Instances When Notarization Should Be Declined
Several states have laws or rules that outline the circumstances under which a Notary can or must decline to provide notarial services.
For instance, in California, Notaries are obligated to reject notarization requests for incomplete documents. In Florida, Notaries must decline services if the signer seems mentally incapable of comprehending the document. Texas allows Notaries to refuse requests if the signer seems coerced, if the document is suspected to be intended for unlawful activities, if the signer lacks the capacity to understand the document, or if the request involves a notarization unfamiliar to the Notary.
Consult your state's Notary website, handbook, or one of the NNA’s Notary Law Primers for the specific guidelines you should adhere to.
Outlined below are the primary reasons for declining a notarization. Note that not all reasons apply in every state.
1. Disqualifications of Signer
This occurs when the signer fails to meet specific requirements for notarization, such as:
The signer is absent in person (unless it's a remote online notarization)
The signer cannot be adequately identified
The signer and the Notary do not share a common language
The signer refuses to swear or affirm the document's contents for notarizations that necessitate an oath or affirmation
You suspect that the signer is disoriented, confused, or lacks the mental capacity to sign documents
You suspect that the signer is being pressured to sign against their will
2. Disqualifications of Document
This occurs when the document fails to meet certain criteria, such as:
The document contains empty spaces or is missing pages
The document lacks a notarial certificate, and the signer is unable or unwilling to specify the required notarial certificate type
The signer requests certification of a duplicate of a vital record, like a birth certificate, which is not permitted
3. Disqualifications of Notary
There are instances where a conflict of interest compromises the Notary's neutrality, such as:
You are a signer of the document
You are directly involved in the transaction or have a financial stake in it
The signer is your family member
4. Other Disqualifying Circumstances
Here are various other situations where you should reject the request:
You suspect the transaction is fraudulent, illegal, or deceptive
The requested action is not an authorized notarial act
The signer is unable or unwilling to pay the required fee
The request is made outside your regular working hours
The request violates your workplace policies
Instances When Refusal Is Inappropriate
Generally, if a notarial act is legal, the Notary should not decline to perform it. Here are unsuitable reasons for refusing a notarization:
1. Refusals Based on Personal Biases or Beliefs
Signer Bias: Notaries should not reject notarizations based on personal views regarding the signer’s characteristics like nationality, religion, race, age, lifestyle, gender, or disabilities.
Controversial Documents: Notaries should not decline to notarize documents due to disagreement with their content on controversial topics like same-sex unions, assisted suicide, medical marijuana use, or abortion. Article I-A-4 of The Notary Public Code of Professional Responsibility states that Notaries should not refuse lawful and proper notarial acts “because of any disagreement with the statements or purpose of a document.” Even if a document's content clashes with personal beliefs, this is not grounds for refusal. Notarizing a document does not equate to personal endorsement; it signifies acting as an impartial witness and verifying the signer’s identity.
2. Legal Requirements vs. Best Practices
Differentiate between legal obligations and best practices. For instance, if a signer declines to provide a thumbprint, a Notary should not refuse the notarization solely for this reason — unless it is mandatory in the state for certain transactions (e.g., California). The same principle applies to signers who object to signing a journal in states where journal signatures are not obligatory.
Tips for Declining a Notarization
Refusing a notarization can lead to confrontations with dissatisfied signers who may feel inconvenienced or, in extreme cases, accuse you of discrimination. Stay composed and follow these best practices:
Be Diplomatic: Communicate with clients calmly and respectfully. Maintain professionalism and avoid engaging in debates with signers over refusals.
Provide Explanation: Clearly explain how the requested action violates the law and the potential consequences for both the signer and your Notary commission, including hefty penalties.
Record the Refusal: Document the refusal in your notarial journal, detailing the specific reason for the rejection, in case it is questioned later on.
留言