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Notary Tip: How to handle a signature by mark

A document with a signature in the shape of an X at the bottom left corner.

Updated 9-29-23. In the event your signer is unable to sign their name for any number of reasons, a "signature by mark," such as an X, may be used instead. Here's what you need to know.

What is a signature by mark?

A signature by mark is an alternative to writing a full signature. The signer instead makes a mark (such as an "X") or other symbols on the document. Under the laws of many states, a mark is considered a signature and is treated as such.

What are the rules for notarizing a signature by mark?

As you'll see in the discussion that follows, there are notable differences in how various states treat a signature by mark. It’s always important to consult your state’s laws, rules and official guidelines before notarizing a signature by mark. 

Some states, including Indiana, Maine, Texas, along with states that have adopted the Revised Uniform Law on Notarial Acts (RULONA) such as Pennsylvania and Washington, do not mention or differentiate between a signature and a mark. In these states, the way a signer signs their name is immaterial and the signature, mark or scrawl may be notarized without a Notary taking any additional steps. Arizona’s Notary manual states that a Notary can notarize a thumbprint or an ‘X’ mark as a ‘signature’ or ‘subscription’, even when the signer is able to write and is not disabled.

There are additional steps a Notary must take to notarize a signature by mark in many states. North Carolina and South Carolina require the Notary to write, "Mark affixed by (name of signer by mark) in presence of undersigned notary" below the mark on the document. Nebraska requires the Notary to write "Mark affixed by (name of signer by mark) in presence of (names and addresses of witnesses) and undersigned notary public." Montana law requires another individual to write the marker’s name near the mark in addition to signing the document.

ArkansasCalifornia, Illinois, and Oklahoma (for real estate conveyed or encumbered specifically in Oklahoma's case) limit the use of signatures by mark to persons who lack the ability to sign their name or who have a physical impairment or other condition that prevents it.

Massachusetts, North Carolina and Nebraska specify the types of notarial acts that must be performed on a signature by mark (acknowledgments and jurats are universally identified, and other acts depending upon the law of the state). Florida has statutory acknowledgment and jurat certificate forms for use when a Notary notarizes a mark. Illinois has an acknowledgment certificate for an individual who cannot write their name. Hawaii simply says the notarial certificate for a signature by mark should reflect that the individual signed with a mark.

What are the witness requirements for notarizing a signature by mark?

When notarizing a signature by mark, several states require one or more additional witnesses to be present when the mark is made. It is a common practice to have one of the witnesses print the signer's name next to the mark on the document, and the witnesses may be required to sign the Notary’s journal entry.

North Dakota does not require witnesses but recommends having at least one present. In Arizona and Montana, only a single witness is required, but California and Illinois require two. Arkansas requires at least one witness with no interest in the document. Florida, and Nebraska require two witnesses who must have no interest in the document being notarized.

May a Notary witness a signature by mark?

Another question comes up: in the states that require a witness, can a Notary serve as a witness and also notarize the mark? Some states require the witnesses to have no interest in the document and others do not provide specific guidance on this issue. Unless your state specifically says Notaries may also act as a witness to a signature by mark, Notaries should not also serve as a signature by mark witness.

What about a signature stamp?

Many Notaries have asked if they can notarize a person’s stamped signature. Indiana, Montana, New Hampshire and Oregon have statements in their Notary handbooks permitting Notaries to notarize a stamped signature used in place of a written signature. Nevada has a statute (NRS 426.257) that allows the use of a signature stamp if the signer is unable to write due to a physical disability. New York also has a statute that defines a signature as including a mark made by stamp (Gen. Constr L 46). Minnesota allows Notaries to notarize a signature made by a stamp (MS 645, Subd. 14).

David Thun is the Assistant Managing Editor with the National Notary Association.


Related Articles:

A guide for notarizing for physically impaired signers


View All: Best Practices

121 Comments

Add your comment

ED E. HARRIS

25 Jun 2018

The commesnts are confusing. "In Arizona and Montana, only a single witness is required, but California and Illinois require or recommend two." Which is it in California? Require or recommend?

National Notary Association

27 Jun 2018

Hello. California requires two witnesses present in order to notarize a signature by mark. (GC 16; see also CC 14 and CCP 17[a]).

Joel

26 Jun 2018

What is the rule in the rest of Ohio?

National Notary Association

27 Jun 2018

Hello. Notary applications and disciplinary procedures are handled separately in each county in Ohio by the county court of common pleas. For assistance with a specific county, we recommend contacting the local county clerk of the court of common pleas or the county bar association.

