When a Notary Has the Right to Refuse to Certify Documents: A Complete List of Legal Grounds

Notarial certification of a contract, power of attorney, or other document is not an automatic procedure even if all necessary papers are available. Before performing a notarial act, the notary is obliged to verify whether it complies with legal requirements and to ensure that the rights and interests of the parties involved are not violated. If circumstances contrary to the law are found, the notary must refuse to perform the notarial act. At the same time, such refusal must be properly documented, and the citizen has the right to appeal it in court.

Why a Notary May Refuse to Perform a Notarial Act

Notarial acts are intended not only to ensure the realization of citizens' rights but also to guarantee the legality of transactions. Therefore, before certifying documents, the notary checks whether all legal requirements have been met. If a violation is found, the notary has no right to perform the corresponding notarial act.

A notary’s refusal to perform a notarial act is lawful if:

• its execution contradicts the requirements of Ukrainian legislation;
• the applicant has not provided documents or information without which the notarial act cannot be performed;
• the matter falls within the competence of another notary or an official authorized to perform notarial acts;
• there are doubts about the person’s ability to understand the significance of their actions, their legal consequences, or there are grounds to believe they are acting under duress;
• the person applying has been legally declared incapacitated, or their representative lacks proper authority;
• a transaction on behalf of a legal entity does not correspond to its statutory purposes or exceeds the scope of its activities;
• payment for the notarial act has not been made;
• other mandatory payments required by law have not been paid;
• the property owner intending to alienate it is included in the Unified Register of Debtors;
• there are other grounds defined by law.

When Being Listed in the Unified Register of Debtors Is Not an Obstacle

However, the law provides an exception. The mere fact of a state or municipal enterprise being entered in the Unified Register of Debtors does not prevent the certification of a sale contract if such a contract is concluded during the privatization of a single property complex.

What to Do If the Notary Refuses

In case of refusal to perform a notarial act, the person has the right to demand a written explanation of the reasons for such a decision.

The notary is obliged not only to state the reasons for refusal but also to explain the procedure for appealing it. In addition, within three working days, the notary must issue a written order of refusal to perform the notarial act.

How to Appeal a Notary’s Refusal

A notarial act or refusal to perform it may be appealed in court. If a person believes that the notary unjustifiably refused to certify a document or perform another notarial act, they have the right to go to court to protect their rights.

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