Is A Notary Public Allowed To Decline Notarization?

Notaries often come across people, whether their bosses, co-workers or customers that ask them to illegally notarize their documents. Sometimes, a notary public may not be able to tell the difference or know completely whether they should or should not notarize a document, especially if they are being pressured by powerful people. However, there are rules as to when a notary public can or cannot decline notarization. Let’s explore these rules in detail.

At What Point Can Notaries Refuse Notarization?

It is important to know when to decline notarization in order to prevent the fraud from being committed. Different states have different laws for notaries to follow regarding the refusal of service. However, it is safe to say that if there is any doubt of the documents being illegal or fraudulent.

If a signer does not follow the correct protocol or meet the requirements for the notarization to take place, the notary public from Oklahoma City. Some of the disqualifications may include:

  • The signer not making a personal appearance
  • The signer has not given their proper identification
  • If there is a language barrier
  • The signer is disoriented or seems like they are being forced to sign
  • If the signer is refusing to take an oath or affirm their documents

Sometimes, the documents may lead the notary public from Oklahoma to decline notarization, such as:

  • There are missing pages or blank spaces in the documents
  • If the required notarial certificate is not obtained

Then, there are also times when the notary public from Oklahoma may present a conflict of interest, and cannot unbiasedly notarize the document due to:

  • Being the signer of the document
  • The financial documents benefiting them as well
  • The signer is their parent, spouse, or child

Other situations in which a notary public from OKC can decline notarization are:

  • If the notary public is suspicious that the transaction is illegal, false, or deceptive
  • If the act being asked of them is not authorized for them to do
  • The signer cannot or will not pay the fee that is required for notarization
  • Being requested to notarized outside of your office hours
  • If the act that is being requested violates the guidelines of their workplace

Of course, notaries cannot refuse notarization due to a personal bias against the signer’s gender, race, religion, nationality, disabilities, or lifestyle.

Notaries must maintain their professionalism and use a respectful and calm tone when refusing the notarization. They must also explain why they are declining notarization. Lastly, the notary public has to document their refusal for any future questioning.

Penalties of Wrong Notarization

wrong notarization

Under state law, if notary public performs any wrong or criminal notarization, this may leads notary public being found in guilty of a misdemeanor in wrong case. Consequently, notary public has to face some penalties as suggested by state law. Following are some possible penalties of wrong notarization which they may have to face if  found involve in any misconduct. 

Notary Commission Suspended and Revoked

Commission will take away or suspend the authority of notary public, if notary performs any misconduct or any criminal offense. This suspension may be temporary or permanent based on the nature of his misconduct.

Commission can revoke or suspend the notary public on the following grounds

  • If notary public fails to comply with the state of law.
  • The notary make fraudulent mission statement on commission’s application
  • If notary public does not follow the rules and regulation of commission.

Criminal Penalties

State’s law also set some criminal penalties for notary public if they perform any illegal act or involve in any fraudulent activities. Notary public will have to pay criminal penalties in the following case.

  • Notary who knowingly executes a notary certificate containing a statement, the notary knows to be false or, perform any act in the intent to deceive or defraud is also a guilty of misdemeanor.

Civil Penalties

Some types of misconduct may require the notary to pay a fine or other civil penalty.

For example , a person who acts as notary after their commission expires can be fined $100-$500 .

  • In Virginia, a notary who uses notaries in his or advertise this title or any other term in the  language will be  subject to a maximum civil penalty of $500
  • In New York , committing certain advertising violations may result in a civil penalty up to $1000

penalties

Law Suits and Financial Liability

If a state does not fine notary or levy other punishment of misconduct, notary  will still be liable for the signer in the court for financial loss, whether  the notary commit the fraud intentionally or unintentionally.

A notary is not the only one who can held  liable for the misconduct, employers and bosses  are also held liable for that misconduct as well, if they ask  notaries to perform  that task which violate laws of commission and states.

Imprisoned

Notary public may held liable for imprisonment in some cases. For example; if someone lost his life due to the misconduct of the notary public then, he will be imprisoned for some years. Further, He will also liable for imprisonment, if someone bear heavy damage due to notary public criminal offense or misconduct.

Conclusion

According to law no one is free from law. So, if notary public commits any fraudulent activity or performs any illegal act then, notary public will held liable for various penalties of wrong notarization.Which we have described above. It is moral duty of a notary to perform his duties with loyalty and purity. Further, these penalties are used as coercive force for many notaries who are not loyal with their job.