Michelle Riesenberg

05 Jul 2018

I am a notary in Iowa. I don't know that I have come across this situation before. Could you please tell me what this rule is for the state of Iowa, if there is a rule for it?

National Notary Association

05 Jul 2018

Hello. Iowa does not provide statutory guidelines for notarizing a signature by mark. However, a disabled signer unable to write their name may use the following procedure in Iowa: “If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (IC 9B.9).

Aqueela Bowie

17 Jul 2018

Can a notary witness signature mark by X and also notarize? I think not but please confirm. Also the statements above says winesses may be required to sign journal.....what does it depend on and should we obtain identification from the witnesses as well?

National Notary Association

18 Jul 2018

Hello. So that we can provide you with the correct information for your state, can you please tell us what state you are commissioned in?

Kristina

03 Sep 2018

Do DC, Maryland, or Virginia have any rules about this? I have always gone by the rule that the signature on the Driver’s License is the legal signature.

National Notary Association

05 Sep 2018

Hello. To the best of our knowledge, none of the three jurisdictions you mentioned provides guidelines for notarizing a signature by mark.

Delia Granados

04 Sep 2018

What are the requirements, if any, for notarize a person’s stamped signature in California?

National Notary Association

05 Sep 2018

Hello. Please see the information in the article above about the limits on use of a signature by mark in California.

Kari

12 Sep 2018

What are the requirements for notarizing a signature by mark in Michigan?

National Notary Association

12 Sep 2018

Hello Kari. According to the Michigan Secretary of State's website, a Notary may take the acknowledgment of a person who cannot sign his or her own name.Such a person should sign the instrument by marking an ‘X’ in the presence of two witnesses, one of whom may be a Notary.

Vernita

15 Sep 2018

Are there any rules that prohibit a Notary from taking a photograph of the person signing the document?

National Notary Association

17 Sep 2018

Hello. To help us answer your question can you please tell us what state you are commissioned in?

michaelanthonyforbes@gmail.com

21 Aug 2019

Attempt #2... Please don't erase it Mr Capcha... The form used for a signature by mark is shown in every video and every book but there is no mention of how the form is produced or what it is called. Do we draft it up ourselves?!?? Is it just the one form that is absent from all training materials? What's the big heavily guarded secret?

National Notary Association

22 Aug 2019

Hello. To help us answer your question can you please tell us what state you are commissioned in?

Julia Blevins

18 Jun 2020

What are the requirements for notarizing a signature by mark for the state of Virginia?

National Notary Association

26 Jun 2020

Hello. Virginia does not provide guidelines or instructions for notarizing a signature by mark.

Doris Barnhill

31 Aug 2020

What are the requirements for notarizing a signature in the state of New Jersey?

National Notary Association

01 Sep 2020

Hello. Guidelines for performing notarizations in New Jersey can be found in the state's Notary Public Manual: https://www.state.nj.us/treasury/revenue/pdf/NotaryPublicManual.pdf

Brian kujawa

31 Aug 2020

Does Illinois require one or two witness signatures when someone can only mark an. X

National Notary Association

01 Sep 2020

Hello. The Illinois Notary Public Handbook states that when notarizing a signature by mark, the Notary should ensure that there are two persons to witness the signature by mark in addition to yourself.

Victoria Chase

31 Aug 2020

I am not able to open the above information that relates to CA.

National Notary Association

01 Sep 2020

Hello. Can you please clarify what CA information you are unable to access in the article?

Philip Berkner

31 Aug 2020

What about a name stamp in the state of California?

National Notary Association

04 Sep 2020

Hello. California does not permit a signer to have a stamped signature notarized.

William Westerfield Tolbert

31 Aug 2020

The article states no information about the State of Kentucky.

National Notary Association

01 Sep 2020

Hello. Kentucky does not provide guidelines for notarizing a signature by mark in its Notary laws. However, the state does provide guidelines for notarizing a signature by proxy if a signer is unable to write: “If an individual is physically unable to sign a record, the individual may direct another individual, other than the notarial officer, to sign the individual’s name on the record by proxy, in the presence of two (2) witnesses unaffected by the record, one (1) of whom may be the individual who signs, by proxy, on behalf of the individual physically unable to sign. Both witnesses shall sign their own names beside the proxy signature, and the notarial officer shall insert ‘Signature affixed by (name of proxy signer) at the direction of (name of individual) and in the presence of (names and addresses of the two witnesses)’ or words of similar import” (KRS 423.335).

Norm Stutesman

31 Aug 2020

I've heard that Michigan's governor just passed a law that states that all notarizations must be done electronically. How is this possible?

