What is the role of a notary when witnessing a "signature by mark"?

The role of a notary when witnessing a "signature by mark" primarily involves recording the identity of the signer. A signature by mark occurs when an individual is unable to write their name and instead uses a mark, such as an "X," to signify their consent or agreement in a document.

In this situation, it is essential for the notary to ensure that the identity of the signer is properly verified and documented. This helps maintain the integrity of the notarization process by confirming that the individual making the mark is indeed the person they claim to be. The notary may also note the circumstances surrounding the signing and may need to ensure that the mark is made in the presence of witnesses, depending on state laws.

While other options refer to aspects that a notary might consider, such as signing as a witness or verifying legality, the most critical responsibility in the context of witnessing a signature by mark is accurately recording and confirming the identity of the signer. In cases where someone uses a mark instead of a written signature, the notary's attentiveness to identity verification serves to protect against fraud and ensures that the document can be trusted as an authentic representation of the signer's intent.