Role Of Notary public In The Development Of Business – Authenticity of Documents

Authenticity

Notary public includes those people who have the authority to notarize the document by signing it. The notary public plays a significant role in the development of any business by ensuring the authenticity of documents.

Following are the important role of the notary public.

Necessary for contracts

The notary public play important role in the development of the business. Because, without notarization of documents business deals or contract will never be finalized. So, notary public notarizes the document after those contracts will be donning. In business, every contract requires authentic documents.

Aunthetication of documents are necessary for registration of the business

Every businessman needs to register his organization before incorporation of the business. Notarized documents are very important for the purpose of registration. So, notary public play vital role in the process of registration of business which ultimately increase the chances of development of business.

Document

Affidavit

Indeed, Affidavit is the most important document of the business. It requires the legal documents, means notarized documents. However, Without notary public we cannot get these documents. Therefore, it proves that how notary public is important for business development and growth.

Power of attorney

Power of attorney means the delegation of authority from one person to another person or, from principal to agent. We can say that power of attorney is a process of appointing a person who will manage task on behalf of business owner. Therefore, for the purpose of power of attorney, we need legal documents or notarized documents. It is only possible, if notary public signs these documents. So, in this case we can identify the important role of notary public too.

Deed of trust

Deed of trust is also very essential document for any business. This document is used for selling and buying of homes. Specifically, It is an agreement a lender and a borrower to give the property to third party. Here is also notary public plays important role by notarizing the documents.

Medical Authorization

Normally, this type of document is used by minors for receiving medical care. There are times when hospitals or clinics require a notarized medical authorization from parents of minor children. This document only notarized from notary public. It is right that a business will never do a single task without notarized documents which is done by notary public.

Partnership Deed

A Partnership deed is also a legal document which contains the agreement of partners. Generally, it contains the records of all partners addresses, share percentage and agreement details. For the purpose of making this document, every partner should have to submit notarized or legal documents.

Conclusion

We have discussed above how notary public plays significant role in the development of the business. Nevertheless, Every task of business, from registration to partnership deed and authenticity of documents, requires notarized documents and which will only possible with the sign of notary public.

Why Notarization of Document is Important

important

The term Notarization of document means documents carrying authenticated signature of the person authorized or required to sign it.

However, the following are some reasons why notarization of documents is important:

People Trust The Authenticity of Documents

In Oklahoma, notarization of documents are very important, because everyone trust on authenticity of documents and our documents only authentic when these are notarized.  For gaining the notarization, we required to sign our documents from authenticated person who is authorized to sign it. Also, paste stamp of Oklahoma.

Government Institutions Relay on Notarized Documents

indeed, notarization of documents is very crucial for the purpose of any legal proceeding too as the government only relay on the notarized documents. Document which is without notarization will not be accepted in all Government offices and institutions.

Notarization Secures From Fraud

Particularly, it is the importance of notarized documents that it secures us from various frauds. That’s why; every person needs to notarize the documents to save themselves from frauds. If a person tries to commit any fraud, it can easily approach that has made the fraud from notary public office.

Important For Agreements

For making business agreements, notarization of documents is required. Without notarization of documents no person will feel free to make agreements with you. So, every businessman should notarize his documents for the sake of success of the business. Therefore, we can say that notarization of documents is the basic requirement in the business establishment.

notarization

 

Proof of Genuine Document

Moreover, if documents are notarized then they are considered as the genuine documents. The signature and stamp will be regarded as the proof that these documents are real and there is no fear of fraud. Therefore, all institutions, whether educational or governmental, demand notarized documents for the processing every legal proceeding.

Required for Registration in Oklahoma

If you are willing to get registered in any of the governmental institution, your documents should be notarized. one must comply with this rule in Oklahoma.  Undoubtedly, The rule of notarization of document is strictly followed by all individuals and institutions.

 

Makes Financial Transactions Risk Free

Indeed, notarization of documents ensure the authenticity of the person or organization. As the whole business is dependent on financial transactions so, these must be secured. There are several ways to check whether the person is reliable or not. But, the notarization aids a lot in easing the process of cross checking the reliability of the person.

Conclusion

To cut the long story short, notarization of documents is very important for everyone.  Specially, in Oklahoma, notarization of documents is very important for any person who is a businessman, or any person who want to start a business. In fact, in Oklahoma, notarization of documents is a rule that every person should have to follow.

Notarization of documents secure us from various types of fraud, it is also very important for the purpose of registration of any business and enterprise in Oklahoma. Also, notarization of documents is the proof of genuine documents.