Part 6, Section 4
Refusing to Notarize

Although not usually a common occurrence, there may be times when you must refuse a request to notarize.  Some of these situations are easy to deal with, while others are not.  There are two issues to keep in mind: 

• You are required to provide your notarial services to anyone who makes a lawful and proper request
   
• It is your duty to try to protect the public from fraudulent transactions

Some circumstances where you must refuse to notarize:

• The signer cannot provide acceptable proof of identity nor credible identifying witness(es)
   
• The document presented does not have a notarial certificate and the signer cannot ascertain which certificate is needed
   
• The signer does not appear before the notary
   
• The document presented has blank spaces
   
• You cannot communicate directly with the signer in a common language
   
• A signer refuses to place their thumbprint in your journal (in the circumstances when it is required by law) even though the signer is physically able to do so
   
• A signer refuses to sign your journal entry
   
• You are named in the document Government Code §8224
   
• You have a personal financial or other beneficial interest in the transaction, for example, if you stand to gain or benefit in any way as a result of the transaction. Government Code §8224

 Some circumstances where you must use your judgment:

• You are not sure if the signer can understand the transaction taking place
   
• The signer’s identification document appears that it might have been altered

One situation that comes up quite commonly is when you are asked to notarize a Will. Although it is not up to the notary to decide whether to notarize a will or not, a good rule of thumb is to advise the signer to seek the advice of an attorney. If an attorney recommends that the signature be notarized or if the maker of the will insists, there is no law preventing a notary public from notarizing the signature.

Of course you may never refuse to notarize a document or adjust the fees you normally charge simply due to your personal feelings about the signer’s nationality, race, religion, lifestyle, age, disability, or gender.  As notaries we serve all of the members of the public.
 

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