In which situation is a notary allowed to refuse performing a notarial act?

In which situation is a notary allowed to refuse performing a notarial act?

• A. If the signer is being coerced
• B. If the transaction is illegal
• C. If the signer is a close family member
• D. If the notary suspects dishonesty but the signer is not coerced

Answer: (B)

Notaries may refuse a notarization whenever the act would validate or facilitate illegal activity. If the transaction itself is illegal, performing the notarial act would amount to endorsing wrongdoing, which a notary cannot do. That’s why this scenario is the best answer: it directly violates what a notary is allowed to certify. Situations like coercion or a close family relationship raise concerns about voluntariness or conflicts of interest, but they do not automatically make notarization illegal in the same definitive way. The key rule to remember is that a notary should not assist with illegal purposes; if the transaction is illegal, refuse and explain the concern.

Notaries may refuse a notarization whenever the act would validate or facilitate illegal activity. If the transaction itself is illegal, performing the notarial act would amount to endorsing wrongdoing, which a notary cannot do. That’s why this scenario is the best answer: it directly violates what a notary is allowed to certify.

Situations like coercion or a close family relationship raise concerns about voluntariness or conflicts of interest, but they do not automatically make notarization illegal in the same definitive way. The key rule to remember is that a notary should not assist with illegal purposes; if the transaction is illegal, refuse and explain the concern.