What is a notary public’s obligation when they suspect fraud?

A notary public has a critical responsibility to uphold the integrity of the notarial process. When a notary suspects fraud, they must refuse to proceed with the notarial act. This obligation is designed to protect all parties involved, as well as to maintain the public trust in the notary's role as an impartial witness.

If a notary proceeds with a transaction that they suspect involves fraudulent activities, they could inadvertently become complicit in the fraud and expose themselves to legal liability. By refusing the notarial act, the notary acts as a gatekeeper against potential deceit and unauthorized transactions, ensuring that the documents signed are genuine and that the parties involved are acting in good faith.

In this context, while there may be a duty to alert authorities in certain circumstances, the immediate and necessary action when fraud is suspected is to refuse to notarize the documents in question. This decision serves as a protective measure for both the notary public and the public at large.