Section 1, Module 1
In Progress

Signatures

A person must always sign their name as it is written within the document. For example, if the signer’s name is written as John Smith Doe in the document the signer must sign as John Smith Doe, not John S Doe or John Doe.

In some cases, someone will be unable to sign their name due to being illiterate or disabled. In these cases they can do a signature by mark and put an “X” for their signature in both the document and notarial journal. The notary then must indicate near the mark that it is the mark of that individual both on the document and in their notary journal (example: X “mark of John Doe”). In some cases two impartial witnesses may be required for a signature by mark. The notary should record the witness names and signatures in the notarial journal.

There are times that a person appearing before the notary is physically unable to sign or make a signature by mark on the document. In this situation the notary may, with the consent of the person, sign the name of the signer and write “Signature affixed by notary pursuant to section 456-19, Hawaii Revised Statutes” near the signature both on the document and in the notary journal. In some cases, two impartial witnesses may be required for a signature by notary. The notary should record the witness names and signatures in the notarial journal.

It is good practice to have at least one impartial witness for a signature by mark and signature by notary, even when not required.

HINT: Remember all of the signature requirements.

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