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When to say ‘no' … and when refusing a notarization is not allowed

  • When a Notary may refuse to notarize and when refusal is not allowed
    Notaries Public serve as impartial witnesses and have a duty to deter fraud. This means there are situations where they must refuse to notarize a document, but also circumstances where refusing would be inappropriate or even illegal.
    There are several situations where a notary may or must refuse to perform a notarization. These can include issues with the signer, such as inability to properly identify them or concerns about their capacity or willingness to sign. Document-related reasons include incomplete or suspicious documents. A notary must also refuse if there is a conflict of interest, such as being a party to the transaction or related to the signer. Other valid reasons for refusal may exist based on state law or specific circumstances. 
    However, notaries are public officials and cannot refuse a lawful request based on personal bias. Reasons like the signer's background or disagreeing with the document's content are not valid grounds for refusal. Refusal based on the signer's nationality, religion, race, age, lifestyle, gender, or disabilities is unlawful.

    Key points for notaries include upholding the law, consulting state resources, clearly explaining legal reasons for refusal, and documenting refusals in a journal.

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