National Notary Association

03 Sep 2020

Hello. That is not correct. While Michigan has enacted laws authorizing qualified Notaries to perform remote online notarizations (RON), there is no law in place requiring Michigan Notaries to perform all notarizations electronically. For more information, please see here: https://www.nationalnotary.org/knowledge-center/remote-online-notary/how-to-become-a-remote-online-notary/michigan

Roderick Miller

01 Sep 2020

Does Mississippi have guidelines or instructions for notarizing a signature by mark?

National Notary Association

01 Sep 2020

Hello. Yes: “A notary may certify the affixation of a signature by mark on a document presented for notarization if: “1. the mark is affixed in the presence of the notary and of 2 witnesses unaffected by the document; “2. both witnesses sign their own names beside the mark; “3. the notary writes below the mark: ‘Mark affixed by (name of signer by mark) in presence of (names and addresses of witnesses) and undersigned notary under [Rule 6.2]’; and “4. the notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing” (1 MAC Pt. 5, R. 050.5.1[C]).

kathy E Barrett

05 Apr 2021

How does a notary by mark work in Arizona?

National Notary Association

06 Apr 2021

Hello. “‘Signature’ or ‘subscription’ includes a mark, if a person cannot write, with the person’s name written near it and witnessed by a person who writes the person’s own name as witness” (ARS 1-215.36).

tim moran

12 May 2021

What are the requirements for a person signing a Power of Attorney in New York by mark.

National Notary Association

28 May 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

jsiegelhill@gmail.com

16 Dec 2021

I called the Hotline to ask if a Signature by Mark is allowed in VA and they said no. He also said that a Signature by Proxy is not allowed. However, I keep seeing sites online that say they are allowed. In fact, I'm seeing other notaries in VA advertise that they will do Signature by Mark. I'd like to confirm the information I received from the Hotline. And what kind of warning should the notaries get who advertise this in VA?

National Notary Association

13 Jan 2022

The state of Virginia does not have a law or a process for signatures by mark or signature by proxy. Additionally, they do not have a law that legally defines a signature. As such, a person’s signature can be in whatever format they wish it to be. Also, the recipient of the document should be contacted to see if they have internal policy regarding a signature by mark.

June

15 Jan 2022

I see above you said that Signature by Mark is not allowed in Virginia; however, it's in the NNA Primer. Where are you getting that information from? The Hotline also says it's not allowed. I'm confused now.

National Notary Association

26 Jan 2022

The state of Virginia does not have a law or a process for signatures by mark.

Patricia D. Jacobson at Law Office of Christopher A. Poulos

17 Mar 2022

I now work for Mr. Poulos since April 2020; I have personally known him for over 20 years. He's had a stroke and we need him to sign a gen'l POA during his recuperation giving his wife power and authority to handle matters - we did the Estate Planning docs but he didn't get them signed before this happened. If he signs his name to doc and my book, but it doesn't look clear, do I need 2 witnesses (it's not an "X"). Thank you.

National Notary Association

18 Mar 2022

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

L. Carman

03 Apr 2022

I didn't find anything in the New York State Notary laws specific to marking with an X. Does that mean it is okay to notarize the person's mark if you see them make it?

National Notary Association

02 Jun 2022

New York law does not have a procedure for signature by mark. NY GC Law Article 2, section 46 defines a signature as follows: "§ 46. Signature The term signature includes any memorandum, mark or sign, written, printed, stamped, photographed, engraved or otherwise placed upon any instrument or writing with intent to execute or authenticate such instrument or writing."

KIM

09 Apr 2022

Does IL allow the thumbprint to be used as a mark?

National Notary Association

19 Apr 2022

Hello. The Illinois Notary Public Handbook says the following regarding signatures by mark: “When an individual requests a notarial act and the individual is prevented by disability or illiteracy from writing a signature … take these precautions: positively identify the individual; ensure that there are two persons to witness the signature-by-mark in addition to yourself; write in the name of the signer-by-mark near the mark on the document; and complete this form” (NPH): State of Illinois County of _________ This instrument was acknowledged before me on _________ (date) by _________ (name of person), who made and acknowledged making his/her mark on the instrument in my presence and in the presence of two persons who have signed below. (SIGNATURE AND SEAL OF NOTARY) _________ (signature and address of witness) _________ (signature and address of witness)

sandra.ajuzia@yahoo.com

06 Jul 2022

I am a notary in Texas how should a notary in Texas notarize a signature by mark for individual and what if the individual is in a health care facility

