The wrong reasons to refuse a notarization

Updated 11-13-23. One of the toughest situations to handle is requests to notarize documents that go against your personal beliefs. While some Notaries want to refuse requests they find objectionable, remember that you are acting as a public official when performing a notarization.

Many states specifically define a Notary’s role as acting as an impartial, third-party witness, and some, such as California, prohibit Notaries from refusing lawful requests. The Florida Department of State offers guidelines for when Florida Notaries can refuse services. Texas permits refusing if the Notary has reason to believe the signer is coerced or unaware, that the document will be used for illegal purposes, or if the Notary is unfamiliar with the requested act. None of these three states permits refusing a notarization simply because the documents conflict with the Notary's personal beliefs or preferences.

Pennsylvania permits Notaries to refuse a notarization if the Notary is not satisfied that the principal signer is competent or has the capacity to execute the record; if the Notary is not satisfied the individual’s signature is knowingly and voluntarily made; if the signature on the document does not substantially conform to the signature on the signer's ID or if the signer's appearance does not substantially conform to the photo on the signer's ID. Pennsylvania also allows its Notaries to refuse a notarization unless the reason for refusal is prohibited by state law. The Pennsylvania Department of State website instructs Notaries not to refuse services based on a customer’s race, color, national origin, religion, sexual orientation, gender identity (including pregnancy), disability or marital status.

It’s important to avoid any practices that suggest bias or compromise your impartiality. While some might see refusing to notarize based on your personal principles as an appropriate gesture, it directly violates the principle of serving all members of the public equally.

Remember, your seal doesn’t equal personal endorsement or suggest that you agree with the content of a document. Your role is simply verifying the identity of a person signing a document.

As long as the document is lawful and there are no other factors — such as lack of satisfactory evidence of identification for the signer — you should perform the notarization. Like judges, impartiality is an integral part of the role of Notaries.

When to say 'No' ... and when refusing a notarization is not allowed

38 Comments

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Donna S

08 Jan 2024

My dad wants to take 2 witnesses to his bank to have his will notarized. The notary there said she won't sign if it says 'of sound mind' because she can't confirm if anyone is of sound mind. We argue that's not the notary's job - they only attest that the person is who he/she says they are at the signing. And it says that in writing on the notary certification page. What can we say to this notary to help her learn her job so she performs it? (State: Missouri)

National Notary Association

11 Jan 2024

Hello. Please see the article below forgeneral guidelines on Notaries determining a signer's awareness: https://www.nationalnotary.org/notary-bulletin/blog/2015/06/determining-signer-awareness Also, please see this page with information about notarization requests for last wills and testaments: https://www.nationalnotary.org/knowledge-center/about-notaries/tips-tutorials/notarize-wills

EAB

04 Dec 2023

Seller packages are being offered to Notaries at a fee that doesn't cover the gas to drive to the location or the printing, and scanback costs to get the package ready for signatures. I counter offer and some Notary Agencies accept my counter and some don't. That is when I turn assignments down.

Andrii Tereshchenko

There are companies that pray on unsophisticated signers and are currently sued by offices of Attorney General in many states. Companies that make small payment in return for a rights of future listing of house (or huge penalties), companies charging 40-50% for retrieval of excess funds in foreclosure process, resort share sales and debt settlement presentations (then notaries has to be a sales person/representative for a company). I avoid them and recommend others notaries to do the same. I consider those situations as “signer has no free willpower to sign”. I am not participating in deception/fraud by “sign here / sign here” common signing agent practice. (RCW 42.45.060 Refusal to perform notarial act. … (b) The individual's signature is knowingly and voluntarily made. (2) A notarial officer has the authority to refuse to perform a notarial act unless refusal is prohibited by law other than this chapter.)

Patricia

I am a notary. One time I needed a notary to sign my divorce documents. He refused because he didn't believe in divorce. I said "I don't either yet here I am" ... he refused.

Alexy Batista

31 Dec 2022

What are the rules for New Jersey for refusing a notarization?

10 Jan 2023

Specific Grounds: “A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: “(1) the individual executing the record is competent or has the capacity to execute the record; “(2) the individual’s signature is knowingly and voluntarily made; “(3) the individual’s signature on the record or statement substantially conforms to the signature on a form of identification used to determine the identity of the individual; or “(4) the physical appearance of the individual signing the record or statement substantially conforms to the photograph on a form of identification used to determine the identity of the individual” (52:7-10.17.a). General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than P.L.1979, c.460 (C.52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C.52:7-10.1 et al.)” (52:7-10.17.b). “A notarial officer may refuse to perform a notarial act, unless the individual presenting the record provides the officer with proof that refusal is prohibited by a State of New Jersey law other than N.J.S.A. 52:7-10 et seq.” (NJAC 17:50-1.17[b]).

dmartinez84@phs.org

20 Dec 2022

Can you send the rules for New Mexico

“A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: “(1) the individual executing the record is competent or has the capacity to execute the record; or “(2) the individual’s signature is knowingly and voluntarily made” (NMSA 14-14A-7.A). “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a state or federal law other than the Revised Uniform Law on Notarial Acts” (NMSA 14-14A-7.B).

