The execution of an instrument is the subscribing and delivering it, with or without affixing a seal.
§ 1933.“Execution of instrument” defined
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 3. Private Writings · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1933 defines the execution of an instrument as the act of subscribing it and delivering it, and makes clear that affixing a seal is optional rather than a required part of executing a document.
Full Text of § 1933
Plain-English Summary
This section boils execution down to two acts: signing the instrument and handing it over. Subscribing without delivering isn't execution, and delivering an unsigned draft isn't either; both steps have to happen for a private writing to count as executed.
The section also settles a question Sections 1929 through 1932 raise but don't answer directly: whether a seal is required. It isn't. An instrument is executed the same way whether or not a seal gets affixed, which lines up with Section 1932's broader point that sealing no longer changes a writing's legal effect.
Frequently Asked Questions
What two acts make up execution of an instrument under this section?
Subscribing the instrument and delivering it.
Is a seal required to execute a private writing?
No. Section 1933 says execution happens with or without a seal.
If a document is signed but never delivered, has it been executed?
No. This section treats subscribing and delivering as both necessary; signing alone isn't enough.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: what is execution of an instrument californiasubscribing and delivering a document