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 Re: 1 more example of why notaries must know state notary law
Posted by VT_Syrup on 7/30/22 7:45pm

My state has passed the Revised Uniform Law on Notarial acts, available here:

https://www.uniformlaws.org/committees/community-home?CommunityKey=e5350d2e-df77-4dfd-8cf0-eecf41cc09f1

I'll quote the national recommended version because my state hasn't made any changes to the parts I'll write about. I have not been able to find any prohibition against notarizing incomplete documents. In the case described by JanetK_CA I would have refused to notarize for a different reason.

RULONA states:

"SECTION 8. AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT.

"(a)A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:

"(1)the individual executing the record is competent or has the capacity to execute the record; or..."

I don't get to explain the law to the signer, but I do get to evaluate whether the signer has a sufficient understanding of the document to make an informed decision about whether to sign. A signer should understand that a deed must be delivered to be effective, and if you don't know who the grantee is, it can't be delivered. If the signer lacks such a rudimentary understanding of the document, the signer is not competent to sign.
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