Can a Notary Refuse to Notarize a Document Through Remote Online Notarization (RON)?

Yes, a notary has the authority and responsibility to refuse to notarize a document through Remote Online Notarization (RON) under certain circumstances. This discretion is an essential part of the notary's role in upholding the integrity and legality of the notarization process. Here's an expanded explanation of situations where a notary might refuse to notarize a document during a RON session:

1. Non-compliance with Legal Requirements: Each jurisdiction has specific laws and regulations governing the notarization process, including RON. If a document does not adhere to these legal standards—for example, if it lacks necessary information or is of a type not permitted to be notarized online—the notary is obligated to refuse service. This ensures that all notarized documents meet statutory requirements.

2. Inability to Verify Signer's Identity: A critical component of RON is the verification of the signer's identity using approved methods, such as knowledge-based authentication (KBA), credential analysis, or biometric verification. If the notary cannot confidently verify the signer's identity due to insufficient ID, poor quality of digital ID presentation, or failure of the signer to pass identity verification checks, the notary must refuse to proceed with the notarization.

3. Suspected Fraud or Coercion: Notaries are trained to detect signs of fraud or coercion. If a notary suspects that the document is fraudulent, the signer is not acting of their own free will, or there is any form of undue influence or pressure being exerted on the signer, the notary is required to refuse the notarization. This safeguard helps prevent illegal or unethical transactions.

4. Document Incompleteness: It is against the law for notaries to notarize incomplete documents. If a document presented for notarization has blank spaces that could alter the agreement or understanding of the document after notarization, the notary must refuse to notarize until those blanks are filled. This policy prevents potential misuse or alteration of the document's intent post-notarization.

5. Technical Issues Compromising Security or Integrity: While not as common, technical issues that cannot be resolved during a RON session—such as an unstable internet connection, inadequate video quality for clear communication, or problems with the digital notarization platform—may lead a notary to refuse service. These issues could compromise the security or integrity of the notarization process.

6. Conflicts of Interest: Notaries must refuse to notarize documents in situations where they have a personal interest or stand to benefit from the transaction. This ensures that the notarization process remains impartial and free from potential biases.

In all cases where a notary refuses to notarize a document, it is best practice for the notary to clearly communicate the reason for refusal to the signer. This transparency helps maintain trust in the notarization process and provides an opportunity for the signer to rectify any issues that can be resolved.