4.3 Refusing to Notarize
Key Takeaways
- Section 308(a) lists four specific grounds for refusal: doubt about competence/capacity, signature not knowingly and voluntarily made, signature not matching the ID, or appearance not matching the ID photo.
- Section 308(b) is a broad general-refusal power: a notary may refuse any notarial act unless refusal is prohibited by a law other than RULONA.
- A notary MUST decline when identity cannot be established (§ 307), the signer is not personally present (§ 306), or the document is blank/incomplete.
- Refusal is capped by anti-discrimination law: a notary may NOT refuse based on race, color, national origin, religion, sexual orientation, gender identity, disability, or marital status.
- When in doubt, decline and document — declining a questionable act protects the public, the notary's commission, and the $25,000 surety bond.
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:
| # | § 308(a) ground | Plain meaning |
|---|---|---|
| (1) | The individual is competent or has the capacity to execute the record | Signer understands what they are signing |
| (2) | The signature is knowingly and voluntarily made | No coercion, no confusion |
| (3) | The signature substantially conforms to the signature on the ID used | Names/signatures match |
| (4) | The physical appearance substantially conforms to the ID photograph | The person matches the photo |
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:
| Mandatory stop | Statute / reason |
|---|---|
| Identity cannot be established | § 307 — no personal knowledge, no satisfactory evidence, no qualifying witness |
| Signer not personally present | § 306 — personal appearance is required |
| Document has blank spaces to be filled later | Notarizing an incomplete record invites fraud |
| Notary has a disqualifying interest (e.g., a party to or beneficiary of the transaction) | Conflict of interest undermines impartiality |
| Notarizing the notary's own signature | A notary cannot notarize for themselves |
| Signature clearly not voluntary (coercion) | § 308(a)(2) |
These are the reliable "MUST refuse" answers on the exam. If a question describes a signer who is absent, unidentifiable, or signing a blank form, the correct response is always to decline — never to "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, gender identity (including pregnancy), disability, or marital status. 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
- Decline politely — "I'm not able to notarize this today because..." — without giving legal advice.
- Do not interpret the document or recommend a course of action; that risks the unauthorized practice of law.
- Document the refusal in the journal: date, document type, reason for declining, and parties present.
- Where appropriate, suggest the person return with proper ID or seek another notary — but offer no legal opinion.
Why declining protects you
| Consequence of a bad notarization | Exposure |
|---|---|
| Civil suit by an injured party | Personal liability for damages |
| Claim against the surety bond | Up to $25,000 (raised from $10,000 on March 28, 2026) |
| Commission suspension or revocation | Loss of notary authority |
| Criminal charges for fraud/forgery participation | Prosecution |
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), blank document, 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.
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.
Which of the following is one of the four specific refusal grounds listed in § 308(a)?
A notary may NOT refuse to perform a notarial act for which of the following reasons?
An elderly signer at a hospital is confused, cannot state the date, and cannot describe the document. A relative urges the notary to proceed. What is the correct action under § 308(a)(1)?
After declining a notarization because the signer appeared coerced, what should the Pennsylvania notary do?