If you are a notary public in California, you have heard and learned a little about Proof of Execution By Subscribing Witness. You’ve heard a little about this notarization situation if you are a notary in many states. However, if you’re anything like me, as it doesn’t happen daily, the process and rules may seem like a small memory in a bank of foggy processes. I want to clear the air today and give you the power to expand your knowledge and business by offering this type of notarization option to your clients. 

So let's get into what Proof of Execution By Subscribing Witness is. It's pretty simple. It's just not a common appointment. 

If a signer, called the principal signer, has signed a document but cannot personally appear before the notary, another individual can appear on that principal’s behalf to prove the signing or (execution) by the principal. That other person is called the subscribing witness.

This process does not work for all documents that need to be notarized. A Proof of Execution by a Subscribing Witness cannot be used in conjunction with any Power of Attorney, Deed of Trust, Mortgage, Security Agreement, Quit Claim Deed, Grant Deed (other than a Trustee's Deed or Deed of Reconveyance), any instrument affecting real property, or any document requiring a notary public to obtain a thumbprint in the journal from the individual signing the document.

In California, the documents where the notary requires a thumbprint are:

• A power of attorney

• Deed

• Quitclaim deed

• Deed of trust

• Any other document affecting real property

To perform the Proof of Execution by Subscribing Witness, the following steps must be followed:

1. The subscribing witness must prove (under oath) that the person who signed the document as the principal is the person described in the document and that the subscribing witness personally knows the principal.

2. Under oath, the subscribing witness must say that they either saw the principal sign the document or heard the principal acknowledge that they signed it and that the principal requested that the subscribing witness sign the document as a witness and that the subscribing witness did so.

3. The notary public must establish the identity of the subscribing witness by the oath of a credible witness whom the notary 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.

4. 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.

This process is tricky because it requires a bunch of people. You can’t perform this notarization if the subscribing witness does not have a credible witness who knows you (the notary) and the subscribing witness. That is a key sticking point to this. California says the only way to identify the subscribing witness is with a credible witness and documentation that satisfies the notary's standards for satisfactory evidence of identity.

If all of those factors come together, then having the right notarization document will be helpful. The NNA  ( National Notary Association) has state-specific documents like this. You can order a 100-sheet book of these certificates for $20  Here.  If you don’t want to fork out $20 for a book of forms you may rarely use, if you are a member of NNA, you can download the form for free here.

So, there you have it. All you need to know about Proof of Execution by a Subscribing Witness. Is this something you’d like to offer to your clients? How could this work with all of these witnesses? Let me give you an example of a perfect situation:

You work closely with the J&J Law Group. As a notary, you often take signing appointments from them. You know most of the office staff you are part of their Friday night happy hour at the local sports bar. Monday morning, you get a call from one of the J’s of J&J, and they explain that they have a document that needs to be notarized; however, they are catching a flight at 2 am tomorrow morning. Guess what, friends- this is your perfect Proof of Execution by Subscribing Witness. You can instruct “J”  on what to do, and the next morning, you arrive to notarize the document that he signed. The receptionist is acting as the credible witness for the subscribing witness. Everyone has their I.D., you have the appropriate certificate, and it's taken care of.

Now, we won’t all have relationships with clients like this. But it's very possible in your community that you know more people than you think you do. However it works out, now you know your options. Grab that pack of certificates for when the right moments arise, and you will be a hero to your client and all involved.

I hope this post helps clear the air regarding the topic of Proof of Execution by a Subscribing Witness. Please don't hesitate to reach out if you have any feedback or questions.

Until next time- Go and grow your business!

Jennifer K. Cooper- JKC Mobile Notary