California Notary Public ExamJournal RequirementsMedium
A Notary Public is presented with a document for which a thumbprint is required in the journal. The signer refuses to provide a thumbprint. What is the Notary Public's appropriate course of action?
- ARefuse to perform the notarial act.
- BPerform the notarization and omit the thumbprint entry, as it is optional for some documents.
- CContact the Secretary of State for guidance before proceeding.
- DProceed with the notarization but make a note in the journal that the signer refused.
Show answer & explanationAnswer & explanation
Correct answer: A. Refuse to perform the notarial act.
California Government Code Section 8206(a)(2)(G) mandates a thumbprint for specific document types. If a signer refuses to provide a required thumbprint, the Notary Public must refuse to perform the notarial act.
Why the other options are wrong
- B. The thumbprint is not optional for the specified document types; omitting it is a violation.
- C. While contacting the SOS is generally good, for a clear refusal of a mandatory requirement, the action is already defined.
- D. Making a note is insufficient; the thumbprint is a mandatory requirement for certain documents.
Mandatory Thumbprint Refusal
If a signer refuses to provide a thumbprint when legally required for certain document types, the Notary Public must decline to perform the notarial act.
- Thumbprints are mandatory for deeds, quitclaim deeds, deeds of trust, powers of attorney, and certain real property transactions.
- Refusal to provide a required thumbprint mandates refusal of the notarial act.
- Failure to obtain a required thumbprint is a violation of Notary Public law.
Memory trick: No thumbprint for mandatory docs? No notarization, plain and simple.