Utah Notary Practice Test

Can a notary refuse to perform a notarization based solely on the document's content?

1. Yes, always

2. No, never

3. Yes, if it is illegal

4. No, if the document is lawful

The correct answer is: No, if the document is lawful

The reasoning behind the correct choice rests on the principles governing notary practices. A notary's primary role is to verify the identity of the person signing the document and to ensure that they are doing so willingly and without fraud. This means that as long as the document in question is lawful, the notary does not have the authority to refuse notarization based solely on the content of the document. In this context, if a document is legal and follows all required regulations, the notary must perform the notarization. The nature or content of the document—whether it is a contract, affidavit, or any other legal form—cannot be a determining factor for refusal, as the notary is not responsible for the legality or validity of the document's content beyond verifying the identity of the signer and their understanding of what they are signing. Other options indicate scenarios where refusal could be warranted but do not accurately capture the essence of a notary’s responsibilities when it comes to lawful documents. A notary cannot refuse a request simply because they may personally disapprove of a document's content, as this would go against the impartial nature required of notaries.