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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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