J. Stoffer

NRS 240.065 Restrictions on powers of notary public; exceptions. 1. A notary public may not perform a notarial act if: (a) The notary public executed or is named in the instrument acknowledged, sworn to or witnessed or attested; (b) Except as otherwise provided in subsections 2 and 3, the notary public has or will receive directly from a transaction relating to the instrument or pleading a commission, fee, advantage, right, title, interest, property or other consideration in excess of the fee authorized pursuant to NRS 240.100 for the notarial act; (c) The notary public and the person whose signature is to be acknowledged, sworn to or witnessed or attested are domestic partners; or (d) The person whose signature is to be acknowledged, sworn to or witnessed or attested is a relative of the domestic partner of the notary public or a relative of the notary public by marriage or consanguinity. 2. A notary public who is an attorney licensed to practice law in this State may perform a notarial act on an instrument or pleading if the notary public has or will receive directly from a transaction relating to the instrument or pleading a fee for providing legal services in excess of the fee authorized pursuant to NRS 240.100 for the notarial act. 3. A notary public who is registered to engage in the business of a document preparation service may perform a notarial act on a document if the notary public has received or will receive directly from a transaction relating to the document a fee for providing document preparation services in addition to the fee authorized pursuant to NRS 240.100 for the notarial act. 4. As used in this section, “relative” includes, without limitation: (a) A spouse or domestic partner, parent, grandparent or stepparent; (b) A natural born child, stepchild or adopted child; (c) A grandchild, brother, sister, half brother, half sister, stepbrother or stepsister; (d) A grandparent, parent, brother, sister, half brother, half sister, stepbrother or stepsister of the spouse or domestic partner of the notary public; and (e) A natural born child, stepchild or adopted child of a sibling or half sibling of the notary public or of a sibling or half sibling of the spouse or domestic partner of the notary public. NRS 240.075 Prohibited acts. A notary public shall not: 1. Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public. 2. Certify an instrument containing a statement known by the notary public to be false. 3. Perform any act as a notary public with intent to deceive or defraud, including, without limitation, altering the journal that the notary public is required to keep pursuant to NRS 240.120. 4. Endorse or promote any product, service or offering if his or her appointment as a notary public is used in the endorsement or promotional statement. 5. Certify photocopies of a certificate of birth, death or marriage or a divorce decree. 6. Allow any other person to use his or her notary’s stamp. 7. Allow any other person to sign the notary’s name in a notarial capacity. 8. Perform a notarial act on a document that contains only a signature. 9. Perform a notarial act on a document, including a form that requires the signer to provide information within blank spaces, unless the document has been filled out completely and has been signed. 10. Make or note a protest of a negotiable instrument unless the notary public is employed by a depository institution and the protest is made or noted within the scope of that employment. As used in this subsection, “depository institution” has the meaning ascribed to it in NRS 657.037. 11. Affix his or her stamp to any document which does not contain a notarial certificate.

RoBo

19 Dec 2022

I am unfamiliar with documents that have anything to do with abortions for adults or minors.

Chris Brevig

13 Aug 2021

I posted this question on a separate page but I see this page is more appropriate. I was told more info is needed which I'm providing. I went to the U.S. Embassy in Phnom Penh to notarize an affidavit describing what happened to me during my previous visit to the same Embassy. The affidavit only described events, and made no allegations of misconduct, policies broken, etc., just a simple statement of events. They refused to notarize it saying it was a conflict of interests. Are they allowed to do that? Below is the document I tried to have notarized: https://imbra.us/images/affidavit.jpg The IMBRA pamphlet mentioned is required to be available at all consular posts (8 U.S. Code § 1375a(b)(1)), so basically I caught them with their pants down and wanted them to notarize it.

Hello. Please see our response to your question in your other post.

Jacinta

06 Apr 2021

My employer had me obtain notary certification.. One day at work I had a customer come in with a document and a section when I could fill in the affirmation.. he then produce another paper but this paper was blank and just had another affirmation to be filled and stamped. He stated it went along with his original document. While I am still fairly new.. what is the correct procedure when some one hands you a blank paper to notarize...

08 Apr 2021

Hello. A Notary cannot notarize a blank or incomplete document. For more information, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2017/01/notary-tip-deal-with-blank-spaces-documents

MJ

23 Feb 2021

I have clients that are sisters. One here in California, one in New York. They both had to sign a deed and have it notarized. The sister in NY called with her notary who didn't want to notarize for her because the document originated in CA. I had to explain to her that her job as a notary is to acknowledge this person's signature and make sure she had proper identification. It doesn't matter where the document originated. My client can't fly back to sign the document just because it originated in CA. This is so basic, This is so basic, I'm still shaking my head.

Patricia Schoo

I was under the impression that when notarizing a signature, that is what we are doing....not the document but the signature. Am I incorrect in this thinking?

25 Feb 2021

Hello. Yes, that is correct when performing a notarization such as an acknowledgment or a jurat. However, a notarial act such as certifying a copy of a document does not require notarizing a specific signature, since instead the Notary is certifying the accuracy of a document copy.

