IL Notary Document Handling and Verification 1 — Questions and Answers
Question 1: What should an Illinois notary do if a document is presented for notarization but is incomplete?
- Notarize the document and let the signer complete it later
- Notarize the document as long as the signature is on it
- Refuse to notarize the document until it is properly completed (Correct answer)
- Notarize the document and make a note in the journal about its incompleteness
Correct answer: Refuse to notarize the document until it is properly completed
A notary's role is to verify signatures and administer oaths, not to draft or complete documents. Notarizing an incomplete document could facilitate fraud or lead to legal issues if information is added later without the signer's knowledge. Therefore, an Illinois notary must refuse to notarize until all blanks are filled in and the document is fully prepared for signing.
Question 2: How should an Illinois notary verify the identity of a signer who does not have a government-issued ID?
- Accept the signer's personal identification card without verifying its authenticity
- Use personal knowledge of the signer’s identity if it is reliable (Correct answer)
- Proceed with notarization based solely on the signer's verbal statement of identity
- Notarize the document and assume the signer is truthful
Correct answer: Use personal knowledge of the signer’s identity if it is reliable
While government-issued identification is the primary method, Illinois law allows a notary to verify identity through personal knowledge if the notary has known the signer for a sufficient period to be certain of their identity. This means the notary can confidently attest to the signer's identity based on their long-standing relationship. This method is an acceptable alternative when traditional ID is unavailable, provided the notary is absolutely certain.
Question 3: What is the correct procedure for an Illinois notary to follow if the signer is unable to sign the document themselves?
- Have someone else sign on behalf of the signer without further steps
- Notarize the document with a different person signing on behalf of the signer
- Notarize the document only if the signer makes a mark and the notary witnesses it
- Require the signer to have a representative sign the document and witness the process (Correct answer)
Correct answer: Require the signer to have a representative sign the document and witness the process
If a signer is physically unable to sign, Illinois law allows for a 'signature by mark' or for another individual to sign on their behalf, often called a 'signature by proxy' or 'assisted signing.' In such cases, the signer must direct the representative to sign, and the notary must witness this direction and the representative's signature. This ensures the act is still the signer's intention and is properly documented.
Question 4: When handling a document with a notarization request, what is essential for an Illinois notary to verify before proceeding?
- That the document is properly executed and the required signatures are present (Correct answer)
- That the document is printed on official letterhead
- That the document contains a notarization block with a notary signature
- That the document includes a specific number of pages
Correct answer: That the document is properly executed and the required signatures are present
Before notarizing, an Illinois notary must ensure the document is ready for the notarial act. This includes verifying that all necessary blanks are filled, and that the document is complete and properly prepared for the signer's signature. The notary's role is to confirm the signer's identity and willingness, not to complete the document itself.
Question 5: How should an Illinois notary handle a situation where a document appears to be altered or tampered with?
- Proceed with notarization if the signer insists it is correct
- Notarize the document but make a note of the alteration in the journal
- Refuse to notarize the document and inform the signer about the potential issue (Correct answer)
- Alter the document back to its original state before notarizing
Correct answer: Refuse to notarize the document and inform the signer about the potential issue
A notary's primary duty is to prevent fraud and maintain the integrity of documents. If an Illinois notary observes alterations or tampering that raise suspicion about the document's authenticity, they must refuse to perform the notarization. It is also good practice to inform the signer of the reason for refusal, advising them to address the issue before seeking notarization again.
IL Notary Document Handling and Verification 1
What should an Illinois notary do if a document is presented for notarization but is incomplete?