If a person, called the principal, has signed a document, but cannot personally appear before a notary public, another individual can appear on that principal's behalf to prove the execution by the principal. That person is called a subscribing witness. (Civil Code section 1195)
A proof of execution by a subscribing witness cannot be used in conjunction with any Power of Attorney, Deed of Trust, Mortgage, Security Agreement, Quitclaim Deed, Grant Deed document (other than a trustee's deed or deed of reconveyance), any instrument affecting real property, nor any document requiring a notary public to obtain a thumbprint in the notary public journal from the party signing the document.(Government Code section 27287, Civil Code section 1195)
As a reminder, certain documents affecting real property require that the notary record the thumbprint of the person signing the document in the notary public journal, which cannot be done through a subscribing witness.
The requirements for proof of execution by a subscribing witness are as follows:
The subscribing witness must prove (say under oath) that the person who signed the document as a party, the principal, is the person described in the document, and the subscribing witness personally knows the principal. (Civil Code section 1197)
The subscribing witness must say, under oath, that he or she either saw the principal sign the document or heard the principal acknowledge that he or she signed the document, and that the principal requested that the subscribing witness sign the document as witness and that the subscribing witness did so. (Code of Civil Procedure section 1935, Civil Code section 1195, Civil Code section 1197)
The notary public must establish the identity of the subscribing witness by the oath of a credible witness whom the notary personally knows and who personally knows the subscribing witness. The credible witness must also present to the notary public any identification document satisfying the requirements for satisfactory evidence as described in Civil Code section 1185(b)(3) or (4). (Civil Code section 1196)
The subscribing witness must sign the notary public’s official journal. The credible witness must sign the notary public's official journal or the notary public must record in the notary public's official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document. (Government Code section 8206(a)(2)(D))
Any certificate for proof of execution taken within this state must be in the exact form of certificate prescribed by California Civil Code section 1195 for proof of execution of an instrument. The certificate required to be used is:
Effective January 1, 2015, the following disclaimer must appear in a box at the top of the certificate, and the disclaimer must be legible: "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document."