IL-Notary Identifying and Avoiding Prohibited Acts and Conflicts of Interest Flashcards

An Illinois notary is asked to notarize their spouse's signature on a deed for a property they jointly own. What should the notary do?

Answer: Refuse to notarize because it is a prohibited conflict of interest.

A notary cannot notarize a document in which they are a named party or have a direct beneficial or financial interest. Jointly owning the property constitutes a direct beneficial interest, creating a prohibited conflict of interest.

A signer presents a document and asks the notary, 'Should I use an acknowledgment or a jurat for this?' How must the notary respond?

Answer: Explain that they cannot choose the certificate and must ask the document's originator or a lawyer.

Choosing the type of notarial certificate for a signer is considered giving legal advice, which constitutes the Unauthorized Practice of Law (UPL) for a non-attorney notary. The notary must always have the signer choose the type of notarization required.

Under what circumstances may an Illinois notary advertise their services using the phrase 'Notario Publico'?

Answer: If they are also a licensed Illinois attorney.

The term 'Notario Publico' can be misleading to the public, as it implies the authority of a high-level attorney in many Latin American countries. To prevent this confusion and potential fraud, Illinois law strictly prohibits its use unless the notary is also a licensed attorney in good standing.

A signer presents a contract for notarization, but the space for the final payment amount is left blank. The signer promises to fill it in later. The notary should:

Answer: Refuse to notarize the document until the blank space is filled in.

A notary must refuse to notarize any document that contains blank spaces or is otherwise incomplete. Notarizing an incomplete document creates an opportunity for fraud after the fact. The notary should instruct the signer to fill in the blank space or line through it before the notarization can proceed.

Which of the following acts is strictly prohibited for an Illinois Notary Public?

Answer: Notarizing their own signature.

A notary public serves as an impartial, third-party witness to a transaction. Notarizing one's own signature is a fundamental violation of this principle and a clear conflict of interest. A notary can never be a signer on a document for which they are also performing the notarization.

A client asks a notary to change the date on a notarial certificate to the previous business day to meet a deadline. The notary must:

Answer: Refuse the request as it is illegal and unethical.

The date in the notarial certificate must reflect the actual date the signer appeared before the notary and the notarization was performed. Knowingly entering a false date is a prohibited act known as issuing a false certificate, which can result in severe penalties, including commission revocation and criminal charges.