Notary Public Exam Special Signers and Credible Witnesses — Questions and Answers
Question 1: What is a credible witness in the context of a notarization?
- A person who watches the signer sign for the notary's convenience
- A person who personally knows the signer and swears to the signer's identity when the signer lacks acceptable ID (Correct answer)
- A licensed private investigator
- Any relative of the signer
Correct 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.
When a signer cannot produce acceptable identification and is not personally known to the notary, many states allow identification through one or two credible witnesses. The witness must personally know the signer, must be identified to the notary by acceptable ID or personal knowledge, and must swear or affirm that the signer is who they claim to be. Requirements differ: some states require one witness the notary personally knows, or two witnesses who present ID; some require the witness to have no interest in the document. The notary records the witness's details in the journal.
Question 2: In many states, a credible witness must meet which of the following requirements?
- Be a licensed attorney
- Be over 65 years old
- Have no financial or beneficial interest in the document being notarized (Correct answer)
- Be the signer's spouse
Correct 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.
Because the credible witness substitutes for a government ID, the law demands that the witness be trustworthy and disinterested. Typical statutory requirements include that the witness personally knows the signer, reasonably believes the signer lacks other means of identification, is not named in and does not benefit from the document, and is identified to the notary either by personal knowledge or by acceptable ID. The witness takes an oath, and the notary should note the witness's name, identification, and signature in the journal where required.
Question 3: A signer is physically unable to write their name but can make a mark, such as an X. How is this generally handled?
- The notary must refuse
- The signer may sign by mark, usually witnessed by one or two people who also sign, and the notary notes the procedure (Correct answer)
- The notary signs the signer's name for them
- A family member signs instead
Correct 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 signature does not have to be a written name; any mark the signer intends as their signature can be valid. To guard against fraud, many states require that a signature by mark be witnessed by one or two individuals who sign the document (and sometimes the journal) and that someone print the signer's name near the mark, for example 'John Doe, his mark'. The signer still must be identified and must appear before the notary. The notary should record the witnesses' names in the journal and follow any state-specific certificate wording for signature by mark.
Question 4: A signer cannot physically sign or even make a mark. Which option exists under the law of many states?
- The notary may sign for them without any formality
- The signer may direct another person to sign on their behalf in the signer's and the notary's presence, following state-specific procedures (Correct answer)
- The document cannot be notarized under any circumstances
- The signer's doctor must sign
Correct 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.
Laws in a number of states allow a person who is physically unable to sign to direct another individual to sign the document on their behalf. The signing typically must happen in the presence of both the signer and the notary, the signer must clearly express the direction, and the notary must add a statement to the certificate explaining that the signature was made by another at the signer's direction. Some states also require disinterested witnesses. Because the procedure is state-specific and some states have no such provision, a notary must confirm the rule in their own state before proceeding.
Question 5: A signer does not speak English and the notary cannot communicate directly with them. What is the generally accepted rule?
- Use any bystander as an interpreter
- 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 (Correct answer)
- Notarize anyway because the document is in English
- Have the interpreter sign the document instead
Correct 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 notary must be satisfied that the signer is acting willingly and understands that they are signing. If the notary and signer share no common language, the notary cannot make that determination. Most state guidance directs the notary to decline and refer the signer to a notary who speaks the signer's language. Using an interpreter, especially one brought by the signer, creates a risk that the signer is being misled. A few states permit interpreters under specific conditions, but the safest and most widely accepted rule is direct communication.
Question 6: A document presented for notarization is written in a language the notary cannot read. What should the notary consider?
- Automatically refuse because all documents must be in English
- 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 (Correct answer)
- Translate the document first
- Notarize only if the signer promises the document is harmless
Correct 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.
Because the notary's role is to verify the signer's identity and willingness rather than the substance of the document, a foreign-language document is not automatically disqualified. The notary should be able to communicate directly with the signer, should identify the document's title if possible for the journal, and should complete the notarial certificate in English (or another language the notary reads and the state accepts). Some states prohibit notarizing documents the notary cannot read, so the notary must know local rules. The notary should never attempt to translate or explain the document.
Notary Public Exam Special Signers and Credible Witnesses
What is a credible witness in the context of a notarization?