National Notary Association

10 Aug 2022

Hello. In Texas, “‘Signed’ includes any symbol executed or adopted by a person with present intention to authenticate a writing” (GC 311.005[6]). “The individual signing the document may sign in whatever manner he/she chooses. The name or manner of signing by the signor is not the responsibility of the notary public. However, the notary public does have a responsibility to make sure that the information contained in the notarial certificate is accurate. For example, if John Doe appears before a notary public and signs the instrument with an ‘X’ the notary public should still state in the notarial certificate that John Doe personally appeared on a given date” (TX SOS website, “Frequently Asked Questions for Notaries Public”).

sandra.ajuzia@yahoo.com

06 Jul 2022

I am a notary in Texas I need to know if a texas notary can help people fill out or prepare immigration forms . Do i have to be an acredited or non acredited immigration representative to do this . how much can i charge for this service if it is allowed

National Notary Association

10 Aug 2022

Hello. Texas prohibits a Notary from claiming to have rights, powers, qualifications or privileges that the office of Notary Public does not provide, including the power to counsel on immigration matters; prohibits a nonattorney attorney from using the term notario or notario publico in an advertisement. For more information, please see here: https://www.nationalnotary.org/immigration/knowledge-center/state-immigration-consulting-rules

Kris

22 Aug 2022

Does Missouri require witness for Mark X Signature and Can a notary notarize a stamp signature.

National Notary Association

25 Aug 2022

“A notary may certify the affixation of a signature by mark by a principal on a document presented for notarization if: “(1) The mark is affixed in the presence of the notary and two witnesses disinterested in the document; “(2) Both witnesses sign their own names beside the mark; “(3) The notary writes below the mark: “Mark affixed by (name of signer by mark) in the presence of (names and addresses of two witnesses) and the undersigned notary pursuant to section 486.645, RSMo”; and “(4) The notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing” (RSMo 486.645.2)."

Joanne Hillebert

22 Aug 2022

Hello What are the rules in Tennessee for Signature by Mark? I’ve not had this situation yet and want to be prepared in case of this issue in the future. Thank you!

National Notary Association

26 Aug 2022

Hello. Tennessee does not have a separate procedure for notarizing a signature by mark: “‘Signature’ or ‘signed’ includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed” (TCA 1-3-105[30]). “‘Subscription’ includes a mark, the name being written near the mark and witnessed” (TCA 1-3- 105[32]).

Kristina

22 Aug 2022

What are the requirements for the states of Missouri and Kansas?

National Notary Association

25 Aug 2022

Hello. In Missouri: “A notary may certify the affixation of a signature by mark by a principal on a document presented for notarization if: “(1) The mark is affixed in the presence of the notary and two witnesses disinterested in the document; “(2) Both witnesses sign their own names beside the mark; “(3) The notary writes below the mark: “Mark affixed by (name of signer by mark) in the presence of (names and addresses of two witnesses) and the undersigned notary pursuant to section 486.645, RSMo”; and “(4) The notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing” (RSMo 486.645.2)." Kansas does not provide guidelines for notarizing a signature by mark, but does provide guidelines for a signature by proxy for a person unable to sign their name: “If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert: “Signature affixed by (name other than the individual) at the direction of (name of individual)” or similar words” (KSA 53-5a09[a]).

Lesley M

22 Aug 2022

What about the state of Missouri? I know iof someone who signs stuff with an X. How would I, as a notary, handle that?

National Notary Association

25 Aug 2022

“A notary may certify the affixation of a signature by mark by a principal on a document presented for notarization if: “(1) The mark is affixed in the presence of the notary and two witnesses disinterested in the document; “(2) Both witnesses sign their own names beside the mark; “(3) The notary writes below the mark: “Mark affixed by (name of signer by mark) in the presence of (names and addresses of two witnesses) and the undersigned notary pursuant to section 486.645, RSMo”; and “(4) The notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing” (RSMo 486.645.2)."

Kristen

25 Aug 2022

In Illinois, can the 2 witnesses be related to the signer?

National Notary Association

06 Oct 2022

Hello. The state only indicates that the witnesses should be two individuals apart from the Notary. As Notaries Public, we cannot advise on who can and cannot act as a witness. This would be the same as giving legal advice. Your client should seek advice from the ultimate recipient of the document or other trusted source.

VA Notary

13 Sep 2022

I think this is what confuses me. You stated above that VA does not have a law or process for Signature by Mark. What you mean is that a mark is allowed, but there is no clear way stated in the law for notarizing for someone in that case. Is that correct? They do state recommendations in the VA Primer, so is it safe to go with those? Also, the VA Handbook states absolutely nothing, which makes notaries think that Notary by Mark doesn't even exist in VA. Why does it not appear in the Handbook?

