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Misconduct/Fees

A notary public is presented with a document by a member of the public. The notary suspects — without definitive proof — that the document is fraudulent. May the notary refuse to perform the notarization?

A

Yes, but only if the notary files a written report with the Secretary of State within 24 hours.

B

No. A notary is required by law to perform notarizations whenever a proper request is made and a valid ID is presented.

C

No. Only a judge or law enforcement officer can stop a notarization once the request has been made.

D

Yes. A notary may withhold services when the notary believes that the individual does not understand what they are signing, when a document is incomplete, or when the employer limits service to certain transactions.

Correct Answer

D. Yes. A notary may withhold services when the notary believes that the individual does not understand what they are signing, when a document is incomplete, or when the employer limits service to certain transactions.

AI Explanation

Notary's right to withhold services. While a notary is generally required to perform notarizations when a proper request is made, California law recognizes several situations in which a notary may withhold services: when the employer limits services to employer-related transactions; when a document is incomplete; or when the notary believes the signer does not understand what they are signing. A notary is not required to perform a notarization that the notary believes is improper, fraudulent, or unlawful.

Misconduct/Fees Question #281
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