Pennsylvania Notary Public Practice Exam

Refusal to perform a notarial act may be based on which of the following?

1. The request of the customer

2. Competency of the party

3. Signature missing

4. The notary’s fee

The correct answer is: Competency of the party

The refusal to perform a notarial act can be based on the competency of the party involved. A notary public has a responsibility to ensure that the individuals requesting a notarial service are competent to understand the nature and significance of the act they are trying to perform. This includes assessing whether the person is mentally capable of making decisions, is not under duress, and is of legal age to enter into the agreement or document in question. If the notary has doubts about the competency of the party, they are justified in refusing to complete the notarial act, as doing so could lead to legal complications and undermine the integrity of the notarial process. The other options, while they may arise in different contexts, do not serve as valid grounds for refusal in the same way. For instance, a request by the customer to perform a specific act does not inherently justify refusal unless there are issues related to the legality or appropriateness of that act. A missing signature would typically indicate that the document is incomplete, which might lead to a refusal, but this is more about the condition of the document rather than the competence of the party. Lastly, the notary’s fee, while an important consideration in the transaction, does not provide a basis for refusal unless