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What should a notary do when they suspect fraud?

  1. Complete the notarial act anyway

  2. Consult with a lawyer before proceeding

  3. Refuse the notarial act

  4. Report to law enforcement immediately

The correct answer is: Refuse the notarial act

When a notary suspects fraud, the appropriate action is to refuse the notarial act. This is essential because a notary's responsibility is to ensure that the signature and content of the document are legitimate and that the signer is doing so willingly and knowingly. If there is a suspicion of fraud, proceeding with the notarial act could facilitate an illegal or deceptive transaction, which goes against the notary's duty to uphold the law and maintain the integrity of the notarial process. A refusal to perform the act protects not only the notary but also any parties that may be affected by the potential fraudulent activity. Consulting with a lawyer may offer guidance, but it does not directly address the immediate need to maintain ethical standards in notarial duties. Reporting to law enforcement may be necessary in certain circumstances, but it is not the primary response a notary needs to take at the moment of suspicion, especially if they can prevent the act from occurring in the first place. Completing the notarial act regardless of suspicion would undermine the purpose of notaries and could lead to serious legal ramifications.