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Writer's pictureClara Grixti

Notarizations of Documents


A notary public holds the esteemed position of a public officer appointed by their respective state government to fulfill a vital role as an impartial witness in activities encompassing the acknowledgment of documents, the administration of oaths and affirmations, and the execution of other legally authorized acts. Individuals often seek the services of notarial offices for various document notarizations. It is paramount to emphasize that there exist specific criteria under which a notary is prohibited from performing notarizations, making it imperative for the notary to exercise discretion and, in certain instances, decline to execute a notarization.



Several common reasons underpin the refusal to notarize a document:


A) Non-Compliance with Notarization Criteria:

  • The principal fails to present themselves personally before the notary.

  • Inadequate provision of proper identification by the principal.

  • The notary harbors reservations regarding the identity of the person appearing before them in relation to the information presented in the provided identification.

  • The principal in question bears a close familial relationship, such as that of a spouse or parent.

  • The notary holds a vested interest or financial stake in the transaction, thereby compromising their impartiality.


B) Requests Beyond Designated Business Hours


C) Notary Discomfort with the Transaction:


On numerous occasions, this unease arises due to one or more of the following factors:

  • The notary harbors suspicions regarding the authenticity or legitimacy of the transaction;

  • The document is composed in a foreign language that lies beyond the notary's linguistic comprehension;

  • Language barriers impede effective communication between the notary and the principal;

  • The notary suspects that the principal may have been coerced or unduly influenced into signing the document;

  • The principal exhibits signs of intoxication, confusion, or a lack of comprehension regarding the document's contents and the implications of its execution.


Furthermore, it is incumbent upon a notary to exercise the utmost caution in avoiding refusals to perform notarizations that could be construed as discriminatory based on factors such as race, gender, or sexual orientation. Additionally, a notary is prohibited from declining to notarize a document solely on account of personal, political, religious, or subjective objections to its content.



Regards,

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