IL Notary - Illinois Notary Exam Identifying and Avoiding Prohibited Acts and Conflicts of Interest 1

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?

Accepted Answer

No, because she has a financial interest in the transaction

Answer

Yes, as long as the buyer and seller both consent in writing

Answer

Yes, because earning a commission does not create a legal interest in the document

Answer

No, only if her employing broker approves

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?

Accepted Answer

Refuse, because the notary has a direct beneficial interest in the document

Answer

Proceed, because being a beneficiary is not the same as being a party to the document

Answer

Proceed only if a supervising attorney is present

Answer

Refuse only if the policy value exceeds $10,000

Question 3

Which of the following statements about an Illinois notary advertising notary services in a language other than English is TRUE?

Accepted Answer

It is allowed, but the advertisement must include a disclaimer that the notary is not an attorney and cannot give legal advice

Answer

It is always prohibited unless the notary holds a bilingual certification

Answer

It is permitted only in counties where that language is co-official

Answer

It is allowed without restriction as long as the fees charged are accurate

Question 4

An Illinois notary uses the title 'Notario Público' in Spanish-language advertising without including the required disclaimer. This constitutes:

Accepted Answer

A prohibited act that may result in suspension or revocation of the notary's commission

Answer

A minor clerical error with no legal consequence

Answer

A violation only if the notary also charged a fee for services

Answer

Permissible because 'Notario Público' is a direct translation of 'Notary Public'

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:

Accepted Answer

Refuse, because a proper acknowledgment or jurat requires the signer to personally appear before the notary

Answer

Complete the notarization and date it with today's date since the employer's instructions are sufficient

Answer

Proceed only if the employer signs an indemnification agreement

Answer

Proceed if the document is notarized within 24 hours 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?

Accepted Answer

Refuse, because Illinois notaries are prohibited from certifying copies of vital records or government-issued documents

Answer

Complete the copy certification, as this is a standard notarial act available to all Illinois notaries

Answer

Proceed only if the requester provides a signed affidavit explaining the purpose

Answer

Proceed only if the original issuing agency provides written permission