How to create a journal entry for a signature by mark signer & witnesses

 

This is an article that references how to create a notary journal entry for a signature by mark scenario in The Notary eJournal by Jurat inc.

What is a signature by mark?

When a person signs their signature by using a “mark” instead of their normal (original, usually longer) signature, this is considered a signature by mark.

David Thun from the National Notary Association says the following about what a signature by mark is, in this article titled “How to Handle 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”

Does a signature by mark have the same legal effect as a normal signature?

Yes, the mark is legally binding and has the same effect/power as a signature of normal length or capacity. View UCC 3-401 for more information on this

Under what circumstances will I encounter this as a notary?

Common examples of when you will encounter a signer who is making their signature by mark;

  • A signer who has decreased mobility due to age, illness or an accident that reduced their mobility.

  • A signer in a nursing home who may need help signing but otherwise be mentally aware of what is going on

Important - As a notary, you must always be aware of the signer’s cognitive state. It is your responsibility as a notary (and a public servant) to ensure that the signer is aware of the situation they are in, and that they are aware of the purpose of document they are signing. If you do not feel like the signer is mentally aware enough to be cognitive of the signing taking place, you should refuse to notarize the document or otherwise refer to your state notary law for guidance. Here is an article referencing how to notarize for the physically impaired.

How do I make a journal entry in the Notary eJournal for a signer who is using a mark?

Creating a journal entry for a signer who is using a mark and has witnesses to witness their mark will require a few extra/different pieces of information when compared to a normal notary journal entry;

  1. The mark of the signer

  2. The witness’s information

For each signature-by-mark witness, we allow you to capture the following pieces of information;

  • The address of the witness

  • The ID information of the witness

  • And the signature of the witness

Let's take a closer look at how this all works

Where does this take place in the Notary eJournal app?

The journal entry will being like normal, inputting your location in step 1, your signer’s information in step 2 and the document information in step 3. Capturing all relevant information for the signature-by-mark witnesses happens on step 4 of the app where you would normally collect signatures.

Reminder - We provide you with the ability to capture up to 2 signature-by-mark witnesses. Only 1 is required to move forward if you select the signature-by-mark workflow

For any signer who is signing by mark, click "Add signature-by-mark" under their name . You will then have them make their mark on the screen provided.

Important

This is a good time to remind you that state laws vary with regards to the legal requirement for journaling a signature-by-mark signer & witnesses. It may be required by law, or considered a best practice to have a witness write the signer's name next to their mark on the signature pad. If you choose to do that, make sure you instruct the signer and witness to leave enough room on the signature pad.

After the signer makes their mark, click "Save" and you will then be prompted to add information about the signature-by-mark witness or witnesses, which can include their address, their ID information and their signature. Once you have completed these steps, you've finished with the signature-by-mark workflow and can move forward in the app to complete the journal entry

Now that we have learned how to create a journal entry for someone performing a signature-by-mark, make sure to brush up on your state's laws to ensure you are compliant with all of their requirements