National Notary Association

06 Oct 2022

There is not law in VA that defines a signature by mark nor is there any law that indicates a procedure for it. That being the case, a signature in VA is whatever the signer is able to make, whether it is a standard signature or a signature made by a mark or other sign.

tasia wilson

14 Sep 2022

no information listed in the Alaska handbook on this subject. what are the procedures for signature by mark in Alaska?

National Notary Association

16 Sep 2022

“‘[S]ignature’ or ‘subscription’ includes the mark of a person who cannot write, with the name of that person written near the mark by a witness who writes the witness’s own name near the name of the person who cannot write; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names to the sworn statement (AS 01.10.060[12]). “When a physical handicap or illiteracy prevents a signer from writing his or her signature in the normal fashion, a mark (usually an ‘X’) may be used. This type of signature requires two witnesses in addition to the notary” (Lt. Governor's website, “Frequently Asked Questions”).

Joycelyn B

22 Oct 2022

Is there any update or changes on the Mark X in the state of NY?

National Notary Association

24 Oct 2022

Hello. We are not aware of any changes at this time.

Kennedy

30 Jan 2023

I am a CA notary. I need to perform a sign-by-mark notarization this week. I will have the client come in with their wife. Can the wife act as one of the witnesses? Or do I need two separate witnesses, presuming I (as the notary) cannot act as one?

National Notary Association

30 Jan 2023

Hello. California requires two witnesses present in order to notarize a signature by mark. (GC 16; see also CC 14 and CCP 17[a]). State rules do not specify if a spouse or the Notary can also act as one of the witnesses. The safest course would be to use two separate witnesses without a connection to the signer or the document.

nallely@notarialsigningsllc.com

21 Feb 2023

Hello!! I'm in Oklahoma and the statues and regulations here are not very detailed (I could not find a lot of information). If a person does signs by Mark does Oklahoma require witnesses? Can one of the witnesses be the notary public that will be notarizing the documents? Is the sign by Mark only allowed on real estate documents only or any documents? Thank you for the feedback!!

National Notary Association

27 Feb 2023

Hello. In Oklahoma, “When real estate is conveyed or encumbered by an instrument in writing by a person who cannot write his or her name, the person shall execute the same by a mark, and the person’s name shall be written near the mark by one of two persons who saw the mark made, who shall write their names on the instrument as witnesses. In case the instrument is acknowledged, then the officer taking the acknowledgment shall, in addition to the other necessary recitals in the acknowledgment, state that the grantor executed the instrument, by inserting in the form of acknowledgment provided in Section 33 of this title by individuals after the words ‘foregoing instrument’ the words ‘by the person’s mark, in my presence and in the presence of _________ and _________ as witnesses’” (16 OS 34).

Lipson Edmond

08 Mar 2023

It is very nice to know the regulations, but for some reasons if you don't go specifically to that state requirements.

Matjaz

25 Jul 2023

Dear sir/madam. Relative of mine got dementia and cannot sign a document SOCIAL SECURITY NO 0960-0049 asking for signature or mark of beneficiary. My question: is mark a written scribble, or maybe a fingerprint? TY Matt

National Notary Association

26 Jul 2023

Hello. If your relative is not mentally competent to sign a document, you will need to speak to an attorney to find out what alternatives are legally acceptable.

Rachel

04 Aug 2023

In California, can the notary also be a witness?

National Notary Association

09 Aug 2023

Hello. California does not have specific guidelines for Notaries also serving as document witnesses. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2018/05/notary-tip-requests-to-serve-as-a-document-witness

Ellie

29 Aug 2023

I have a question. According to Massachusetts law, MA does not require non-notary witnesses at all for all document acts: acknowledgement, jurat, or signature witnessing (According to the definitions set forth in MGL c.222 § 1 & the forms in MGL c.222 § 15 (b), (c), and (d)). The law consistently calls these acts "notarizing a signature or mark". However, witnesses are required when signing on behalf of someone or to "certify the affixation of a signature by mark" (MGL c.222 § 15 (f)) -- these are different words than used with the notarial acts. My first question, to confirm, are witnesses required for notarial acts? A plain reading of the law indicates they are not. Secondly, what is "certifying the affixixation of a signature by mark" -- the certifying appears to be a different threshhold and is not mentioned as a notarial act. Is this for if another state uses this terminology? Thank you!

