Posted by Melanie Nicholson on 12/18/04 4:15pm
Msg #14042

Subscribing witness

Hi...I am a brand new notary and I'm not 100% sure about this: Can a subscribing witness for a principal signer ALSO be a principal signer on the same document in which he is the subscribing witness? Scenario: Document needs both husband & wife as signers. Wife signs at home with husband as witness. Husband brings document to notary as subscribing witness for wife. Husband then needs to sign document as principal himself. Is this OK?

Thank you!

Reply by PAW Notary Services on 12/18/04 4:30pm
Msg #14043

What state are you in? Some states do not even allow the use of a subscribing witness. Others have very strict laws on how it is to be used.

Notary laws are very state specific in many different aspects, so it would be extremely helpful if you would post your state with your name or create a profile and allow a link to it (the little orange boxes and underlined names is an indication that a profile exists).

Reply by Simone E. Lewis on 12/18/04 5:08pm
Msg #14046

Melanie
In California, in order to qualify as a subscribing witness, the witness most not have a financial interest or be name in the document being notarized. A subscribing witness must also be personally known the Notary Public. Hope this anwers your question.

Reply by Melanie Nicholson on 12/18/04 6:14pm
Msg #14054

I am in CA-- Thanks Simone.

Reply by Terri - CA on 12/19/04 2:15pm
Msg #14100

A subscribing witness my not be named in the document, but if the subscribing witness does not know a notary, a credible witness who knows both a notary and the subscribing witness may be used as identification for the subscribing witness. No id is presented by either the credible witness or the subscribing witness as there is personal knowledge from the notary to the credible witness and from the credible witness to the subscribing witness.

Melanie, I would think that a power of attorney would be the document of choice so that the husband could sign as attorney-in-fact for the wife. However, we are not attorneys and we cannot give that advice the husband, as it would be UPL :(