IL Notary - Illinois Notary Exam Identifying and Avoiding Prohibited Acts and Conflicts of Interest 1 — Questions and Answers
Question 1: An Illinois notary who is also a real estate agent is closing a sale in which she will earn a commission. May she notarize any of the transaction documents?
- Yes, as long as the buyer and seller both consent in writing
- Yes, because earning a commission does not create a legal interest in the document
- No, because she has a financial interest in the transaction (Correct answer)
- No, only if her employing broker approves
Correct answer: No, because she has a financial interest in the transaction
Illinois law prohibits a notary from notarizing documents in which the notary has a direct financial interest. Earning a commission from the sale creates exactly that kind of financial interest, disqualifying the notary regardless of the parties' consent.
Question 2: A notary public in Illinois is asked to notarize a document that names the notary as the sole beneficiary of a life insurance policy. What is the correct course of action?
- Proceed, because being a beneficiary is not the same as being a party to the document
- Refuse, because the notary has a direct beneficial interest in the document (Correct answer)
- Proceed only if a supervising attorney is present
- Refuse only if the policy value exceeds $10,000
Correct answer: Refuse, because the notary has a direct beneficial interest in the document
When a notary stands to gain directly from a document — including as a named beneficiary — the notary has a disqualifying interest and must decline to perform the notarization. The dollar amount and presence of an attorney are irrelevant to this prohibition.
Question 3: Which of the following statements about an Illinois notary advertising notary services in a language other than English is TRUE?
- It is always prohibited unless the notary holds a bilingual certification
- It is permitted only in counties where that language is co-official
- It is allowed, but the advertisement must include a disclaimer that the notary is not an attorney and cannot give legal advice (Correct answer)
- It is allowed without restriction as long as the fees charged are accurate
Correct answer: It is allowed, but the advertisement must include a disclaimer that the notary is not an attorney and cannot give legal advice
Illinois law allows notaries to advertise in languages other than English, but requires the advertisement to clearly state that the notary is not an attorney licensed to practice law in Illinois and cannot give legal advice, preventing consumers from confusing notarial services with legal representation.
Question 4: An Illinois notary uses the title 'Notario Público' in Spanish-language advertising without including the required disclaimer. This constitutes:
- A minor clerical error with no legal consequence
- A prohibited act that may result in suspension or revocation of the notary's commission (Correct answer)
- A violation only if the notary also charged a fee for services
- Permissible because 'Notario Público' is a direct translation of 'Notary Public'
Correct answer: A prohibited act that may result in suspension or revocation of the notary's commission
In many Spanish-speaking countries 'Notario Público' denotes an attorney with broad legal powers. Illinois law specifically addresses this by requiring disclaimers in non-English advertising. Omitting the disclaimer is a prohibited act that can lead to disciplinary action including suspension or revocation.
Question 5: An Illinois notary is asked by her employer to notarize a document the employer has prepared, but the notary has not personally watched the signer sign the document and the signer is not present. The notary should:
- Complete the notarization and date it with today's date since the employer's instructions are sufficient
- Refuse, because a proper acknowledgment or jurat requires the signer to personally appear before the notary (Correct answer)
- Proceed only if the employer signs an indemnification agreement
- Proceed if the document is notarized within 24 hours of the actual signing
Correct answer: Refuse, because a proper acknowledgment or jurat requires the signer to personally appear before the notary
Illinois law requires the signer to personally appear before the notary at the time of notarization. Notarizing without the signer present is a prohibited act and constitutes a false notarization, regardless of employer instructions or the timing of the actual signing.
Question 6: A notary in Illinois is asked to certify that a photocopy of a document is a 'true and correct' copy of an original vital record such as a birth certificate issued by a government agency. What should the notary do?
- Complete the copy certification, as this is a standard notarial act available to all Illinois notaries
- Refuse, because Illinois notaries are prohibited from certifying copies of vital records or government-issued documents (Correct answer)
- Proceed only if the requester provides a signed affidavit explaining the purpose
- Proceed only if the original issuing agency provides written permission
Correct answer: Refuse, because Illinois notaries are prohibited from certifying copies of vital records or government-issued documents
Illinois notaries may not certify copies of vital records such as birth certificates, death certificates, or other government-issued official documents; those copies must be obtained directly from the issuing government agency. Performing such a certification is a prohibited act.
IL Notary - Illinois Notary Exam Identifying and Avoiding Prohibited Acts and Conflicts of Interest 1
An Illinois notary who is also a real estate agent is closing a sale in which she will earn a commission.
May she notarize any of the transaction documents?