National Notary Association

02 Oct 2023

The standards that you mention here are two separate situations. One is for a signature witness, the other is a witness for a signature by mark: 1) Regular signature witnesses are not required in all documents that have to be notarized. Whether or not a witness is required is up to the signer or the recipient of the document, and not up to the Notary. 2) Signature by mark is a form of signature that is done when the signer is unable to write their regular signature, so they use an “x” or other mark to sign. When a signature by mark occurs, two witnesses are required in order to proceed with the notarization.

Amberlyn Riecken

06 Sep 2023

I gather from this article that in Washington, an acknowledgment of a signature by mark does not require anything additional. Do I understand correctly? No special language and no witnesses are required, correct?

National Notary Association

08 Sep 2023

Hello. That's correct. In Washington state, a mark can be notarized in the same way as a written name with no additional requirements.

erica.goliszewski@gitc.com

08 Sep 2023

In Illinois, if a person is unable to "sign" their name, can they use a signature stamp and can I as a notary, notarize that "signature" or are they required to sign by mark and then i follow the procedures for the required witnesses to notarize that signature by mark?

National Notary Association

02 Oct 2023

A signature stamp can be used by someone who in unable to sign their them. When this occurs, the signature by mark procedure must be as follows: The signature stamp impression is considered a mark. When notarizing a signature by mark of an individual who is prevented by disability or illiteracy from writing a signature, the “Illinois Notary Public Handbook” instructs Notaries to “[t]ake these precautions: positively identify the individual; ensure that there are two persons to witness the signature-by-mark in addition to yourself; write in the name of the signer-by-mark near the mark on the document; and complete [the signature by mark notarial certificate] form.”

Henry Britton

13 Sep 2023

I didn't see Kansas what are their laws.

National Notary Association

15 Sep 2023

Hello. Kansas has adopted the Revised Uniform Law on Notarial Acts, and does not distinguish between a written name and a mark for signatures. The way a signer signs their name is immaterial and the signature, mark or scrawl may be notarized without a Notary taking any additional steps.

June Siegel-Hill

18 Sep 2023

Here's what's confusing about VIRGINIA. Neither the Virginia Handbook nor the Sections of the Code address Signature by Mark at all; however, I do see that the NNA Primer says the signer can make a mark and it's accepted as a signature. It also states that the NNA recommends that there be two witnesses and that they should sign the document. It also states that the notary should write out the marker's name beside the mark. When I called the NNA Hotline, they told me that one of the witnesses should write out their name beside the mark. Which one do you recommend? Also, I wrote a letter to my state delegate in VA saying that the VA Handbook needs to address this and give us guidelines so we don't have to guess at the law and procedures. Who would you recommend contacting? I've compiled a long list of items that are absent from our Handbook, and I feel this makes it dangerous for us notaries.

National Notary Association

13 Nov 2023

Since there is no law or procedure provided by the state of Virginia, a mark made by the singer is treated as a regular signature. The optional recommendation of writing the name of the signer near the mark can be done by either the Notary or one of the witnesses. You may wish to contact the Secretary of the Commonwealth regarding your list: Office of the Secretary of the Commonwealth Notary Public Division P.O. Box 1795 Richmond, VA 23218-1795 1-804-692-2536

Sheri Warren

18 Sep 2023

Hello. I'm a notary in Ohio. Do you know what the requirements are for notarizing a signature by "mark" in Ohio?

National Notary Association

19 Sep 2023

Hello. Ohio does not provide guidance regarding signatures by mark. If a person is physically unable to write their signature, Ohio provides the following guidelines for a signature by proxy: “An individual whose physical characteristics limit the individual’s ability to sign a document presented for notarization may direct a designated alternative signer to sign on the individual’s behalf, if all of the following are met: “(1) The individual clearly indicates, through oral, verbal, physical, electronic, or mechanical means, to the notary public the individual’s intent for the designated alternative signer to sign the individual’s name on the notarial document. “(2) Both the individual and the designated alternative signer provide satisfactory identification to the notary public. “(3) The designated alternative signer signs the document in the presence of the notary public. “(4) The designated alternative signer is not named in the document. “(5) The notarial certificate provided to the individual gives the name of the designated alternative signer and states that the document was signed under this section at the direction of the individual” (ORC 147.59[A]). “ORC 147.59 permits a designated alternative signer permitting someone to sign on the principal’s behalf if the principal clearly communicates to the notary public the intent for the designated signer to sign the individuals name on the document. Both the principal and designated signer must be satisfactorily identified by the notary public; the designated signer signs in the presence of the notary public; the designated signer is not named in the document; the notarial certificate provided to the principal gives the name of the designated signer and states that the document was signed under direction of the principal” (website, “Notary Information, Resources and FAQs”).

