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Notarial Acts/Documentation

When a signer cannot physically write their name and executes a document via 'Signature by Mark', what is strictly required of the witnesses?

A

The witnesses must be personally known to the notary public and must sign the notary's sequential journal.

B

Only one witness is required, provided the notary public also signs the document as the second witness.

C

One witness must write the person's name next to the mark, and then both witnesses must sign their own names as witnesses on the document.

D

Two witnesses must identify the signer by presenting their own government-issued IDs to the notary.

Correct Answer

C. One witness must write the person's name next to the mark, and then both witnesses must sign their own names as witnesses on the document.

AI Explanation

Mechanics of witnessing a Signature by Mark. According to CA Civil Code § 14, a signature by mark must be witnessed by two persons who subscribe their own names on the document. Specifically, one witness must write the signer's name next to the mark. The notary does not identify the witnesses or have them sign the journal unless they are concurrently acting as 'credible witnesses' for identity establishment.

Notarial Acts/Documentation Question #13
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