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
3. 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.