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PART 6 - Section 3
Refusing to
Notarize
There may be
times when you must refuse a request to notarize. 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; and
- 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 and is obviously incomplete
- 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 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
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