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What should I do if the signer refuses to re-sign the document?

If the signer refuses to re-sign the document, you should refuse to notarize it. Here’s why:

1. Legal requirement: Notaries must witness the signing of documents in real-time to properly validate them

• Pre-signed documents generally cannot be notarized without re-signing before the notary.

2. Integrity of the process: The notary’s role is to serve as an impartial witness to the signing, ensuring authenticity and confirming the signer’s intent

• Without witnessing the actual signing, the notary cannot fulfill this crucial function.

3. Potential consequences: Notarizing a pre-signed document without re-signing could lead to legal issues and potentially jeopardize the notary’s commission

4. Document the refusal: If you refuse to notarize, it’s advisable to document the refusal in your notarial journal, detailing the exact reason

• This can protect you if the refusal is questioned later.

5. Explain the requirement: Clearly explain to the signer that re-signing is a legal requirement for notarization, not a personal preference

This may help them understand the necessity of the process.

Remember, as a notary, you have the right and often the obligation to refuse notarization when proper procedures cannot be followed. It’s better to refuse service than to compromise the integrity of the notarial act.

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