California Notary Public Exam · Identification and Subscribing Witness Notarizations
Written by AI · Not yet reviewed by staffCalifornia Notary Public Exam Subscribing Witness Notarizations Summary
- Importance
- ★★★☆☆ (3 / 5)
- Weight
- About 1 of 4 Identification and Subscribing Witness Notarizations questions (30%)
How a subscribing witness proves that a principal signed, how the witness is identified, and which documents cannot be proved this way.
📖 See Subscribing Witness Notarizations concepts →Subscribing Witness Notarizations: must-know points
- A subscribing witness saw the principal sign (or heard the principal acknowledge the signature) and signed as a witness at the principal's request.
- The subscribing witness, not the principal, appears before the notary.
- The subscribing witness is identified by the oath of a credible witness who shows acceptable ID.
- Proofs may not be used for real property documents such as deeds of trust, or for powers of attorney.
Subscribing Witness Notarizations: 5 sample questions
Question 1. In a proof of execution, who personally appears before the notary?
- ① The principal who signed the document
- ② The subscribing witness
- ③ The person who wrote the document
- ④ The county recorder
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Answer: ② The subscribing witness
Key point: Proof: subscribing witness appears
In a proof of execution, the subscribing witness appears before the notary in place of the principal and swears that the principal signed the document.
Wrong choices
- The principal who signed the document: In a proof, the principal does not appear. That is the reason a proof is used.
- The person who wrote the document: The drafter does not need to appear.
- The county recorder: The county recorder has no role in a proof.
Question 2. Which statement correctly describes a subscribing witness?
- ① A credible witness who identifies a signer who has no ID
- ② Any person who knows the principal, even if not present at the signing
- ③ A notary who signs the document on the principal's behalf
- ④ A person who saw the principal sign, or heard the principal acknowledge the signature, and signed as a witness at the principal's request
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Answer: ④ A person who saw the principal sign, or heard the principal acknowledge the signature, and signed as a witness at the principal's request
Key point: Subscribing witness saw it and signed
A subscribing witness saw the principal sign the document, or heard the principal acknowledge the signature, and then signed the document as a witness at the principal's request.
Wrong choices
- A credible witness who identifies a signer who has no ID: That describes a credible witness, not a subscribing witness.
- Any person who knows the principal, even if not present at the signing: The subscribing witness must have seen the signing or heard the principal acknowledge it.
- A notary who signs the document on the principal's behalf: A notary may not sign for the principal.
Question 3. Which document may NOT be notarized by a proof of execution by a subscribing witness?
- ① A written agreement to rent a storage unit
- ② A letter stating a person's address
- ③ A deed of trust
- ④ A personal contract to sell a used car
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Answer: ③ A deed of trust
Key point: No proofs for deeds of trust
Proofs of execution may not be used for grant deeds, quitclaim deeds, deeds of trust, and other documents affecting real property, with narrow exceptions such as deeds of reconveyance.
Wrong choices
- A written agreement to rent a storage unit: This is not a real property document such as a deed.
- A letter stating a person's address: A simple letter that does not affect real property may be proved.
- A personal contract to sell a used car: A car sale contract is not a real property document.
Question 4. How must the notary identify a subscribing witness?
- ① By a phone call to the principal
- ② By the notary's personal knowledge of the subscribing witness
- ③ By the subscribing witness's own driver's license alone
- ④ By the oath of a credible witness who shows acceptable ID
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Answer: ④ By the oath of a credible witness who shows acceptable ID
Key point: Subscribing witness ID: credible witness oath
The identity of the subscribing witness is proven by the oath of a credible witness who shows acceptable identification. The notary may not rely on personal knowledge or on the subscribing witness's own ID alone.
Wrong choices
- By a phone call to the principal: A phone call does not prove identity.
- By the notary's personal knowledge of the subscribing witness: Personal knowledge is not allowed for this purpose.
- By the subscribing witness's own driver's license alone: The subscribing witness's own ID is not enough by itself.
Question 5. A principal in the hospital asks for her power of attorney to be notarized through a subscribing witness. What should the notary do?
- ① Accept, but skip the journal thumbprint
- ② Accept, if two subscribing witnesses appear
- ③ Decline, because a power of attorney may not be notarized by a proof of execution
- ④ Accept, if the subscribing witness shows a driver's license
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Answer: ③ Decline, because a power of attorney may not be notarized by a proof of execution
Key point: No proofs for powers of attorney
California does not allow proofs of execution for powers of attorney or for other documents that require a journal thumbprint. The principal must appear for an acknowledgment instead.
Wrong choices
- Accept, but skip the journal thumbprint: Skipping the thumbprint would add another violation.
- Accept, if two subscribing witnesses appear: More witnesses do not make a proof allowed for a power of attorney.
- Accept, if the subscribing witness shows a driver's license: Powers of attorney cannot be proved by a subscribing witness at all.
Test yourself.