IL Notary - Illinois Notary Performing Notarial Acts Questions and Answers 1 — Questions and Answers
Question 1: An Illinois notary is asked to perform a jurat. Which of the following is a required action for this notarial act?
- The notary must witness the document being signed. (Correct answer)
- The signer must acknowledge that they signed the document willingly.
- The document can be signed before the signer appears before the notary.
- The notary must determine the legality of the document's contents.
Correct answer: The notary must witness the document being signed.
For a jurat, also known as a verification upon oath or affirmation, the signer must personally appear before the notary and sign the document in the notary's presence. The notary then administers an oath or affirmation to the signer, who swears or affirms that the statements in the document are true.
Question 2: A client presents a document for notarization in Illinois but is unsure whether they need an acknowledgment or a jurat. What is the appropriate action for the notary to take?
- Advise the client to contact the document's originator or a legal professional for guidance. (Correct answer)
- Choose the acknowledgment because it is the most common notarial act.
- Explain the differences and let the client choose the notarial act.
- Refuse to notarize the document since the client is uncertain.
Correct answer: Advise the client to contact the document's originator or a legal professional for guidance.
An Illinois notary public is prohibited from choosing the type of notarial act for a signer, as this would constitute the unauthorized practice of law. The notary should inform the signer that they cannot make that decision and advise them to contact the person or entity that issued the document or an attorney to determine the correct certificate.
Question 3: According to Illinois law, which of the following pieces of information is NOT required to be recorded in a notary's journal for every notarial act?
- The signer's driver's license number. (Correct answer)
- The fee charged, if any.
- The date of the notarization.
- The title or a description of the document notarized.
Correct answer: The signer's driver's license number.
While Illinois law requires notaries to maintain a journal with specific details for each notarial act, it explicitly prohibits recording identification numbers from government-issued IDs like a driver's license. Required entries include the principal's name, date, document description, fee charged, and location of the notarization.
Question 4: An Illinois notary is asked to notarize a document for their sibling. The document is a real estate transaction in which the notary has no financial interest. Which of the following is true?
- Illinois law does not explicitly prohibit notarizing for relatives, but it is discouraged to avoid the appearance of a conflict of interest. (Correct answer)
- It is strictly prohibited for a notary to notarize any document for an immediate family member.
- The notary can only notarize for a sibling if a credible witness, who is not a family member, is present.
- The notary may notarize the document but must charge the maximum allowable fee to ensure impartiality.
Correct answer: Illinois law does not explicitly prohibit notarizing for relatives, but it is discouraged to avoid the appearance of a conflict of interest.
The Illinois Notary Public Act does not specifically prohibit a notary from notarizing for a relative. However, it is strongly recommended to avoid doing so, especially if the notary has any beneficial interest in the transaction, to prevent any potential challenges to the notarization based on a conflict of interest.
Question 5: What is the maximum fee an Illinois notary public may charge for a single, non-electronic (traditional) notarial act?
- $5.00 (Correct answer)
- $1.00
- $10.00
- $25.00
Correct answer: $5.00
As per the Illinois Notary Public Act, the maximum fee for any single non-electronic notarial act is $5. Notaries must inform the signer of the fee before performing the act.
Question 6: When performing a notarial act in Illinois, a notary must positively identify the signer. Which of the following is an acceptable method of identification?
- The oath or affirmation of a credible witness who is personally known to the notary. (Correct answer)
- The signer showing the notary a credit card with a photograph.
- The notary recognizing the signer from a social media profile picture.
- The signer presenting an expired driver's license.
Correct answer: The oath or affirmation of a credible witness who is personally known to the notary.
Illinois law permits a notary to identify a signer through the oath or affirmation of a credible witness. This witness must be someone the notary personally knows and who also personally knows the signer. Other acceptable methods include the notary's personal knowledge of the signer or a valid, current government-issued identification document with a photo and signature.
IL Notary - Illinois Notary Performing Notarial Acts Questions and Answers 1
An Illinois notary is asked to perform a jurat.
Which of the following is a required action for this notarial act?