When and How to Refuse Notarizations

Refusing a notarization is not just a right — it is sometimes a duty. Knowing when you must refuse, when you may refuse, and how to handle the refusal properly is essential for protecting yourself and the public.

Mandatory Refusal Situations

A notary MUST refuse to notarize in the following situations:

1. No Personal Appearance

The signer is not physically present (for traditional notarization) or not appearing via authorized audio-visual technology (for RON).

2. Cannot Identify the Signer

The signer cannot provide satisfactory evidence of identity — no acceptable ID, no personal knowledge, no credible witness available.

3. Signer Appears Coerced or Unwilling

The notary believes the signer is being forced, threatened, or pressured to sign. Signs include fear, anxiety, a controlling companion, or statements of unwillingness.

4. Signer Appears Incompetent

The signer does not appear to understand what they are signing, cannot communicate meaningfully, or appears severely impaired by drugs, alcohol, or medical conditions.

5. Incomplete or Blank Documents

The document has significant blank spaces that could be filled in fraudulently after notarization. Never notarize a blank or substantially incomplete document.

6. Conflict of Interest

The notary has a beneficial interest in the transaction, is a party to the document, or is otherwise conflicted.

7. Document Is Illegal

The notary knows or reasonably believes the document is being used for an illegal purpose.

8. Expired Commission

The notary's commission has expired and has not been renewed.

Permissive Refusal Situations

A notary MAY refuse (but is not required to refuse) when:

• The signer is rude, threatening, or abusive toward the notary
• The notary is unable to communicate with the signer due to a language barrier
• The location is unsafe or uncomfortable for the notary
• The notary is not available at the requested time
• The signer wants the notarization performed in a way that is unfamiliar to the notary

Prohibited Reasons for Refusal

A notary must NEVER refuse a notarization based on:

How to Refuse Properly

When refusing a notarization:

1. Be polite and professional — Explain that you are unable to perform the notarization
2. State the general reason — "I'm unable to complete this notarization because I cannot verify your identity" (you do not need to be overly specific)
3. Do not apologize excessively — You are performing your duty
4. Offer alternatives when possible — Suggest the signer obtain proper ID, consult an attorney, or find another notary
5. Document the refusal — Note it in your journal, including the date, reason, and any relevant details
6. Do not surrender documents — Return all documents to the signer

On the Exam

Refusal questions test whether you know WHEN to refuse:

• Must refuse: No appearance, no ID, coercion, incompetence, blank documents
• Must NOT refuse: Based on race, religion, gender, disability, national origin
• Document the refusal in your journal
• Offer alternatives when possible — be professional, not punitive