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SUMMARY OF REFUSAL TO NOTARIZE

You must refuse to notarize if:

1.) An unknown individual does not have proper identification.
2.) The signer threatens you.
3.) The signer does not appear in front of you.
4.) You do not have your notary seal. (Register can be filled in later – but you won’t have the signature of the signer in your register.)
5.) The document is fraudulent on its face.
6.) The document is a copy of a public record of the actual original which is in the possession of a “custodian of records” (birth or death certificate, marriage license, divorce decree, college transcript, etc.)
7.) You are a party to the transaction, or stand to gain by it.
8.) You and the signer do not speak the same language.
9.) The signer appears confused or frightened. – Is there any coercion?
10.) If the signer is an agent who does not have a power of attorney with him/her.
11.) If the agent hasn’t executed the statutory Agent’s Acknowledgment at the end of the body of the power of attorney.
12.) If a minor does not have proper identification – or if there is no credible witness to identify the minor.

You should not notarize a document if:

1.) If there are blank spaces in the document.
2.) If the document is in a language you do not understand – even if the signer has proper identification and speaks English.
3.) If an unknown individual asks you to notarize corporate documents and does not produce Articles of Incorporation and corporate resolution authorizing the action.
4.) If the agent does not have the original or certified copy of the Power of Attorney.
5.) If the Power of Attorney does not provide for the requested action.

(Based on the Texas Department of State website)

 

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