Notary Exam Question #055
General Information / Proof of Execution by a Subscribing Witness
What are the requirements for proof of execution by a subscribing witness?
- The subscribing witness must be personally known to the notary public.
- The subscribing witness must present an identification document satisfying the requirements of Civil Code section 1185(b)(3) or (4).
- The subscribing witness must sign the notary public's official journal.
- The subscribing witness must prove the identity of the principal and their personal knowledge of the principal, state that they saw the principal sign the document or heard the principal acknowledge their signature, and confirm that the principal requested them to sign as a witness.
- The subscribing witness must be personally known to the notary public.
- The subscribing witness must present an identification document satisfying the requirements of Civil Code section 1185(b)(3) or (4).
- The subscribing witness must sign the notary public's official journal.
- The subscribing witness must prove the identity of the principal and their personal knowledge of the principal, state that they saw the principal sign the document or heard the principal acknowledge their signature, and confirm that the principal requested them to sign as a witness.
?
• The subscribing witness must prove (say under oath) that the person who signed the document as a party, the principal, is the person described in the document, and the subscribing witness personally knows the principal (Civil Code section 1197); and
• The subscribing witness must say, under oath, that the subscribing witness saw the principal sign the document or in the presence of the principal heard the principal acknowledge that the principal signed the document (Code of Civil Procedure section 1935 and Civil Code section 1197); and
• The subscribing witness must say, under oath, that the subscribing witness was requested by the principal to sign the document as a witness and that the subscribing witness did so (Code of Civil Procedure section 1935 and Civil Code section 1197); and
• The notary public must establish the identity of the subscribing witness by the oath of a credible witness whom the notary public personally knows and who personally knows the subscribing witness. The credible witness must also present to the notary public any identification document satisfying the requirements for satisfactory evidence as described in Civil Code section 1185(b)(3) or (4) (Civil Code section 1196); and
• The subscribing witness must sign the notary public’s official journal. The credible witness must sign the notary public’s official journal or the notary public must record in the notary public’s official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document. (Government Code section 8206(a)(2)(C) and (D))
• The subscribing witness must say, under oath, that the subscribing witness saw the principal sign the document or in the presence of the principal heard the principal acknowledge that the principal signed the document (Code of Civil Procedure section 1935 and Civil Code section 1197); and
• The subscribing witness must say, under oath, that the subscribing witness was requested by the principal to sign the document as a witness and that the subscribing witness did so (Code of Civil Procedure section 1935 and Civil Code section 1197); and
• The notary public must establish the identity of the subscribing witness by the oath of a credible witness whom the notary public personally knows and who personally knows the subscribing witness. The credible witness must also present to the notary public any identification document satisfying the requirements for satisfactory evidence as described in Civil Code section 1185(b)(3) or (4) (Civil Code section 1196); and
• The subscribing witness must sign the notary public’s official journal. The credible witness must sign the notary public’s official journal or the notary public must record in the notary public’s official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document. (Government Code section 8206(a)(2)(C) and (D))