Posted by fiKS on 3/6/05 3:14am
Msg #23894

Notary refuse to perform notarial act

A gentleman called me because he needed a document notarized. Unfortunately, I had appointments till late at night the two days in a row so I suggested he went to a bank. He said he did but the NP there, a bank employee, refused to notorize the document because he did not have an account at the bank. He offered to pay a fee, yet she refused.

Correct me if I'm wrong, but isn't this unethical? Aren't NPs public officials who are suppose to serve the public?

Reply by LawrenceOK on 3/6/05 7:47am
Msg #23899

I dont know about KS, but the way I understand the wording of the R&R of my state, you can only refuse to notarize the document if they do not have proper ID. Also in OK that stamp belongs to YOU, not the employer. There must be something this gentleman is not telling you.

Reply by PAW_Fl on 3/6/05 9:18am
Msg #23918

Bank policy can dictate whether or not a notary in the employment of the bank during their working hours can refuse a notarization for non-bank business. Therefore, even as a "public officer", they are not necessarily available to the general public during normal working hours. The reason is actually quite simple and was brought to light in NYC a bunch of years ago when a bank employee (names withheld) notarized a fraudulent document. In the ensuing trial, the bank as well as the notary were named as defendants. From that day on, it has been bank policy that a bank notary, during their working hours, on bank property will only provide bank related services as directed by their employer.

Many states have specific guidelines in their statues about notaries as employees during working hours. Obviously, after work, the notary is no longer under the guidance and restrictions of their employer and can perform notarial acts per their state guidelines, laws and statutes.

Reply by sue on 3/6/05 8:01am
Msg #23901

That's a state specific requirement. I am in PA and I can refuse to notarize anything for anyone for any or for no reason. If someone shows up with a pink shirt on and I don't like pink I can refuse to notarize.

Reply by John_NorCal on 3/6/05 9:11am
Msg #23917

In CA a notary employed by others, can be restricted to notarizing only documents that pertain to the employers business, such as a title company.

Reply by fiKS on 3/6/05 12:48pm
Msg #23935

Thanks for everyone's input. I vaguely remember reading somewhere (not mentioned in my state handbook) that an employee, whether or not their commissioned is paid by their employer, is required to perform notarial acts to the public as long as the person has proper ID and willing to pay a fee. I've always referred clients to banks when I am unable to meet them, thinking that I didn't hang them out dry. I'd hate to be in the client's shoes going from one notary to another who refuse to serve them. I realize, of course, that each state has different limitations, as far as duties and responsibilities of NPs. I just never imagined that a bank employee, who is a NP, would refuse a 5 minute service to a person, who potentially becomes their customer, if not already one. But the world isn't perfect!

Thanks for the info PAW. I will now make a list of more reliable resources for my clients - such as USPS and Mail N More in my area who have NPs who do serve the public!

Reply by PAW_Fl on 3/6/05 12:59pm
Msg #23939

I still refer callers to THEIR local bank, if they have a relationship with that bank, for quick, general notary work. But, MBE/UPS, Kinkos, many CPA firms, etc. are probably a better bet.

Reply by fiKS on 3/6/05 1:28pm
Msg #23945

That's what I usually do (refer callers to THEIR local bank). However, often times, as in the case with this past caller, they are from out of town and there isn't a branch in this town. Thanks....I forgot to look up Kinko's and CPA firms.