When a signer executes a document with a signature by mark, who must witness the mark?

When a signer executes a document with a signature by mark, it is essential for legal and verification purposes that the process is transparent and properly documented. The requirement for at least two witnesses in addition to the notary serves to ensure that there is an additional layer of authenticity and credibility to the act.

The signature by mark indicates that the signer is unable to provide a traditional signature, which can raise questions about intent and validity. Having two witnesses present helps to affirm that the signer is indeed the individual executing the document and understands the nature of what they are signing. The notary’s presence alongside these witnesses also acts to further validate the signing process, providing a safeguard against potential disputes or challenges related to the document later on.

Witnesses must typically be impartial individuals who can attest to the circumstances and the identity of the signer. This process protects all parties involved and upholds the integrity of the notarization process. In many jurisdictions, this requirement not only strengthens the legality of the document but also aligns with best practices for handling situations where a signer uses a mark instead of a conventional signature.