Content Comparison

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Refusal of Services

1. Specific Grounds

   1. Competence: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that

   :
   “(a) The

   1. …[t]he individual executing the record is competent or has the capacity to execute the

   record; or
   “(b) The

   1. record….” (IC 51-108[1][a]).

   2. Willingness: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (IC 51-108[1][b]).
      “Generally speaking, willingness can be inferred simply from the fact that the signer has requested that the notarization be performed. There are, however, situations where additional care must be taken by the notary; for example, when the signer appears to be under pressure or duress or under the influence of alcohol or other substances” (NPH).
      “In situations where there is a question of pressure being put on the signer, the notary can ask any others in the room to leave and then engage the signer in conversation about the transaction. There is a difference between a person being unwilling or pressured to sign a document and being unhappy about the circumstances that have made it necessary for him or her to sign that document. When in doubt, the notary can get an opinion from an attorney or medical professional familiar with the signer” (NPH).

2. General Grounds: “A notary public may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter” (IC 51-108[2]).

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