Lilyan Agee

22 Feb 2021

Florida notaries are allowed to refuse a notarization because the notary is not comfortable with the request. I would think this covers personal beliefs or preferences.

Lisa Liang

Good Morning, I am a notary in California. My employer paid for my notary training and text, and now my supervisor asked me if I can perform RON for work documents. As I know that California is not authorize its Notaries to perform remote notarization at this time. Please let me know if I can refuse the following requests. 1. Swears in by video 2. Signs affidavit with serving as a remote witness Thank you, Lisa Liang

Hello Lisa. California Notaries are not authorized to perform the two remote notarization requests you describe. At this time, California Notaries are not permitted to perform any type of remote online notarization.

Sandy Ricket

I'm Catholic. In Florida notaries can perform marriages. If a devoutly religious person refuses this, is this a violation?

10 Mar 2021

In Florida, a notary may refuse to perform a notarization; however, the situations in which a Notary must refuse a notarization do not specify anything about marriage ceremonies or issues regarding religion. The Florida Secretary of State does suggest the following: “If you are asked to provide notary services and would like to refuse, you may wish to consult with an attorney regarding any concerns you may have in providing the requested notary services”.

Susan

I work for a bank in NY and our lobbies are closed. What about non-customers who come to the front door asking for a notary? Are we obligated to let them enter a closed business?

Hello. During the pandemic, Notaries should follow all requirements set by local and state health agencies regarding COVID-19 safety, including business closures. You should not meet a signer for a notarization at a location if your local or state health agency prohibits public gatherings at that location. For more information, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2020/05/3-things-notaries-avoid-covid-19

Robert S Beck

I once had a young couple come in with a ragady torn loose leaf paper hand written to give custody of their child to the "wife" ! So many things were wrong there. I suggested they get legal counsel to draw up a formal document! You can't making this stuff up!

Maxine McNeill

20 Nov 2019

About 20 years ago I was in a small town. I had completed a signing and I saw a small shopping center. I was in a business looking around and I heard the word Notary. I heard someone say there is not a Notary in this store. I turned around an followed the voices. Two young ladies mentioned that there someone said a Notary was in the store. I said excuse me does someone need a Notary. I m a Notary. At that time my auto had a notary tag. I asked the Owner after I proved that I was a Notary if I could assist the ladies inside the store. They said yes. After I learned why they needed a notary I helped them. The ladies had court documents that one had to sign and other Notaries in the city refused to aid them. I did it free. No charge. The lady was crying tears of joy. The lady was freely giving her children to a family member. I did not ask any questions. True story.

Mike Holden

18 Nov 2019

A woman down the street produced a document allowing her under aged daughter to travel across country with her above aged boyfriend. She was giving them permission to do this. I did not refuse, but did explain that just because she allows this, does not make it legal. And, because it is notarized it might make it easier to prosecute. I told her to ask a lawyer, but that I would notarize it no matter what. Would I have done wrong if I had in fact notarized it?

19 Nov 2019

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Betty Dedman

I agree with these two points from your link: "the notary believes that the signer is being coerced or does not understand the consequences of signing the document; the signer appears to be drunk, sedated, or disoriented;" I reFUSE to complete POA's when a child of an ailing parent who is unaware of what he/she is signing. Usually the people asking for this are trying to do it in a BIG hurry. I did witness a POA recently where the neice flew in from out of town and wanted a POA for her uncle. While talking to the uncle is was clear that he had mobility problems, but was sharp as a tack and also wanted this POA. Do you Really want to cave and witness a POA where the principal doesn't know why you are there and doesn't know what he/she is signing? I don't want to be in civil court defending that I was simply "acting as a public official." I am married to an atty, who has practiced 44 years and I ask for advice in taking such witness signings. He has suggested caution. If I susPECT nefarious motives I am "not available."

Judy Seki

I had to notarize a couple’s authorization to have their embryos (created in vitro) destroyed. I believe this is murder, but nevertheless notarized the document as required by law. Then I went to my church, donated my fee, and had a Mass celebrated in prayer for the millions of babies whose lives are destroyed in the process of in vitro fertilization.

Blanca Thompson

15 Oct 2018

The father of a young girl, 15 years-old, wanted her daughter to marry her boyfriend because she got pregnant. In Marin County, State of California, he was told that he needed a Court Judgement approving the marriage of her underage daughter.

Shelly

excellent article, thank you

wluna@tirprime.com

What about a foreign document that was supposed to be a power of attorney?

17 Oct 2018

Hello. If you are asking if you may notarize a document from a foreign country, please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notarizing-documents-from-other-countries

Matt

19 Dec 2017

Except in today's world, judges aren't impartial. Just take a look at the supreme court.

Bob Ssekyanzi

18 Dec 2017

Is it admissible to notarize a document with some sections left blank?

20 Dec 2017

Hello. Please see this article: https://www.nationalnotary.org/notary-bulletin/blog/2017/01/notary-tip-deal-with-blank-spaces-documents

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