Special Signers and Credible Witnesses Flashcards

What is a credible witness in the context of a notarization?

Answer: A person who personally knows the signer and swears to the signer's identity when the signer lacks acceptable ID

A credible witness is someone who knows the signer and, under oath, identifies the signer to the notary. This is an accepted identification method in many states when the signer has no valid ID.

In many states, a credible witness must meet which of the following requirements?

Answer: Have no financial or beneficial interest in the document being notarized

A credible witness must be impartial. Many states disqualify anyone who is a party to, or benefits from, the transaction.

A signer is physically unable to write their name but can make a mark, such as an X. How is this generally handled?

Answer: The signer may sign by mark, usually witnessed by one or two people who also sign, and the notary notes the procedure

Signature by mark is accepted in most states. Typically the mark is made in the presence of the notary and one or two witnesses, who print the signer's name beside the mark and sign as witnesses.

A signer cannot physically sign or even make a mark. Which option exists under the law of many states?

Answer: The signer may direct another person to sign on their behalf in the signer's and the notary's presence, following state-specific procedures

Several states permit a signer with a physical disability to direct a designated person to sign in the presence of the signer and the notary, with the notary noting the procedure on the certificate. The rules vary and must be followed precisely.

A signer does not speak English and the notary cannot communicate directly with them. What is the generally accepted rule?

Answer: The notary should not notarize unless the notary and signer can communicate directly, since the notary cannot verify willingness or understanding through a third party in most states

Most states expect the notary to communicate directly with the signer to confirm identity, willingness, and awareness. Relying on an interpreter is discouraged or prohibited because the notary cannot verify what is being translated.

A document presented for notarization is written in a language the notary cannot read. What should the notary consider?

Answer: Many states allow notarization if the notary can communicate with the signer and the notarial certificate itself is in a language the notary understands, though some states restrict this

The notary certifies the signature, not the content, so many states permit notarizing a foreign-language document provided the notary can communicate with the signer and complete a certificate in English or another language the notary reads.