Signature by Mark in California: Notary Rules When a Signer Cannot Write

Not every person who appears before a California notary can sign their name. Some signers have physical disabilities, injuries, or other conditions that prevent them from writing. California law accounts for this situation through a procedure called signature by mark. Under Civil Code Section 14, a person who cannot write their name may sign a document by making a mark, typically an "X." The mark carries the same legal weight as a written signature, but only if the notary follows a specific set of rules. These rules exist to protect both the signer and the integrity of the document. Getting the process wrong can invalidate the notarization and expose the notary to disciplinary action. Signature by mark questions appear regularly on the California notary exam. The rules are distinct from other notarial procedures, and the exam tests whether you know who needs to be present, what goes in the journal, and which identification requirements apply to each person involved.

A signature by mark is used only when a signer physically cannot write their name. This might include a person with a hand or arm injury, a person with a neurological condition that prevents writing, or someone who never learned to write. The key distinction is that the person is willing and mentally capable of signing but physically unable to produce a written signature. If the signer can write their name, even with difficulty, the standard signing process applies. And if the signer lacks the mental capacity to understand the document, the notary should refuse to notarize regardless of whether the person can write. A signature by mark is not a substitute for personal appearance. The signer must still appear before the notary in person, and the notary must still verify the signer's identity using satisfactory evidence under Civil Code Section 1185.

The signature by mark process under Civil Code Section 14 requires the following steps: 1. The signer appears before the notary in person. 2. The notary verifies the signer's identity using satisfactory evidence (an acceptable ID document, one credible witness, or two credible witnesses under Civil Code Section 1185). 3. The signer makes their mark (such as an "X") on the document in the appropriate signature line. 4. One of the two required witnesses writes the signer's name next to the mark on the document. 5. That same witness signs the document as a witness. 6. The second witness also signs the document as a witness. 7. The signer makes their mark in the notary's journal. 8. A witness writes the signer's name next to the mark in the journal and signs the journal as a witness. 9. The notary completes the appropriate notarial certificate (acknowledgment or jurat) and affixes the seal. Both the document and the journal must reflect the mark, the signer's written name (added by a witness), and the witness signatures. This creates a clear chain of verification connecting the mark to the identity of the signer.

Two witnesses must be present during a signature by mark. Their role is to observe the mark being made and to provide written confirmation of the signer's identity by writing the signer's name next to the mark. Here is the critical rule that the exam tests: the notary does NOT need to verify the identity of these two witnesses. They do not need to show ID, and they do not need to sign the notary's journal (unless there is a separate reason requiring it). The only exception is if the two witnesses are also serving as credible witnesses to establish the signer's identity under Civil Code Section 1185(b)(2). In that case, the notary must verify the witnesses' identities using acceptable ID documents, and both credible witnesses must sign the notary's journal. But those requirements come from the credible witness rules, not from the signature by mark rules. Keep these two roles separate in your mind: a mark witness verifies that the person made the mark. A credible witness verifies the signer's identity. Sometimes the same person fills both roles, and when that happens, both sets of rules apply.

The journal entry for a signature by mark follows the same general requirements as any other notarial act under Gov. Code Section 8206(a)(2). You must record the date, time, type of notarial act, character of the document, how identity was established, the ID details (type, issuing agency, serial number, and date of issue or expiration), and the fee charged. The additional requirement specific to signature by mark is that the signer must place their mark in the journal where a signature would normally go. A witness then writes the signer's name next to the mark in the journal and signs as a witness. If the document being notarized is one that requires a thumbprint in the journal (such as a deed, deed of trust, or power of attorney under Gov. Code Section 8206(a)(2)(G)), the thumbprint requirement still applies. Use the right thumbprint if available, then the left thumb, then any available finger. If the signer cannot provide any fingerprint, note the reason in the journal.

This is the area where exam questions try to trip you up. Here is exactly who needs to be identified and who does not: The signer (the person making the mark) MUST be identified using satisfactory evidence under Civil Code Section 1185. This is the same requirement as any other notarization. You can use an acceptable ID document, one credible witness the notary personally knows, or two credible witnesses. The two mark witnesses do NOT need to be identified by the notary. There is no requirement to check their IDs or record their identification information in the journal. If the same people are serving as both mark witnesses and credible witnesses, then yes, the notary must verify their identities. But the ID requirement comes from the credible witness process, not the signature by mark process. If the signer has a valid ID, you do not need to identify the two mark witnesses at all. This distinction matters because exam questions often present scenarios where the two witnesses have no ID. If the signer has acceptable identification, the answer is that the notarization can still proceed because the mark witnesses do not require ID verification.

Signature by mark appears on the California notary exam in several patterns. Here are the most common: Question pattern 1: How many witnesses are required for a signature by mark? The answer is two under Civil Code Section 14. Question pattern 2: Must the notary verify the identity of the mark witnesses? No, unless the witnesses are also acting as credible witnesses for the signer's identity. Question pattern 3: A signer makes a mark on a document. What must happen in the notary's journal? The signer must place the mark in the journal. A witness must write the signer's name next to the mark and sign the journal as a witness. Question pattern 4: Can a signature by mark be used if the signer has ID but cannot write? Yes. The inability to write does not prevent the signer from presenting ID. The notary verifies identity using the ID, and the signer makes a mark instead of signing. Question pattern 5: Does the signer still need to personally appear for a signature by mark? Yes. Personal appearance is always required for any notarial act in California, regardless of how the signature is made. Ready to start studying? NotaryExamPro has AI-powered practice questions, study guides, and an AI tutor built from the official handbook.