01/27/2019
Throughout human history, people have signed documents the same way: with pen and ink. Sometimes
they wrote out their names. Sometimes they made a
mark. But in the modern age, signatures can take on
many different forms: handwritten, signature stamp, a
digital certificate, a typed name on a pdf, a checked
box on your Amazon order and more. For Notaries,
this poses a 21st century challenge. Your task is to
verify that the signature on a document belongs to
the person who appears before you. But exactly
what constitutes a signature? What makes a signature acceptable? And how would you know whether
a symbol, a checked box or a typed name on a digital
document is a genuine signature?
In this edition of The National Notary, legal experts
Michael Closen and Timothy Reiniger answer the
question: What is a signature?
For all the technological advancements
of the 21st century, countless times a
day we still put pen to paper to sign our
names to all kinds of documents: from
credit card receipts to school permission slips to home purchases to laws
enacted by Congress.
The way we do this has not changed
much since humankind invented
writing and paper. People generally
sign paper documents in only a couple
of ways — by hand writing their name
on a document with pen and ink, or
by making a mark to represent their
signature. This can be
a symbol impressed in wax on a
paper document, or by drawing an
“X” by hand.
One of the most basic features of
every paper notarization is the signature, whether an individual signs in
front of the Notary or acknowledges
that the signature is his or hers.
Nevertheless, the signature can be
the source of much confusion,
mistaken notarial practice, and
possibly invalidate the notarization.
Signature Defined
Under the law in every state, a signature can be any mark or symbol
which the signer intends to serve as
her or his symbol to authenticate the
document. Thus, a signature can be a
handwritten name, a printed or typed
The Many Shades Of
name, or a symbol of some sort, such
as an “X” or a signature stamp.
For a notarization, as long as the
signature is either signed or acknowledged in front of you, it is acceptable
for notarization.
If the signer is physically unable or
hindered to write a signature, the
law will accommodate the signer in
one of two ways. However, before
addressing those two methods of
accommodation, we should emphasize that the signer is the one to
determine whether he or she is
unable to hand write a conventional
signature wishes to use an alternative. The law does not require it to be
impossible for the signer to handwrite a signature, nor does it require
you to demand proof of inability of
the signer to personally perform
the signing. Perhaps, the signer is
uncomfortable with physical signing
or has developed a shaky hand and is
embarrassed to personally attempt to
sign. It should be up to the signer to
choose the method for signing.
The signer should be permitted to
seek accommodation and allowed to
utilize one of two methods:
• Use a signature by a mark or
symbol, or
• Authorize a surrogate to execute a
signature on her or his behalf.
In either case, the signature can be
notarized.
Paper and Ink Signatures
THE NATIONAL NOTARY
SEPTEMBER 2018 12
Signature By Mark
Regarding a signature by mark or symbol, the classic example
is the handmade “X.” But, another mark or symbol can be
used, including the image from a signature stamp bearing
a facsimile of the signer’s signature or the printed name
of the signer (see “Signing By Signature Stamp” in the May
2018 edition of The National Notary).
In some jurisdictions, there is a specified procedure to
follow in conducting a notarization of a signature by mark,
such as the need for one or two witnesses and noting of the
use of a mark in the notarial certificate. In other jurisdictions, the notarization of a signature by mark is handled as
the notarization of any other signature.
In either case, you should prepare a detailed Notary
journal entry describing the circumstances regarding the
signing by mark.
Signature By Surrogate
For the use of a surrogate, there also are two possible
options. Some jurisdictions have Notary laws specifying
how to conduct the signing by a surrogate (perhaps by you
or another individual) and the notarization of the signature executed by the surrogate.
If the jurisdiction in question has no such law, you should
allow a third person to sign on behalf of the signer with the
signer’s consent and should fully note such circumstances
in both the notarial certificate and the journal entry.
Illegible Signatures
Everyone jokes about the unreadable signatures which
doctors scribble, but the truth is that many people’s signatures are illegible. And that’s OK because you should be
sure the signer’s name and signature are correctly recorded
— so we will be able to tell whose signature was affixed.
You should legibly write or print the signer’s
name in both the notarial certificate and the
journal entry (and will compare the name
and signature with those appearing on the
signer’s ID[s]). You also should require the
signer to place a present signature in the
journal entry for every type of document
notarization. This will give you three signatures or scribbles to compare. Hence, you
can exercise reasonable care in regard to the
signature issue, so an illegible signature is
not really a problem after all.
Originals v. Copies Of Signatures
On Paper Records
For signatures on paper documents, the
law has always required that only original signatures may be notarized. This
view coincides nicely with the prevailing
requirement for the document signer to be
physically in the presence of the Notary
during the notarization.
On the other hand, copies or photocopies of signatures
cannot be notarized. Thus, for example, you could not notarize a signature on a paper document when communicating
with a signer at another location by audio-video technology
if the original document were not in your possession. (Note:
Only Montana permits remote notarization of paper documents, but the document must be in the Notary’s possession.) Even if the signer were to sign a document on camera
in your view and immediately fax it to you, you could not
notarize it. The reason for this is that the signature received
by fax would be a copy — not the original.
Keep Compassion And Accommodation
In Mind
Remember, no mentally competent person should be denied
notarial service simply because he or she is either unable
to to write a traditional signature. If a competent individual
is unable to write a traditional ‘John Hancock’ signature,
there will always be a way to accommodate the individual
to permit the affixing of a signature that the law will
approve and that can then be notarized.
The savvy Notary who is careful and thorough should
never be surprised or confused by issues regarding signatures, especially if you undertake a diligent identification
of the signer and record the details of the notarization in
the notarial certificate and your journal.
