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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.