A Notary Public is presented with a document by a signer who is unable to sign due to a physical disability. The signer directs a third party (an 'attesting witness') to sign on their behalf. The Notary must then perform an acknowledgment. What is the correct procedure for the Notary to complete the acknowledgment certificate in this 'signature by mark' scenario?
- AThe acknowledgment certificate should state that the attesting witness signed the document.
- BThe Notary must perform a proof of execution by subscribing witness, not an acknowledgment.
- CThe acknowledgment certificate should state that the disabled signer personally appeared and acknowledged their signature by mark.
- DThe Notary should refuse the notarization because the principal did not physically sign the document.
Show answer & explanationAnswer & explanation
Correct answer: C. The acknowledgment certificate should state that the disabled signer personally appeared and acknowledged their signature by mark.
When a signer signs 'by mark' (which includes having another person sign at their direction due to physical inability), the Notary performs an acknowledgment for the principal signer. The certificate should reflect that the principal (disabled signer) personally appeared and acknowledged executing the document, even though another person physically made the mark/signature.
Why the other options are wrong
- A. The acknowledgment is for the principal signer, not the attesting witness. The witness's role is to attest to the mark/signature, not to be the acknowledging party.
- B. A proof of execution by subscribing witness is used when the principal signer is NOT present before the Notary and the subscribing witness attests to the principal's signature. Here, the principal IS present.
- D. Notaries can notarize 'signature by mark' documents, provided specific procedures are followed, including having two disinterested witnesses for the mark itself.
Acknowledgment for Signature by Mark
When a principal signs 'by mark' (including by proxy due to disability), the Notary performs an acknowledgment for the principal, certifying their personal appearance and acknowledgment of the document.
- Principal must personally appear before the Notary.
- Two disinterested witnesses are required for the mark itself (not the Notary).
- The acknowledgment certificate identifies the principal as the acknowledging party.
Memory trick: Mark My Words: Principal Acknowledges, Not the Pen Holder.