Signing With a Mark or Thumbprint Before a Notary

Yes. If you cannot write your name, you can usually sign before a notary with a mark, such as a cross, or a thumbprint. The notary checks you understand the document, often by having it read to you, watches you make the mark, and records it in the certificate. Some overseas documents want a thumbprint as well as a signature.

Key takeaways

• A mark made by a person who cannot write is generally treated as their signature, if it is made as their act and properly witnessed.
• The notary must be satisfied you understand the document; it is usually read to you first.
• The notary's certificate records that you signed by mark, and usually why.
• Some documents for use overseas, particularly in parts of South Asia, ask for a thumb impression in addition to a signature.
• A thumbprint on a document is not the same as a fingerprint check for a police clearance.
• For wills and some court documents, the rules on marks are strict; ask a solicitor.

Can you sign with a mark before a notary?

Generally, yes. A signature does not have to be your written name. What makes a mark a signature is that you make it yourself, as your own act, intending to be bound by the document, and that someone independent saw you do it. That is exactly the role of the witness, and a notary is a particularly careful witness.

People sign by mark for different reasons. Some never learned to write, or cannot write in the script the document uses. Some have a disability, an injury or a condition such as a tremor or arthritis that makes a written signature impossible. Some have had a stroke. In each case the approach is similar, but the notary needs to know the reason, because it affects both how they check understanding and what they write in the certificate.

Whether a particular receiving authority accepts a document signed by mark is its decision. Most accept a properly witnessed mark, but if the document is going overseas, ask the receiving authority, or its embassy or consulate in Australia, before the appointment. A few have their own form of words, or want an additional witness.

How does the notary deal with a mark?

First, understanding. If you cannot read the document, it is read to you in full, by the notary or someone independent, and the notary asks you questions to check you know what it does. If you can read but cannot write, the reading may not be needed, but the notary will still confirm you have read and understood it.

Second, the mark itself. You make it in front of the notary, in the signature space. Commonly the notary or the document writes your full name around the mark with words such as "his mark" or "her mark", so that anyone looking at it later can see whose mark it is. You should make the mark the same way on every page that needs one.

Third, the record. The notarial certificate normally records that you signed by making your mark, that the document was read over to you if it was, that you appeared to understand it, and that the mark was made in the notary's presence. The notary also records the act in their notarial register, which is kept permanently.

	Written signature	Mark (such as a cross)	Thumbprint
Who uses it	Most people	People who cannot write their name	Where a document asks for it, or instead of a mark
Understanding checked by	Your own reading	Reading aloud, questions	As for a signature or a mark
What the certificate records	That you signed	That you signed by mark, and why	That the impression is yours
Common overseas use	Everywhere	Accepted by most authorities	Often requested in parts of South Asia
Needs an ink pad?	No	No	Yes, bring or confirm one

Why do some overseas documents ask for a thumbprint?

In several countries, particularly in parts of South Asia, a thumb impression has long been used alongside or instead of a signature, and many official forms still have a box for one. Powers of attorney, property documents and declarations prepared for use in countries such as Nepal, India, Bangladesh or Pakistan sometimes ask for the signer's thumb impression, and occasionally for impressions of both thumbs, next to the signature or photograph. The practice varies by country, by office and by document, so follow what the document or the receiving office asks for.

When a document asks for both, you sign as usual and add the thumb impression where indicated, in front of the notary. The notary witnesses both and can refer to both in the certificate. The notary does not examine your fingerprint or compare it with anything; they confirm that the impression was made by you, in their presence. Our guides to notarising Nepali documents and notarising Indian documents cover those countries' documents more generally.

Thumb impressions need ink. Ask when you book whether the notary has an ink pad suitable for fingerprints, or bring one. A clear impression, rolled gently and not smudged, avoids the document being queried later.

Is a thumbprint the same as a fingerprint check?

No. A thumb impression on a power of attorney is a way of signing. A fingerprint check is a criminal record search, where a full set of fingerprints is taken on a special card or electronically and sent to a police agency, such as the FBI for a United States record check. Fingerprint checks are usually taken by police or by services accredited for that purpose, according to the rules of the agency doing the check. Our guide to criminal record checks and notaries explains where a notary does and does not fit in that process.

What about capacity and pressure?

Signing by mark says nothing about whether you have capacity. A notary assesses capacity in the same way for everyone: can you understand what the document does, weigh it up and communicate a decision? Our guide to capacity and duress checks explains how notaries approach this.

A person who cannot read or write does rely on others to tell them what documents say, and that makes them more exposed to being misled. So the notary will be careful about who reads the document, may prefer to read it themselves, and may ask to speak with you alone. If the notary is not satisfied that you understand the document or are acting freely, they may decline. That protects you, and it protects the document from a later challenge.

Are there special rules for wills and court documents?

Some documents have formal rules about signing by mark. Wills are the clearest example: a will signed by mark, particularly by someone who cannot read, often needs specific wording in the attestation clause to show it was read to the will-maker and that they understood it, and getting that wrong can cause problems when the will is proved. Powers of attorney and guardianship documents have witnessing rules that differ between states and territories. Court affidavits follow the court's own rules. For any of these, ask the solicitor preparing the document how they want it signed. Our guide to notarising a power of attorney covers the document people most often sign this way for overseas use.

What happens after the notary?

A document signed by mark or thumbprint goes through the same chain as any other. If the receiving country wants an apostille or authentication, DFAT certifies the notary's signature and seal; it does not examine the mark or the thumbprint. Check whether the country is a party to the Apostille Convention on the HCCH status table on the day. DFAT's page on documents it can legalise confirms that private documents such as powers of attorney can be legalised once notarised.

How do you prepare?

1. Tell the notary when you book. Say you will sign by mark or add a thumbprint, and why.
2. Check the receiving authority's requirements. Ask whether it has its own wording, or wants an extra witness.
3. Bring photo ID. Your passport is usually best for documents going overseas.
4. Bring the unsigned original. Every mark and impression must be made in front of the notary.
5. Confirm an ink pad if a thumb impression is needed.
6. Listen to or read the whole document. Ask questions until you are sure.
7. Make your mark or impression. The same way on every page that needs it.

Common mistakes to avoid

The most common mistake is making the mark or thumbprint at home, before the appointment. A notary can only witness what happens in front of them. The second is someone else writing the signer's name in the signature space without the mark, which looks like a forged signature. The third is a smudged thumb impression that the receiving office cannot read. The fourth is booking a notary to take a full set of fingerprints for a police check, which normally follows the checking agency's own rules.

Here is an illustration, not a real case.

Kamala never learned to read or write. She needs to sign a power of attorney, written in Nepali, for land in Nepal, and the document has boxes for her left and right thumb impressions. An independent interpreter reads the whole document to her in Nepali and interprets the notary's questions. Kamala makes both impressions in the notary's presence, using an ink pad she brought, and the certificate records how the document was read to her and that the impressions are hers.

In short

If you cannot write your name, you can usually sign before a notary with a mark or a thumbprint. The document is read or explained to you first, you make the mark in front of the notary, and the certificate records it. Some overseas documents ask for a thumb impression as well as a signature. A thumbprint on a document is not a fingerprint check. For wills and court documents, ask a solicitor. Our power of attorney and legal declarations page covers the documents most often signed this way.

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Need a document signed by mark or with a thumb impression? Tell us about the document and where it is going, and we will explain each step before you book.