterested.
Proof of Execution by Subscribing Witness Requirements
For a proof of execution, the subscribing witness must personally know the principal and must have witnessed the principal sign the document or acknowledge their signature to the witness.
- Principal signer is not present before the Notary.
- Witness must be identified by the Notary.
- Witness must take an oath/affirmation about the signing.
- Witness must be disinterested (not a party to the document).
Memory trick: Witness Saw, Witness Knew, Witness Swore.