When should a notary refuse to notarize a document?

When should a notary refuse to notarize a document?

• A. When the signer is unclear about the document
• B. When the signer is under duress
• C. When the signer is accompanied by an attorney
• D. When the identifications are shown

Answer: (B)

A notary should refuse to notarize a document when the signer is under duress because duress indicates that the person is being coerced or forced into signing the document against their will. Notarization requires the signer to be acting voluntarily and with full understanding of the implications of their actions. If a signer is under duress, it raises significant concerns about the validity of their consent and could lead to potential claims of fraud or misconduct. In situations where a signer appears unclear about the document, the notary might instead seek to clarify or provide guidance, unless it seems they do not understand it at all. The presence of an attorney does not itself necessitate refusal to notarize, and in fact, it might even lend assistance in ensuring that the signer understands the document. Finally, presenting identification is a standard procedure for a notary and should be expected and not a reason to refuse notarization. Thus, the best course of action is to refuse notarization if there is clear evidence of duress.

A notary should refuse to notarize a document when the signer is under duress because duress indicates that the person is being coerced or forced into signing the document against their will. Notarization requires the signer to be acting voluntarily and with full understanding of the implications of their actions. If a signer is under duress, it raises significant concerns about the validity of their consent and could lead to potential claims of fraud or misconduct.

In situations where a signer appears unclear about the document, the notary might instead seek to clarify or provide guidance, unless it seems they do not understand it at all. The presence of an attorney does not itself necessitate refusal to notarize, and in fact, it might even lend assistance in ensuring that the signer understands the document. Finally, presenting identification is a standard procedure for a notary and should be expected and not a reason to refuse notarization. Thus, the best course of action is to refuse notarization if there is clear evidence of duress.