Posted by Do/Ca on 4/4/05 2:57pm
Msg #29554
subscriping witness
I'm in the process of studing to take the notary exam, can someone help. I understand there are 3 ways to notarize
1. personal knowledge
2. ID
3. subsciping witness.
My question is can I only notarize for someone I know personally?. If I do not know that person and if he has ID, does that mean I would only be able to notarize if I and the signer
personlally knows the subscriping witness? or is it that I need a subscriping witness only when someone I do not know comes to me w/ no ID?
thank you
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Reply by tj_CA on 4/4/05 3:15pm
Msg #29557
A subscribing witness is not used to ID a signer -- only in the event the Signer cannot appear before you (because they are in hospital for example).
One credible witness can be used to ID a signer IF that credible witness knows both the notary and the signer.
Two credible witnesses can be used if they both know the signer AND can provide valid ID to the notary of their identity (therefore they DO NOT need to know the notary personally). In this case, the credible witness(es) must also sign your journal.
In the case, of a subscribing witness -- the subscribing witness must personally know the Signer and the Notary -- No ID is ever used in the transaction.
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Reply by Do/Ca on 4/4/05 3:35pm
Msg #29564
Re: subscriping witness/tj/Ca
thanks, but still confuse , if a person comes to me that I do not know but has valid ID , can I notarize for them
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Reply by Jon on 4/4/05 4:13pm
Msg #29570
Re: subscriping witness/tj/Ca
Yes
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Reply by Tracy on 4/4/05 4:16pm
Msg #29571
SUBSCRIBING witness
Don't get confused...subscriBing witness, not "subscriping." 
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Reply by Anonymous on 4/4/05 5:24pm
Msg #29582
You can notarize for someone you know personally (meaning lifelong friend)
If you don't know them, they need an I.D.
If they don't have an I.D. you can use a (one) subscribing witness, but you must know that subscribing witness personally who knows both you and the person with no I.D. THe purpose of this is to form a link.
And finally, if you don't know the subscribing witness, you need to have to two subscribing witnesses both with I.D. to vouch for that person who wants you to notarize fo him/her paperwork.
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Reply by Ernest_CT on 4/4/05 5:40pm
Msg #29584
Important: Rules vary by state!
Notaries MUST check their own states' Manuals / Handbooks for rules that pertain to them!
CT, for example, does not allow a notary to accept any person not personally known to the notary to vouch for the identity of a third person. CA allows the statement of two people (with valid ID) to replace the ID requirement for a signer.
Know your own state's laws.
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Reply by Doris/CA on 4/4/05 5:44pm
Msg #29587
If you want to notorized something and you do not know this person.
Credible Witnesses may be used in lieu of proper identification.
If a document signer cannot provide proper identifications, the notary may use one or two Credible Witnesses.
Credible Witness rules require that if the notary does not personally know one Credible Witness, then two Credible Witnesses may be used who prove their identity to the notary. The Credible Witnesses must swear that they personally know the document signer.
If a notary uses Credible Witnesses, the notary must record the identifying information from the Credible Witnesses in the notary journal but Credible Witnesses do not sign the journal.
A Subscribing Witness is something else. It is use when someone cannot appear before a notary because of a illness or something like that. Do not confuse both.
I hope this is helping you.
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Reply by PAW_Fl on 4/4/05 8:39pm
Msg #29645
Be advised this topic is state specific ...
The Florida Notary Section receives frequent inquiries about "notarizing a person's signature by subscribing witness." Evidently, some notaries believe that it is permissible to notarize a signature when the person is not present if someone who witnessed the signing of the document appears before the notary and swears that the person actually signed the document. Some states, like California, do, in fact, allow such notarizations, but Florida does not. Misunderstanding may also stem from a section in Florida law that provides a method by which instruments concerning real property may be entitled to recording in Florida when the document signer cannot appear before a notary to acknowledge his or her signature. You may hear this procedure referred to as "proof of execution by subscribing witness."
Also, Florida does not allow the use of Two Credible Witnesses except in rare cases when it is extremely difficult or impossible for the signer to obtain valid ID as listed in the statutes.
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Reply by tj_CA on 4/5/05 12:27am
Msg #29675
Doris -- credible witnesses are required to sign the journal in the state of California:
"...then the journal shall contain the signature of the credible witness swearing
or affirming to the identity of the individual"
http://www.ss.ca.gov/business/notary/notary_2005hdbk.pdf
All of this information can be found in the California notary Handbook which is available on line at the link above.
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Reply by tj_CA on 4/5/05 12:29am
Msg #29677
In California Credible Witnesses Must Sign Journal
Doris -- credible witnesses are required to sign the journal in the state of California:
"...then the journal shall contain the signature of the credible witness swearing
or affirming to the identity of the individual"
http://www.ss.ca.gov/business/notary/notary_2005hdbk.pdf
All of this information can be found in the California notary Handbook which is available on line at the link above.
(sorry for the repeat)
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Reply by BarbaraL_CA on 4/4/05 6:59pm
Msg #29610
To anonymous..
You are confusing CREDIBLE witness with SUBSCRIBING witness.
In your answer... if you replace subscribing with credible, then you are right.
But in the way you described it, it is wrong.
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Reply by Do/CA on 4/4/05 10:54pm
Msg #29661
thank you so much for all the info provided
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