IL Notary - Illinois Notary Electronic & Remote Notarization Questions and Answers 1 — Questions and Answers
Question 1: An Illinois notary is asked to perform a remote notarization for a principal who is physically located in another state. The document is a paper record that will be signed in ink. Which of the following is true regarding this scenario?
- The notary can perform the notarization as long as the notary is physically located in Illinois.
- Both the notary and the principal must be physically located in Illinois at the time of the notarial act. (Correct answer)
- The notary can perform the notarization as long as the document pertains to property in Illinois.
- Remote notarizations are only permitted for electronic documents, not paper records.
Correct answer: Both the notary and the principal must be physically located in Illinois at the time of the notarial act.
According to the Illinois Notary Public Act, for a remote notarial act (involving paper documents and wet ink signatures), both the notary public and the principal (the signatory) must be physically located within the state of Illinois at the time of the audio-video communication.
Question 2: Which of the following is a key distinction between an 'electronic notarization' and a 'remote notarization' as defined by Illinois law?
- Electronic notarization involves paper documents, while remote notarization involves electronic documents.
- Remote notarization requires a special commission, while any standard notary can perform an electronic notarization.
- Electronic notarization is performed on electronic documents, while remote notarization is performed on paper documents. (Correct answer)
- Only electronic notarizations require an audio-video recording of the session.
Correct answer: Electronic notarization is performed on electronic documents, while remote notarization is performed on paper documents.
In Illinois, the terminology is specific. 'Electronic notarization' refers to a notarization where the document itself is electronic. 'Remote notarization' refers to a notarization of a tangible, paper document where the signer appears before the notary using audio-video technology.
Question 3: A notary public wishes to offer both remote and electronic notarization services in Illinois. What is the total required bond amount they must obtain?
- $5,000
- $25,000
- $30,000 (Correct answer)
- $50,000
Correct answer: $30,000
An Illinois notary who performs electronic or remote notarizations must have a combined bond of $30,000. This is higher than the $5,000 bond required for a traditional notary who only performs in-person, paper-based notarizations.
Question 4: For every electronic notarial act performed using audio-video communication, an Illinois Electronic Notary must create and retain a recording. What is the minimum retention period for this audio-video recording?
- 3 years
- 5 years
- 7 years (Correct answer)
- 10 years
Correct answer: 7 years
The administrative rules for the Illinois Notary Public Act require that the audio-video recording of an electronic notarization be securely retained for a minimum of 7 years after the date of the notarial act.
Question 5: An Illinois Electronic Notary is performing an electronic notarization for a signer appearing via audio-video communication. The notary does not personally know the signer. Which of the following identity verification methods is required?
- The oath of a single credible witness known to the signer.
- Remote presentation of a government-issued ID and answering knowledge-based authentication questions. (Correct answer)
- A video call where the signer shows their driver's license to the camera.
- An email from the signer's attorney vouching for their identity.
Correct answer: Remote presentation of a government-issued ID and answering knowledge-based authentication questions.
For an electronic notarization with a remotely located individual not personally known to the notary, Illinois law requires a multi-factor authentication process. This includes remote presentation of a government-issued ID, credential analysis of that ID, and a dynamic knowledge-based authentication assessment (KBA).
Question 6: All of the following are required components of the technology used for a remote notarization in Illinois EXCEPT:
- The ability for the notary and principal to see and speak to each other in real-time.
- A method to confirm the document being signed is the same one being notarized.
- A biometric fingerprint scanner for the remotely located principal. (Correct answer)
- The system must provide synchronous (simultaneous) audio-video feeds.
Correct answer: A biometric fingerprint scanner for the remotely located principal.
Illinois law mandates that the audio-video communication technology must be synchronous, allow the parties to see and speak to each other, and provide a way for the notary to reasonably confirm the document's integrity. However, there is no requirement for biometric verification like a fingerprint scan for the principal.
An Illinois notary is asked to perform a remote notarization for a principal who is physically located in another state.
The document is a paper record that will be signed in ink.
Which of the following is true regarding this scenario?