Notary Responsibilities

A notary’s primary responsibility is to take necessary steps to verify a signer’s identity before notarizing a signature. A notary public may not notarize a signature unless the notary personally knows, or has satisfactory evidence, that the person whose signature is to be notarized is the individual who is described in and who is executing the instrument. There are three ways to verify a signer’s identity:

Personal Knowledge is the safest and best verification of a person’s identity. It requires no witnesses or identification cards. It means having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty.

Credible Witness is a third person that personally knows the document signer, and verifies the signer’s identity. (Credible witness is for the purpose of identifying people who do not have identification. This does not replace the "presence" requirement. The person whose signature is being notarized must be present at the time of notarization.)

Identification card or papers are necessary in verifying the signer's identity. The notary should examine the photograph, accurate physical description, and signature of the bearer. Asking for two forms of ID can further assure the signer’s identity.

If a notary is uncomfortable or suspicious of any identification, the notary should not notarize for that person.

Signing By Mark

On rare occasions, a notary public may have to notarize the signature of a person who signs by way of mark. The person may be illiterate or may have a physical disability which prohibits the person from signing in the customary manner. The notary laws do not require any additional procedures for notarizing in these situations. However, some notaries prefer to take extra precautions by using the guidelines below:

• Question the signer to make sure that they understand the nature and effect of the document to be signed. If the person is illiterate, read the document to him/her. If the person does not understand, do not notarize.
• Ask for proper identification.
• Perform the appropriate notarial act.

Before the person signs the document, print their name at the beginning of the signature line and the last name at the end of the line. Just below the line, print the words "His Mark" or "Her Mark."

• John X Doe
  "His Mark"

Then, ask the person to make his/her mark on the designated line.

Complete the notarial certificate. When filling in the person’s name whose signature is being notarized, the notary may want to indicate the person signed by way of mark.

It is also recommended that an uninterested person(s) witness the signing of the document and the notarization and that their names and addresses be clearly printed under their signatures.

Signing By Mark - Example of Acknowledgement and Jurat (74kb pdf)

Signing On Another's Behalf

A notary public may also be asked to notarize the signature of an individual with a disability who may direct another person to sign on their behalf. In a sense, one person substitutes their hands for the hands of the person with a disability. A notary public may notarize this signature, but should indicate the unusual circumstances in the notarial certificate. Although notary laws do not provide specific guidelines for this situation, the notary may want to take precautions to prevent any problems. The following guidelines may be helpful:

1. Question the person to make sure that they understand the nature and effect of the document to be signed. If the person is blind, read the entire document to them. If the person does not understand, do not notarize.
2. Ask for proper identification from the person with the disability. It is not necessary to require identification from the designated signer. Think of that person only as the "hands" of the person with the disability.
3. The designated person may then sign the signature of the person with the disability at the direction of and in the presence of that person.
4. Perform the appropriate notarial act. Your notarial act should be directed to the person with a disability, rather than the designated signer.
5. Complete the notarial certificate with the required information. When stating whose signature is being notarized, it would be best to indicate the special circumstances.
6. It is also recommended that a person(s), with no interest in the transaction, witness the signing of the document and the notarization and that the name and address be clearly printed below their signatures.

Signing On Another's Behalf - Example of Acknowledgement and Jurat (74kb pdf)