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When can a notary public REFUSE to notarize a documnet?
Document must be completed and ready in advance. A notary public may not notarize a document that is incomplete. If presented with a document for notarization, which the notary public knows from his or her experience to be incomplete or is without doubt on its face incomplete, the notary public must refuse to notarize the document.
(Certified copies) A notary public may ONLY certify copies of powers of attorney under Probate Code section 4307 and his or her notary public journal.
*Only an attorney, a representative accredited by the U.S. Department of Justice, or a person who is registered by the California Secretary of State and bonded as an immigration consultant under the Business and Professions Code may assist a client in completing immigration forms.
Signer Disqualifications
This occurs when the signer does not meet certain qualifications for the notarization. These may include:
The signer is not physically present
The signer cannot be properly identified
The signer does not speak the same language as the Notary
The signer is unwilling to swear or affirm the contents of the document for notarizations that require an oath or affirmation
Notary has reason to believe the signer appears to be confused, disoriented or lacks the mental capacity to sign documents
Notary has reason to believe that the signer is being coerced to sign, rather than signing of his or her own free will
Document Disqualifications
This occurs when the document doesn’t meet certain requirements. Situations may include:
The document contains blank spaces or missing pages
The document does not contain a notarial certificate, and the signer cannot or will not instruct the Notary which type of notarial certificate is required
The signer wants you to certify a copy of a vital record, such as a birth certificate, which l am not permitted to do
Other Disqualifying Situations
There are several other potential situations when Notary should refuse the request:
Signer and notary cannot communicate
The act being requested is not an authorized notarial act
The signer is unable or unwilling to pay the required fee
The request is made outside of your regular office hours
The request violates workplace guidelines