Amanda

18 Sep 2023

Anything for Minnesota?

National Notary Association

18 Sep 2023

“A notary public may certify as to the subscription or signature of an individual when it appears that the individual has a physical limitation that restricts the individual’s ability to sign by writing or making a mark, pursuant to the following: “(1) the name of an individual may be signed, or attached electronically in the case of an electronic record, by another individual other than the notary public at the direction and in the presence of the individual whose name is to be signed and in the presence of the notary public. The signature may be made by a rubber stamp facsimile of the person’s actual signature, mark, or a signature of the person’s name or mark made by another and adopted for all purposes of signature by the person with a physical limitation; and “(2) the words ‘Signature written by’ or ‘Signature attached by’ in the case of an electronic record, ‘(name of individual directed to sign or directed to attach) at the direction and in the presence of (name as signed) on whose behalf the signature was written’ or ‘attached electronically’ in the case of an electronic record, or words of substantially similar effect must appear under or near the signature” (MS 359.091[a]).

Linda McLelland

18 Sep 2023

I didn’t see Florida’s rule for signing with rubber stamp or another person signing for the signee.

National Notary Association

18 Sep 2023

Hello. Notarizing a signer's stamped signature is not permitted under Florida Notary law.

Cami

18 Sep 2023

This comment is just for informational purposes for California. Our law office just received a rejection notice from the Orange County Recorder for a deed that was signed by mark. They require that the following words are either typed or handwritten by the 'signature': "__________ (name of signee), being unable to write made his/her mark in our presence and required the first of the undersigned to write his/her name which he/she did, and we now subscribe our names as witnesses thereto."

Clifton Palmer McLendon

18 Sep 2023

Can a Texas Notary notarize a stamped signature?

National Notary Association

29 Sep 2023

In Texas, “‘Signed’ includes any symbol executed or adopted by a person with present intention to authenticate a writing” (GC 311.005[6]). “The individual signing the document may sign in whatever manner he/she chooses. The name or manner of signing by the signor is not the responsibility of the notary public. However, the notary public does have a responsibility to make sure that the information contained in the notarial certificate is accurate. For example, if John Doe appears before a notary public and signs the instrument with an ‘X’ the notary public should still state in the notarial certificate that John Doe personally appeared on a given date” (TX SOS website, “Frequently Asked Questions for Notaries Public”).

glbirk

18 Sep 2023

South Dakota doesn't really cover all the things that can come up, common sense tells me (I have done this) to get a witness that knows or sees the signers ID to observe the marking made and then notarize the witness' declaration that he/she observed the mark/signature??

National Notary Association

19 Sep 2023

Hello. In South Dakota, a mark may be notarized using the following procedure: “‘Signature or subscription’ includes mark, if the person cannot write, the person’s name being written near such mark, and written by a person who writes the person’s own name as a witness” (SDCL 2-14-2[25]).

LYDIA MOORE

18 Sep 2023

What are the 'by mark' guidelines in Nevada? Thank you.

National Notary Association

19 Sep 2023

Hello. In Nevada, “1. The signature of a party, when required to a written instrument, is equally valid if the party cannot write, if: “(a) The person makes his or her mark; “(b) The name of the person making the mark is written near it; and “(c) The mark is witnessed by a person who writes his or her own name as a witness. “2. In order that a signature by mark may be acknowledged or may serve as the signature to any sworn statement, it must be witnessed by two persons who must subscribe their own names as witnesses thereto” (NRS 52.305).

William Harris

18 Sep 2023

I see that you added that California requires 2 witnesses, I assume in addition to the notary, to verify a person who signs with a stamp. For an Acknowledgement, where do the witnesses sign, assuming that there is no place on the actual notarized document providing such a location? Can we just put their info and signature on the separate Acknowledgement document?

National Notary Association

28 Sep 2023

Hello. California law does not authorize Notaries or signers to use a signature stamp for notarizations.

Sheryl D. Armstrong

18 Sep 2023

Article: How to handle a signature with a mark (x) Many states with many rulings and specifics play a role in how a notary may do business as far as maybe there needs to be a witness or not or a specific detail described in writing for someone unable to perform a handwritten signing. We must always check the particular state that we reside in to verify and clarify what is acceptable. Writing a signature or making an "x" mark can be questionable at times. Thank you for the updated September 18, 2023 article with the details and variables of this matter. We want to be professional and proficient in our notarizations. Have a great day.

Adriana Rivera

18 Sep 2023

I need assistance with stamp ink for CA DMV License, acknowledgment, and date stamp. Can you help?

