Special Circumstances

There may be situations where a notary is asked to perform a notarial act for a principal who can only sign with a mark and not a complete signature, or who may not be able to make any mark at all. S.C. Code of Laws §26-1-90(F)-(H) provide procedures to follow in these situations.

In the case of a principal who is able to sign using a mark, the notary should use the following procedure:

1. The mark must be made in the presence of a notary;

2. The notary writes below the mark: ‘Mark affixed by (name of signer by mark) in presence of undersigned notary ;and

The notary notarizes the signature by performing an acknowledgement, oath or affirmation, jurat, or verification or proof.

In the case of a principal who is not able to sign at all, and who designates another person to sign on his or her behalf, the notary should use the following procedure:

1. The principal must direct the designee to sign in the presence of the notary and two witnesses who are either personally known to the notary or identified by satisfactory evidence, and who are unaffected by the record;

2. The designee signs the principal’s name in the presence of the principal, the notary, and the two witnesses;

3. Both witnesses sign their own names near the principal’s signature;

4. The notary writes below the principal’s signature: ‘Signature affixed by designee in the presence of (names and addresses of principal and witnesses)’; and 

5. The notary notarizes the signature through an acknowledgement, oath or affirmation, jurat, or verification or proof.

In the case of a principal who is not able to sign at all, and who directs the notary to sign on his or her behalf, the notary should use the following procedure:

1. The principal directs the notary to sign the record with two witnesses present who are unaffected by the record;

2. The notary signs the principal’s name in the presence of the principal and the witnesses;

3. Both witnesses sign their own names to the record near the principal’s signature;

4. The notary writes below the principal’s signature: ‘Signature affixed by the notary at the direction of (name of principal unable to sign or make a mark) and also in the presence of (names and addresses of witnesses)’; and

5. The notary notarizes the signature through an acknowledgement, oath or affirmation, jurat, or verification or proof.

If you have a special circumstance that is not listed here, please contact our notary service before booking at notary@brandology.pro.