1. Basis to refuse. A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:
A. The individual executing the record is competent or has the capacity to execute the record; or [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]
B. The individual’s signature is knowingly and voluntarily made. [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]

[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]

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Terms Used In Maine Revised Statutes Title 4 Sec. 1908

  • Notarial act: includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy and noting a protest of a negotiable instrument or loss in mercantile usage. See Maine Revised Statutes Title 4 Sec. 1902
  • Notarial officer: means a notary public or other individual authorized to perform a notarial act. See Maine Revised Statutes Title 4 Sec. 1902
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 4 Sec. 1902
  • Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Maine Revised Statutes Title 4 Sec. 1902
2. Refusal permitted unless otherwise required. A notarial officer may refuse to perform a notarial act unless refusal is prohibited by a law other than this chapter.

[PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).]

SECTION HISTORY

PL 2021, c. 651, Pt. A, §4 (NEW). PL 2021, c. 651, Pt. A, §8 (AFF).