Authority and requirements to refuse to perform notarial act

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1-5-622. Authority and requirements to refuse to perform notarial act. (1) A notarial officer shall refuse to perform a notarial act if the notarial officer is not satisfied that:

(a) the individual executing the record is competent or has the capacity to execute the record; or

(b) the individual executing the record is signing knowingly or voluntarily.

(2) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than as provided in this part.

(3) A notary public shall refuse a request that would require the notary to:

(a) use an electronic notarization system or a communication technology that the notary does not know how to operate; or

(b) use an electronic notarization system or communication technology that does not meet the requirements of this part or standards adopted by rule.

History: En. Sec. 19, Ch. 391, L. 2015; amd. Sec. 3, Ch. 275, L. 2017; amd. Sec. 12, Ch. 123, L. 2019.


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