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.

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 will be clear 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 and official guidelines before notarizing a signature by mark. In some cases, the requirements may appear outside your state’s Notary Public statute. For example, in California, the applicable provisions are found in Government Code Section 16, Civil Code Section 14, and Code of Civil Procedure Section 17(11). Pennsylvania’s provisions will be discussed further below.

The following information is not exhaustive but provides examples of how different state laws address signature by mark.

In some states, including Indiana, Maine and Texas, the Notary Public statute does not expressly differentiate between a signature and a mark. Unless other laws apply, 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 Public Reference Manual states that a Notary may notarize a thumbprint or an ‘X’ mark as a ‘signature’ or ‘subscription’, even when the signer is able to write and is not disabled.

Many other states, however, require a Notary to take additional steps when notarizing a signature by mark. For example, 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. Massachusetts, Missouri, Nebraska, and Rhode Island also require the Notary to write specific information, including the names and addresses of witnesses. Pennsylvania recommends that the name of the individual and the words “his/her mark” are printed or typed below the signature line.

Montana law requires another individual to write the marker’s name near the mark in addition to signing the document.

Arkansas, California, 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 which notarial acts must be performed when notarizing a signature by mark (acknowledgments and jurats are universally identified, with other acts varying based upon each state’s laws).

Florida has statutory acknowledgment and jurat certificate forms Notaries must use when a notarizing a mark, while Illinois has a statutory acknowledgment certificate. Hawaii’s Notary Public Manual simply states the notarial certificate for a signature by mark should reflect that the individual signed with a mark. Presumably in this case, a Notary would need to add a statement to the certificate to indicate the signature by mark.

What are the witness requirements for 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.

Under Pennsylvania’s Statutory Construction Act (1 Pa.C.S. 1991), a “signature” includes a mark only if it is accompanied by the signer’s name and witnessed by another person who signs their own name. Additionally, other Pennsylvania statutes impose certain requirements for specific documents, including, but not limited to, a will, trust instrument and power of attorney:

A testator signing a will by mark must do so in the presence of two witnesses, who must sign in the testator’s presence (20 Pa.C.S. 2502).
A settlor may sign a trust instrument by mark or by direction through another person, following the same rules as powers of attorney (20 Pa.C.S. 7732).
A principal’s mark on a power of attorney must be acknowledged before a Notary and witnessed by two adults who are not the agent, substitute signer, or Notary (20 Pa.C.S. 5601).

In Arizona and Montana, a single witness is required, but California, Illinois, Massachusetts, Missouri and Rhode Island 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.

North Dakota does not require witnesses, but the Secretary of State recommends having at least one present.

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 witnesses.

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 law (NRS 427A.755) 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).

Looking beyond the Notary Public statute and rules

Remember, there may be other places in your state’s laws where the requirements for a signature by a mark may be found. In some cases, state Notary handbooks and not the laws themselves provide the rules. If after checking these sources you still have questions, ask a licensed attorney.

David Thun is the Editorial Manager at the National Notary Association.

A guide for notarizing for physically impaired signers

149 Comments

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Lisa Readett

02 Sep 2025

What is the law for South Carolina?

National Notary Association

05 Sep 2025

In South 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” (SCC 26-1-90[F]).

June Siegel-Hill

28 Jun 2025

I've asked the Secretary of the commonwealth Notary Division for guidance on Signature by Mark. They have absolutely nothing to say, just like everything else I've called about in the last four years. And my state representatives don't give a damn either that our handbook is so lousy. I've written letters and have even spoken to Sec of State. What are the options for notaries who have no guidance as public servants?

30 Jun 2025

Hello. If your state does not provide statutory guidance or instructions for notarizing a signature by mark, you should not attempt to do so.

Tracy

02 May 2025

Deed for property in West Virginia; deed drafted in West Virginia for person living in memory care facility in hospice care, in Florida. Deed signed with signature mark of "X". Notary, who is also an employee of the memory care facility, failed to have witnesses and no jurat completed. Deed was subsequently sent back and recorded in West Virginia. Quiet title action filed as deed is invalid.

H. Phillips

21 Feb 2025

Can a signer use ‘X’ for signature in Maryland?

21 Apr 2025

In the state of Maryland, there is no specific law or regulation that governs the use of a signature by mark (such as signing with an “X”). Therefore, an individual’s signature may consist of any mark, symbol, or method they choose to demonstrate their intent to execute a document.

Martin Avila

16 Jan 2025

Hello, In CA, can I notarize a person’s stamped signature?

24 Feb 2025

Yes, but only when the person has a disability that keeps them from signing a regular signature. In order to use a stamp for the signature, the “signature by mark” requirements would have to be fulfilled as follows: “A person who cannot write his or her name still can acknowledge his or her signature on a document, or subscribe and swear to an affidavit, by making a mark. (California Civil Code section 14.) The notary public also must perform the following additional steps: • The signer can make a mark where his or her signature should be in the presence of the notary public or can acknowledge that the mark in the place for a signature is his or her mark. The mark may be a symbol, thumbprint, etc. • Two persons must observe the signer making his/her mark and they must sign their own names as witnesses on the document. One of the witnesses must write the signer's name next to his/her mark before signing his/her own name next to the signer's name.. • The signer by mark must include his or her mark in the notary public journal. To qualify as a signature, the making of the mark (in the notary public journal) must be witnessed by an individual; who must write the person’s name next to the mark and, then, sign his or her own name as a witness. • The witnesses are not identified and do not have to know the signer, they are verifying that they witnessed the mark. If the witnesses were acting in the capacity of credible witnesses in establishing the identity of the person signing by mark, then the witnesses’ signatures must be entered in the notary public public’s journal.”

Kevin H.

