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Stamp signature

hey notaries Christian here with a new video and we've got to talk about a notaries legal battle over signing by signature stamp as a notary would you allow a client to use a signature stamp to sign their document well there was a notary who was surprised and unprepared to deal with this situation the notary simply allowed the notarization to proceed like any other notarization and while this seems like a very small simple mistake one major issue flourished from here this notary ultimately ended up having to defend herself against a million-dollar lawsuit while the case involved other notary issues as well it all started because of the signature stamp the argument was made by the party bringing the lawsuit that the signature must have been forged and in the case the impression of the signature stamp was of such high quality that it was nearly impossible to tell the signature had been stabbed rather than handwritten this particular case revolved around a number of issues including the definition of a signature special requirements for a signature by Mark and proper journal keeping practices what is a signature the legal definition of a signature and virtua is in virtually every state focused on the intention of the signer thus a signature is any writing mark or symbol intended by the signer to serve as his or her signature for the purpose of authenticating the instrument on which it appears the most common kind of signature is a standard handwritten John Hancock however a mark or symbol such as an image of a coat of arms or other graphic image that is drawn by hand stamped or embossed on to a document would constitute a signature if applied by its authorized user with the intent to serve as a signature for instance in ancient times members of the clergy the nobility and other persons of wealth often use the impressions of the unique images on their signet sign it rings as their signatures today the most common analogy is a handmade X and you do not have to be illiterate or physically in a right in order to adopt a X or symbol as a signature without question a signature stamp applied by the individual whose name appears on the stamp constitutes a signature in this case the signer lawfully signed the document ideally signers using a mark or symbol will have their names written by the mark on the document to inform other parties of the meaning of the mark as some state notary statutes require California what is a notaries responsibility in the state of California a signature by mark is something uncommon and this requires a notary to follow a specified procedure to validate such a signature the purpose of the extra steps is to help protect against possible forgery and fraud these steps require the notary to have one or two other witnesses observe the signature by mark to have the witnesses sign the document which designers signed as well as though one witness signature must be entered in the notaries journal by the witness that writes the signers name next to the signature by mark I do have a detailed video on signatures by mark which will be posted in the video description so I know the way I've like worded is here probably not the easiest to follow I mean it is like a procedure it's better if you just see an example of it drawn-out and I have that so I'm gonna go ahead and post the description to that video on signatures by mark so just in case you don't know how to complete that I do have a video that talks about exactly how to do that and it'll be in the description the video description alright guys I have a detailed video on signatures by mark which will be posted on the video description as a safety precaution I would record every official act in the journal even if not work required by California law any out of the ordinary event that occurs during a notarization should be noted in the journal as well this applies to a signature by mark without question a signature stamp applied by the individual whose name appears on the stamp constitutes a signature however I would personally not complete the notarization without a handwritten signature if the individual is not impaired and that's just me I would include the names and signatures of any witnesses also remember the journal entries should be signed by the document signer using the same mark of course so if you do happen to notarize someone that's using some type of mark maybe a stamp or I don't know something as their signature instead of a handwritten one be sure to collect that exact same signature in your book because obviously if you don't it's going to look kind of weird like well why'd you let them sign one way on the paper and then one way in your journal I mean if it's her signature it's their signature and they have to sign your book what however it is that they signed their signature so yeah if they use a snap on the paper put that stamp in the book the verdict in this case the state where the notarization took place required its notaries to take special procedure pros procedural steps when notarizing a signature executed by mark yet the notary had not taken any of those extra steps however the notary had kept a detailed journal entry and that entry identified the unusual circumstance of the signing of the document by a signature stamp as a result the notarization was valid fortunately the jury and judge agreed and the notary was exonerated but not before having to go to court and defend her actions at a great expense so the case was closed in the end and she was fine so that is great and she should have been because you know what like personally like I stated earlier I wouldn't like if they if they're not impaired with her hand and I've never had this situation come up never had anybody asked if they could get something notarized and not actually sign it unless they were impaired which case we would use a signature by mark but yeah no one's ever like popped out of stamp and said hey can I use this instead while they have perfectly working hands who it would be kind of cool though but because of the legality of it and the questions that might arise and not only that but the questions over my integrity would also arise I would just recommend that they sign with their hand you know it's like hey can you just please sign it how it appears on your ID because at the end of the day that's what we're supposed to be going by but then again if they do sign if that is their signature and that is their intention their intention is assigned something with that stamp then that signature is valid it's still signature regardless of the method used it's all about the intention but yeah like I said I would much rather just if they can handwrite it I actually sign it because yeah we don't want we don't want these uh we don't want to have to go to court to defend ourselves right it's a waste of time so but yeah fortunately it's never happened to me before I've never never had anybody asked me if they could use a stamp or something like that signature by mark yes that happens probably like if I do now I'm not gonna say like maybe like 2 out of 100 signings maybe that sounds about right maybe 5 out of 100 it's not really common but it does happen alright guys so that does it for this video go ahead and check out the video description for that signature bye mark video in case you need any case you don't know how to do it it teaches you alright see you guys in the next video