California Notary Public ExamJournal RequirementsMedium
A Notary Public is presented with a document for notarization. The signer refuses to provide a thumbprint, even though the document (a deed) requires one. The signer offers an additional form of identification instead. What is the Notary Public's appropriate response?
- AInform the signer that the thumbprint is required, but if they still refuse, proceed if they sign a waiver.
- BRefuse to perform the notarization, as the thumbprint is mandatory for this type of document.
- CContact the Secretary of State for guidance before proceeding.
- DAccept the additional identification and proceed with the notarization, noting the absence of the thumbprint.
Show answer & explanationAnswer & explanation
Correct answer: B. Refuse to perform the notarization, as the thumbprint is mandatory for this type of document.
California Government Code § 8206(a)(2)(G) mandates a thumbprint for specific documents, including deeds. If a signer refuses to provide a required thumbprint (and does not have a physical inability), the Notary Public MUST refuse to perform the notarization.
Why the other options are wrong
- A. There is no provision for a waiver in California Notary law for a mandatory thumbprint.
- C. While seeking guidance is generally good, the law is clear on this point, requiring refusal.
- D. Accepting alternative identification does not fulfill the mandatory thumbprint requirement.
Mandatory Thumbprint Refusal (Signer)
If a signer refuses to provide a mandatory thumbprint for documents such as deeds, the Notary Public must refuse the notarization.
- Applies to specified documents (e.g., deeds, powers of attorney).
- Refusal without physical inability means no notarization.
- Notary cannot waive the requirement.
Memory trick: Thumbprint: Must or No Trust.