I just talked to a client who said that she needed to be notarized. The guy at the mail boxes place required a thumbprint for a California notarization that was not for a Deed or POA. The law doesn’t require a thumbprint unless it is for a Deed or Power of Attorney. So, the client of mine (also a Notary, but not “the” Notary in question here) refused, and was denied Notarization.
I checked the 2016 California State Notary Handbook to verify whether or not the Notary has the right to decline if they are not comfortable with the situation regarding a notarization. For example, if the signer seems suspicious, may the Notary refuse to notarize? If the signer refuses to be thumbprinted, and the Notary refuse?
The handbook doesn’t say if the notary may refuse under special circumstances, but states that it is illegal for a Notary to deny services. Hmmm.
If the document contains blanks, or if the Notary cannot communicate with the signer, those are grounds for refusal to notarize. If the signer cannot be positively identified, that is also grounds. If there is a financial or beneficial interest for the Notary to notarize a document, yet another legitimate reason not to notarize.
But, back in the days when I was a Notary, I remember reading that a Notary could refuse to notarize if they had a funny feeling about the notarization. Is that just an antiquated guideline, or was it something published by a source that was not reputable or official? Hmmm.
What does your state say about the Notary’s right to refuse notarization?
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