Key Takeaways
- Notary must refuse if unable to satisfactorily identify the signer
- Red flags include mismatched information, nervous behavior, or suspicious documents
- Notary should document reasons for refusal in journal
- Never notarize if you suspect fraud or coercion
- Trust your instincts — when in doubt, refuse
Last updated: January 2026
When to Refuse Notarization Based on Identity
A notary must refuse to perform a notarization when identity cannot be satisfactorily established or when red flags suggest problems.
Mandatory Refusal Situations
You must refuse to notarize when:
| Situation | Reason |
|---|---|
| Cannot verify identity | No acceptable ID and no credible witness |
| ID appears fraudulent | Suspected fake, altered, or tampered document |
| Photo doesn't match | Person presenting ID doesn't look like photo |
| Name doesn't match | Name on ID differs from document name |
| ID expired > 3 years | Outside acceptable timeframe |
| Signer cannot communicate | Cannot understand proceedings |
Red Flags to Watch For
Document Red Flags
| Red Flag | Concern |
|---|---|
| ID looks altered | Potential fraud |
| Lamination peeling | May be tampered |
| Photo appears replaced | Identity theft |
| Information inconsistent | Different DOB, address, etc. |
| Unusual security features | May be counterfeit |
Behavioral Red Flags
| Red Flag | Concern |
|---|---|
| Signer extremely nervous | May be coerced |
| Someone coaching signer | Undue influence |
| Signer confused about document | May not understand |
| Rushing the process | Hiding something |
| Signer cannot answer basic questions | Identity concerns |
| Another person provides all answers | Potential fraud |
When to Refuse (Even with Valid ID)
A valid ID does not override other concerns:
| Situation | Action |
|---|---|
| Signer appears coerced | Refuse |
| Signer appears mentally incapacitated | Refuse |
| Signer doesn't understand the document | Refuse |
| You suspect fraud | Refuse |
| Signer is unwilling | Refuse |
| Someone else is dictating answers | Refuse |
How to Refuse
- Be professional — Don't accuse or confront
- Be general — "I'm not able to complete this notarization"
- Don't lecture — Avoid detailed explanations
- Document — Note the refusal and reason in your journal
- Suggest alternatives — "You may want to try another notary"
Documenting Refusals
Consider noting in your journal:
- Date and time
- Name of person (if known)
- Type of document
- Reason for refusal (brief)
- Any ID presented
Legal Protection
Montana law protects notaries who:
- Refuse notarizations in good faith
- Follow proper procedures
- Use reasonable judgment
Remember: It's better to refuse a legitimate transaction than to complete a fraudulent one.
On the Exam
- Must refuse: If identity cannot be verified
- Red flags: Know common warning signs
- Document refusals: Record in journal
- Professional manner: Refuse without accusations
- Protection: Law protects good-faith refusals
Test Your Knowledge
A signer presents a valid ID, but someone else in the room keeps answering questions for them. What should the notary do?
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Test Your Knowledge
How should a notary refuse a notarization?
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D