Under what circumstances can a notary refuse to perform a notarial act?

A notary has a duty to maintain the integrity of the notarial process, which includes safeguarding against fraud. When a notary suspects that a transaction may be fraudulent, they are ethically and legally bound to refuse to perform the notarial act. This refusal is not only to protect the interests of all parties involved but also to uphold the laws governing notarial acts, which emphasize the importance of ensuring that signers are acting willingly and with understanding.

In cases where fraud is suspected, a notary's ability to refuse is crucial. It serves as a protective mechanism for both the notary and the public, as engaging in a fraudulent transaction could lead to legal repercussions for the notary and potentially harm those involved in the fraudulent act. This principled approach ensures trust in the notarial system and helps to maintain a fair and honest process.

Other circumstances, such as being busy or lacking training, do not legally constitute valid reasons for refusing to perform notarial acts. A notary should manage their time effectively to fulfill their obligations and must be adequately trained to perform their duties. Meanwhile, a signer’s request to not proceed does not align with the notary’s role, which is focused on ensuring the transaction can occur lawfully and without illegitimacy.