Notary Public Handbook - California Page 15
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4813
GENERAL INFORMATION
NOTE: Paper identification cannot be used to establish the identity of the principal,
subscribing witness or credible witness. This is because the identity of the principal is
established by the oath of the subscribing witness who personally knows the principal.
The identity of the subscribing witness is established by the notary public’s personal
knowledge of the subscribing witness or the oath of a credible witness who personally
knows the subscribing witness. The identity of the credible witness is based on the personal
knowledge of the notary public.
The following scenario provides an example of how proof by a subscribing witness may be
used:
The principal, Wayne, needs to have his signature on a document notarized.
Wayne is in the hospital and, therefore, cannot appear before Sally, the Notary Public, in
order to get his signature notarized.
Brian, a longtime friend of Wayne, is at the hospital visiting Wayne. Wayne asks Brian to
sign the document as a Subscribing Witness and Brian does so. Wayne could have either signed
the document in Brian’s presence or have signed it prior to Brian’s arrival. If the document
was signed prior to Brian’s arrival, Wayne would need to acknowledge to Brian that he,
Wayne, had signed the document. Wayne gives the document to Brian to take to Sally, who
personally knows Brian.
Sally places Brian under oath. Under oath, Brian swears or affirms that he personally knows
Wayne, he saw Wayne sign the document (or heard Wayne acknowledge signing the
document), Wayne requested that he, Brian, sign as a witness and he, Brian, did so. Brian
signs Sally’s notary public journal as the subscribing witness. Sally completes the Proof of
Execution Certificate and attaches it to the document. She then completes her notary journal
entry. (Sally must identify Brian through personal knowledge. No paper identification is
permitted.) Brian takes the document back to Wayne.
Shown below is a suggested format for proof of execution by a subscribing witness (Civil
Code section 1195). Other formats with similar wording may also be acceptable.
}
State of California
ss.
County of _____________
On __________ (date), before me, the undersigned, a notary public for the state, personally
appeared _________________ (subscribing witness’s name), personally known to me
(or proved to me on the oath of _________________ [credible witness’s name], who is
personally known to me) to be the person whose name is subscribed to the within
instrument, as a witness thereto, who, being by me duly sworn, deposed and said that he/
she was present and saw/heard _________________ (name[s] of principal[s]), the same
person(s) described in and whose name(s) is/are subscribed to the within and annexed
instrument in his/her/their authorized capacity(ies) as (a) party (ies) thereto, execute or
acknowledge executing the same, and that said affiant subscribed his/her name to the
within instrument as a witness at the request of _________________ (name[s] of
principal[s]).
WITNESS my hand and official seal.
NOTARY PUBLIC SIGNATURE
NOTARY PUBLIC SEAL
NOTE: It is not acceptable to affix a notary public seal and signature to a document without
the notarial wording.
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