When should a notary public refrain from performing a notarial act?

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A notary public should refrain from performing a notarial act if they have a conflict of interest. A conflict of interest arises when the notary's impartiality is compromised, either because they stand to gain from the transaction or because the interests of the parties involved are directly adverse. Notaries are required to act impartially and independently to ensure the integrity of the notarization process. If a notary has a vested interest in the transaction or a close personal relationship with one of the parties, they should decline to perform the act to maintain the necessary level of impartiality and to uphold public trust in the notarial process.

While providing ID, handling incomplete documents, or the date being a holiday may present challenges, they do not inherently compromise the notary's ability to remain impartial in the same way that a conflict of interest does. Incomplete documents or absence of identification can be addressed through proper protocols, and holidays may not affect the integrity of the act; however, a conflict of interest fundamentally undermines the ethical obligations of a notary public.

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