4.3 Refusing to Notarize

The Refusal Statute — § 308

A notary is a gatekeeper against fraud, and 57 Pa.C.S. § 308 (Authority to refuse to perform notarial act) is the gate. It has two parts. Subsection (a) — specific refusal says a notary may refuse if the notary is not satisfied that:

Subsection (b) — general refusal is broader still: "A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter." In other words, the notary's default discretion is to decline — the law only restricts refusal where another statute (such as anti-discrimination law) forbids it. Memorize the four (a) factors as a checklist: capacity, voluntariness, signature match, photo match.

MUST-Refuse Situations

Some situations are not merely discretionary — performing the act would itself violate RULONA, so the notary must decline:

These are the reliable "MUST refuse" answers on the exam. A document with blank spaces to be filled in later is a different case: the regulations effective March 28, 2026 contain no rule on documents with blank spaces (their only blank-space rule, § 167.32(c), covers journal entries), but the exam outline tells notaries to "assess document completeness" before notarizing, and § 308(b) lets the notary decline. Declining until the blanks are completed or lined through is the safe answer. Never "fill it in later," "accept a faxed signature," or "have a relative confirm."

SHOULD-Refuse: Reading Capacity and Coercion

Beyond the hard stops, a notary uses judgment under § 308(a)(1) (capacity) and (a)(2) (voluntariness). You are not a doctor or a judge — you do not diagnose — but you must be reasonably satisfied the signer understands the act and is acting freely. If you are not, you decline.

Warning signs of impaired capacity

• Slurred speech, confusion about the date or location, or inability to answer basic questions.
• The signer cannot describe, even generally, what the document is.
• Heavy sedation, disorientation, or apparent intoxication.

Warning signs of coercion / undue influence

• A third party answers questions for the signer or refuses to leave the signer's side.
• The signer appears fearful, pressured, or rushed.
• The signer's account contradicts itself, suggesting coaching.

A practical de-escalation step is to ask the third party to step away briefly and speak with the signer privately. If the signer then signals reluctance, or still cannot demonstrate understanding and free will, decline. Importantly, a disability or a language barrier is not itself a reason to refuse — the question is capacity and voluntariness, not the existence of a condition.

The Limits on Refusal, Procedure, and Liability

You may NOT discriminate

The Department of State rule is explicit: a notary may not refuse service on the basis of a customer's race, color, national origin, religion, sexual orientation, sex, gender, pregnancy, gender identity, gender expression, disability, or marital status (4 Pa. Code § 167.113). Section 308(b)'s broad discretion ends where anti-discrimination law begins. An exam answer that refuses for any of these reasons is always wrong.

Proper refusal procedure

1. Decline politely — "I'm not able to notarize this today because..." — without giving legal advice.
2. Do not interpret the document or recommend a course of action; that risks the unauthorized practice of law.
3. Document the refusal in the journal: date, document type, reason for declining, and parties present.
4. Where appropriate, suggest the person return with proper ID or seek another notary — but offer no legal opinion.

Why declining protects you

The $25,000 bond protects the public, not the notary — if it pays out, the notary must reimburse the surety. Declining a questionable act, and recording why, is the cheapest insurance a notary owns.

Refusal vs. Duty to Serve

New notaries sometimes overcorrect in both directions: refusing acts they should perform, or performing acts they should decline. Section 308 strikes the balance — broad discretion to decline, but bounded by anti-discrimination law and any other statute that forbids refusal.

When you should NOT refuse

• The signer has a disability, an accent, or limited English but clearly understands the act and signs voluntarily — proceed (with reasonable accommodations).
• You personally dislike the document's purpose but it is lawful, the signer is identified, present, and willing — your personal opinion is not a refusal ground.
• The signer is identified and competent but simply nervous — nervousness alone is not coercion.

When you absolutely must decline

Return to the hard stops: no identity (§ 307), not present (§ 306), your own signature, a conflict of interest, or a signer who is clearly incapacitated or coerced (§ 308(a)(1)–(2)). On the exam, any scenario combining one of these facts with an instruction to "just proceed," "fill it in later," "accept a phone call," or "let a relative answer" is a trap — the correct answer is to refuse and document. A document left with blanks should also be declined until it is completed, as a matter of the completeness check rather than a separate rule.

The throughline of this chapter: confirm identity, confirm willingness and capacity, confirm presence, and when any of those fail, decline politely, record the reason, and keep your commission and bond intact.