What should a notary do if the signer is unable to physically appear for notarization?

What should a notary do if the signer is unable to physically appear for notarization?

• A. Notarize the document remotely
• B. Ask them to send a representative
• C. Refuse to perform the notarial act
• D. Provide an alternative method for notarization

Answer: (C)

In situations where a signer is unable to physically appear for notarization, the notary's primary responsibility is to ensure the integrity and security of the notarization process. If the signer cannot be present in person, the notary is obligated to refuse to perform the notarial act. This is because notarization requires the signer to personally appear before the notary to confirm their identity and the willingness to sign the document. Notaries must adhere to the laws governing notarization, which generally stipulate that a personal appearance is essential. This is to prevent fraud and ensure that the notary is able to assess the signer's mental competency and intent in real-time. Without the signer's physical presence, the notary cannot fulfill these critical requirements, thus making it invalid for the notary to proceed with the notarization. Additionally, while there may be options like remote notarization in some jurisdictions, California law has specific rules that govern notarizations and may not allow for remote methods unless certain criteria are met. Consequently, the safest and most legally compliant action in this scenario is for the notary to refuse the notarization.

In situations where a signer is unable to physically appear for notarization, the notary's primary responsibility is to ensure the integrity and security of the notarization process. If the signer cannot be present in person, the notary is obligated to refuse to perform the notarial act. This is because notarization requires the signer to personally appear before the notary to confirm their identity and the willingness to sign the document.

Notaries must adhere to the laws governing notarization, which generally stipulate that a personal appearance is essential. This is to prevent fraud and ensure that the notary is able to assess the signer's mental competency and intent in real-time. Without the signer's physical presence, the notary cannot fulfill these critical requirements, thus making it invalid for the notary to proceed with the notarization.

Additionally, while there may be options like remote notarization in some jurisdictions, California law has specific rules that govern notarizations and may not allow for remote methods unless certain criteria are met. Consequently, the safest and most legally compliant action in this scenario is for the notary to refuse the notarization.