15 Nov 2024

The client is unable to write or hold a pen. In Oklahoma - can a thumb print be used as "a signature mark" on a will? Must "a signature by mark" on a will be witnessed in Oklahoma.

18 Nov 2024

Hello. We are very sorry, but we are not authorized to provide you with legal advice regarding the signature requirements for a last will and testament. Notaries must proceed carefully when asked to notarize a will, which can be invalidated by the slightest variance from strict statutory rules. A will should never be notarized if the testator is asking the Notary questions about how to proceed. Rather, the testator should be following authoritative legal instructions and a certificate or certificates must be provided for the Notary to complete. Notaries must never offer advice on how to execute a will because they could be held liable for a named beneficiary's failure to inherit assets if the will is improperly done and therefore invalidated. For more information, please see here: https://www.nationalnotary.org/knowledge-center/about-notaries/tips-tutorials/notarize-wills

Marilyn L. Cunningham

02 Oct 2024

That's for the updated information on the different types of witness, very informative.

Just to clarify, a signature by mark, such as an X, is accepted in the State of Texas after the Notary make sure the information contained in the notarial certificate is accurate.

04 Oct 2024

Hello. To clarify, a signer in Texas may sign with a mark such as 'X'; this is treated in the same way as signing with a full name. The Notary would notarize the 'X' in the same manner as a full written name signature.

claude@notarynearmeaustin.com

01 Oct 2024

The Texas notary primer says two witnesses are required for signature by mark, but this article says they are not. Which is correct?

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”).

Candace Mathews

30 Sep 2024

Hello from New Mexico. How to notarize a mark here? Thanks!

Hello. New Mexico has adopted the Revised Uniform Law on Notarial Acts (RULONA) and does not distinguish between a written signature and a mark. Please see the information on RULONA states in the section "What are the rules for notarizing a signature by mark?" in the article above.

Linda Simpson

Hello. What is the law for a mark in Colorado. Thank you

Hello. Colorado has adopted the Revised Uniform Law on Notarial Acts (RULONA) and does not distinguish between a written signature and a mark. Please see the information on RULONA states in the section "What are the rules for notarizing a signature by mark?" in the article above.

Peggy Kuhn

What about Pennsylvania? I just had this conversation with someone. They have a client that needs their mark witnessed and asked if I could notarize that I witnessed this.

Please see the section on Pennsylvania in "What are the rules for notarizing a signature by mark?" in the article above.

Sean Thomas

22 May 2024

When handling a signature by Mark in California I know there needs to be two witnesses but are they allowed witness if named in document or have any beneficial interest in it? From what I understand no, nor family members. Thank you

08 Nov 2024

Witness requirements are up to the signer, and the entity that will receive the document once it has been Notarized. Whether or not they are named in the document etc., cannot be determined by the Notary because that is giving legal advice.

Joseph Reese

27 Feb 2024

Does New Jersey allow signature by mark

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).

juan_godoy1978@yahoo.com

05 Feb 2024

California, Los Angeles County. Can I notarize a property title transfer using signature by Mark + 2 witnesses? Also, can witnesses be related to person to which title is being transferred to? Thank you and have a blessed day.

09 Apr 2024

Yes, the signature my mark process may be used for a property title transfer or any other document to be notarized.

Kathy Fifield

18 Jan 2024

I am a California notary. Can I act as a witness to a signature by mark? I understand two witnesses are needed, and that one witness must write the signor's name next to the mark on the document and also in the notary journal. NNA recommends recording both witnesses' names in the journal and having them sign. Since it's a recommendation and not required, can I act as a witness?

A Notary may not act as a signature by mark witness.

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 ?

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.

Henry Britton

05 Oct 2023

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

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]).

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

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

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.

29 Sep 2023

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

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

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]).

Jack Roditi

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

Toni

18 Sep 2023

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

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).

Adriana Rivera

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

Sheryl D. Armstrong

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.

William Harris

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?

28 Sep 2023

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

LYDIA MOORE

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

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).

glbirk

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??

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]).

Clifton Palmer McLendon

Can a Texas Notary notarize a stamped signature?

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”).

Cami

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."

Linda McLelland

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

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

Amanda

Anything for Minnesota?

“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]).

Sheri Warren

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

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”).

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.

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

13 Sep 2023

I didn't see Kansas what are their laws.

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.

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?

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.”

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?

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

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!

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.

Rachel

04 Aug 2023

In California, can the notary also be a witness?

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

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

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.

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.

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!!

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).

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?

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.

Joycelyn B

22 Oct 2022

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

24 Oct 2022

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

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?

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”).

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?

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.

Kristen

25 Aug 2022

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

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.

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?

“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)."

Kristina

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

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]).

Joanne Hillebert

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!

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]).

Kris

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

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

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

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

KIM

09 Apr 2022

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

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)

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?

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."

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.

18 Mar 2022

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.

26 Jan 2022

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

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?

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.

tim moran

12 May 2021

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

28 May 2021

kathy E Barrett

05 Apr 2021

How does a notary by mark work in Arizona?

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).

Roderick Miller

01 Sep 2020

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

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]).

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?

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

William Westerfield Tolbert

The article states no information about the State of Kentucky.

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).

Philip Berkner

What about a name stamp in the state of California?

04 Sep 2020

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

Victoria Chase

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

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

Brian kujawa

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

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.

Doris Barnhill

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

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

Julia Blevins

18 Jun 2020

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

26 Jun 2020

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

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?

22 Aug 2019

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

Vernita

15 Sep 2018

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

17 Sep 2018

Kari

12 Sep 2018

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

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.

Delia Granados

04 Sep 2018

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

05 Sep 2018

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

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.

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

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?

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?

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?

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).

Joel

26 Jun 2018

What is the rule in the rest of Ohio?

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.

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?

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

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