National Notary Association

19 Sep 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Toni

18 Sep 2023

What is the guideline for signing a mark in Wisconsin? Thank you…

National Notary Association

19 Sep 2023

Hello. Wisconsin does not provide guidelines for notarizing signatures by mark. However, the state does permit signatures by proxy for signers unable to physically write their names: “If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (WS 140.09).

Jack Roditi

19 Sep 2023

Since New Jersey was not mentioned, I take it that we do not have specific requirements?

National Notary Association

19 Sep 2023

Hello. In New Jersey, “'Sign' means, with present intent to authenticate or adopt a record: … [t]o execute or adopt a tangible symbol” (NJSA 52:7-10.1.l[1]). ““Signature' means a tangible symbol … that evidences the signing of a record” (NJSA 52:7-10.1.m). “For purposes [Title 46 “Property”], a signature includes any mark made on a document by a person who thereby intends to give legal effect to the document” (NJSA 46:14-4.2).

Raven M

19 Sep 2023

If someone signs their name as "X" or a symbol and they aren't disabled could his/her signature ("x") be notarized still? State: North Carolina

National Notary Association

26 Oct 2023

Hello. In North Carolina: “A notary may certify the affixation of a signature by mark on a record presented for notarization if: “1. The mark is affixed in the presence of the notary; “2. The notary writes below the mark: ‘Mark affixed by (name of signer by mark) in presence of undersigned notary’; and “3. The notary notarizes the signature by performing an acknowledgment, oath or affirmation, jurat, or verification or proof” (GS 10B-20[d]). “A person with a disability, as defined in G.S. 168A-3(7a), may use a registered signature facsimile as a proper mark of the person's legal signature. An example of the signature facsimile shall be registered by the person with a disability with the clerk of the superior court in the county where the person lives. The registered signature facsimile may be revoked at any time in writing by the person with a disability” (GS 22A-1). “Person with a disability. -- Any person who (i) has a physical or mental impairment which substantially limits one or more major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment. The following definitions apply in this subdivision: “a. Physical or mental impairment. -- Any of the following: “1. Any physiological disorder or abnormal condition, cosmetic disfigurement, or anatomical loss, caused by bodily injury, birth defect, or illness, affecting a body system, including, but not limited to, neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine. “2. Any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disability “‘Physical or mental impairment’ excludes (i) sexual preferences; (ii) active alcoholism or drug addiction or abuse; and (iii) any disorder, condition, or disfigurement which is temporary in nature, lasting six months or fewer, and leaving no residual impairment. A disorder, condition, or disfigurement that is episodic or in remission is a physical or mental impairment if it would substantially limit a major life activity when active” (GS 168A-3[7a]).

Tanya Brown

21 Sep 2023

AZ should be updated since the new handbook states that they can X mark as a signature even if they are not disabled and they do not need a witness to observe the signing.

National Notary Association

29 Sep 2023

Thank you for letting us know. We've updated the Arizona information in the article.

Henry Britton

05 Oct 2023

Do you have to be unable to write your signature to sign by mark?

National Notary Association

05 Oct 2023

Hello. It depends on your state. Can you please tell us what state you are located in?

Henry Britton

05 Oct 2023

As a response to the answer I received on my most recent comment I live in Kansas

National Notary Association

06 Oct 2023

Hello. As we responded previously, Kansas has adopted the Revised Uniform Law on Notarial Acts, and does not distinguish between a written name and a mark for signatures. The way a signer signs their name is immaterial and the signature, mark or scrawl may be notarized without a Notary taking any additional steps. If a signer is physically unable to write their name, Kansas provides the following guidelines for a signature by proxy: “If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert: “Signature affixed by (name other than the individual) at the direction of (name of individual)” or similar words” (KSA 53-5a09[a]).

jocelyn libaste

21 Nov 2023

if a person is capacitive can the notary person help to sign the document that the insurance wants to sign ?

National Notary Association

22 Nov 2023

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Joseph Reese

27 Feb 2024

Does New Jersey allow signature by mark

National Notary Association

29 Feb 2024

Hello. In New Jersey, “'Sign' means, with present intent to authenticate or adopt a record: … [t]o execute or adopt a tangible symbol” (NJSA 52:7-10.1.l[1]). ““Signature' means a tangible symbol … that evidences the signing of a record” (NJSA 52:7-10.1.m). “For purposes [Title 46 “Property”], a signature includes any mark made on a document by a person who thereby intends to give legal effect to the document” (NJSA 46:14-4.2).

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