When to Refuse a Notarization

As a notary you are serving as an impartial witness and your job is to detect and deter fraudulent activity. Naturally this means there may be times when you have to (or should) refuse the notarization. However, when you 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, the signer 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 you to believe that the signer is incapacitated, under the influence of drugs or alcohol, or the signer 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.

• You know or suspect the transaction is false, illegal, or deceptive

You 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.

However, make sure that you notify them of the fee prior to them accepting the appointment, and they agree to it. Per the rules for notaries, you must notify the signer prior to the appointment of the transaction fee for acts/stamps and travel fee.  

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

As a Notary it is important to know what the legal requirements of conducting business as a notary. It is equally important to know best practices AND the difference between the two.  If your state doesn’t require collection of specific information (like a thumbprint), you 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.  

Simply Cy’s Input

Objectivity and your journal

The significance of your Notary Journal(s) is astronomical. Because of the nature of our job, the stamps we place on the documents tell everyone looking at it that WE personally verified the documents (signature, oath, witness). Remember it’s not the contents, but the lack of blank space, the valid and true identity of the signer, the impartiality of the notary, and more. These stamps will outlive us (yes, even when you are no longer a Notary Public). Some of these documents (if not most/all) will end up within the court system. We stamped a seal of approval verifying the transaction and signature was/is not fraudulent.

While the contents of our journals are exempt from being discoverable in a court of law, they can be requested by the Secretary of State. If someone raises concern over a notarization or judgement call it is important to document, WHY (for or against).

Staying objective gives us the best protection possible, especially when defending a judgment call. Here is an example of the difference between an objective description and a subjective one.

Situation: Jane needs a power of attorney notarized. Her daughter Sally makes the appointment with you to notarize. You will be meeting at the nursing facility where Jane lives, and Sally is meeting you there. You walk into the room as the CNA is giving Jane her meds for the afternoon, you hear the CNA tell Jane it’s time for her medications, Jane asks what meds they are and the CNA replies “your Tylenol and blood pressure medications, and your Norco”.  

Unfortunately, you cannot notarize for an individual who is under the influence, Norco is a pain medication which alters the judgment of the individual.

You need to record the refusal in your journal.

Objective entry: JD (initials) recently took a narcotic medication. Due to judgment influence notarization rescheduled.

Subjective entry: JD is high on narcotics.

Objective is facts only, subjective is feeling and assumptions.

I am not a lawyer and cannot give legal advice

I decided to start blogging to provide access to educational information to new and seasoned Notaries Public and Wedding Officiants and their clientele to improve service to each population.