Signing by Mark before a Notary

Back in the old days, fewer people were as literate as today. Signing by mark before a notary public was not uncommon when our nation was in its infancy. Although times have changed, and most people can read and write, notaries need to understand how to deal with someone who needs to sign by mark.

Illiteracy may not be the only reason someone needs to sign my mark. Perhaps the person has a disability, or some physical challenge that makes it impossible to affix a signature to document.

Regardless of the circumstances, anyone who wants to sign by mark should be allowed to do so. However, we recommend that the notary has two unbiased witnesses appear during the notarial certification process. This is to protect the notary. Furthermore, it is a good idea to record the events in your journal. To protect yourself, you may wish to secure Errors and Omissions Insurance.

Be Careful

In today’s litigious society, it is more important than ever to cover one’s bases. Plus, we need to be careful of potential fraud. As such, the notary needs to take special care to assure that the notarial process be completed with due diligence.  It is imperative that we exercise our duty as a public official without discrimination. That being said, we must exercise our obligations with respect to anyone who signs by mark before a notary. At the same time, we need to remain in compliance with our charged duty.

Different states may have varying laws regarding Signing by Mark. Be aware of you state’s laws in this area. This will help assure that you are fully compliant.

We offer several blog articles for notaries and those wishing to become a notary. Our online notary test preparation course is specific to New York State. To learn more about being a notary in New York, you can visit the New York Department of State website.

If you would like to read more articles, visit our blog page.

Also, the American Society of Notaries has a good article on signing by mark.

If you have a question on how to become a notary public in NY, feel free to email us.