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Notarial Acts/Documentation

A signer cannot write their name and signs a document by mark (e.g., an 'X'). Two witnesses observe this and sign the document. Under what specific condition are these two witnesses REQUIRED to sign the notary's sequential journal?

A

They must always sign the journal when witnessing a mark.

B

Only if they are ALSO acting in the capacity of credible witnesses to establish the signer's identity.

C

Only if the document affects real property.

D

They are never permitted to sign the journal.

✓

Correct Answer

B. Only if they are ALSO acting in the capacity of credible witnesses to establish the signer's identity.

Detailed Explanation

Signature by Mark journal entries. A notary public is not required to identify the two persons who witnessed the signing by mark or to have them sign the journal. The ONLY exception is if those same witnesses are also acting as credible witnesses to identify the signer, in which case they must sign the journal or have their IDs recorded.

Notarial Acts/Documentation Question #138
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