When to refuse a notarization

As a notary we are serving as an impartial witness and our job is to detect and deter fraudulent activity. Naturally this means there may be times when the notary have to (or should) refuse the notarization. However, when a notary refuse a notarization, it must be done with caution and without discrimination.

There are many situations in which a notary should refuse, some of those situations are clearer than others as to why. Some of the easier reasons include incomplete document contents, suspected fraud or illegal use of the documents and the signers appears to be under the influence or coerced.

• If the signer is not present (this doesn’t count for Remote Online Notarizations aka RON)

• The signer cannot be properly identified.

• The signer is unwilling to sweat or affirm the contents of the documents

• The document contains blank spaces

• The document doesn’t have a notarial certificate or does not know which certificate is needed

• The signer wants to certify a copy of a vital record

• The signing in any way goes against the notaries judgment.

• There is reason for the notary to believe that the signer is incapacitated, under the influence of drugs or alcohol,and the signers appears to be confused, disorients, or lacks the mental capacity to sign the document

• There is suspected fraud or the knowledge that the document will be used for fraudulent activities.

• The notary know or suspect the transaction is false, illegal, or deceptive

The notary can refuse to notarize if the requested act is not an authorized notarial act (Acknowledgment, Oath/Affirmation, Jurat, Copy Certification, Signature Witnessing)

• If the signer is unable or unwilling to pay your fee, you can also refuse.

Per the rules for notaries, the notary must notify the signer prior to the appointment of the transaction fee for acts/stamps and travel fee.

If the act is lawful, the notary should not refuse to notarize. The notary absolutely cannot refuse based on personal bias or beliefs; the notary cannot refuse to notarize a legitimate transaction if the notary simply don’t agree with it.

As a Notary it is important to know what the legal requirements of conducting business as a notary. If the state doesn’t require collection of specific information (like a thumbprint), then the notary cannot refuse notarization just because the signer refuses to provide the (not required) information.

The National Notary Association has some wonderful Tips for Refusing a Notarization.

1. Be Tactful (and respectful). Do not yell at your clients, and certainly do not call them names or berate them. Explain the legal requirements and why/how this/their specific situation doesn’t allow for you to complete the transaction. Most importantly make sure to remain professional.

Treat each situation as a referral connection. Even if you have to refuse this notarization, handling the situation tactfully and remaining respectful and professional, the client will remember and could still call you for future notarizations AND/OR refer you to people they know.

2. Explain Yourself. Believe it or not, there are many people out there who do not know what a notary is, or what they do. Unless someone has had to use a notary in the past, they wouldn’t have experience to draw off of. Equally as likely, they may have had an experience in the past with a notary that allowed an improper notarization (usually this happens if the notary is unaware of the rule, OR, it was a judgment call) and they will expect the same outcome.

If you run into this situation, remember tip one, and be tactful and respectful and explain to them (as a person equal to you) why it violates the rules (or law) and explain the ramifications to them, and to you if you were to proceed with the transaction.

3. Document the refusal. It is important to document the notarizations you complete. Why is this important? Should someone (Secretary of State or Attorney maybe) question the notarization or lack of later down the road, it is important you have documentation to back up your side of the story, especially for refusals dealing with judgment decisions. Be objective and detailed.

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Please remember that I am not a lawyer and cannot provide legal advice.