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26. 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;

(2) the individual’s signature is knowingly and voluntarily made;

(3) the individual’s signature on the record or statement substantially conforms to the signature on a form of identification used to determine the identity of the individual; or

(4) the physical appearance of the individual signing the record or statement substantially conforms to the photograph on a form of identification used to determine the identity of the individual.

b. A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than P.L.1979, c.460 (C. 52:7-10 et seq.), as amended and supplemented by P.L.2021, c.179 (C. 59:7-10.1 et al.).

L.2021, c.179, s.26.