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

An Illinois notary who is fluent in Spanish advertises herself as a 'Notario Público' to serve the Latino community. Why is this problematic?

Answer: In Latin American countries, a 'Notario Público' is an attorney, so the title can mislead immigrants into believing she provides legal services

Using the title 'Notario Público' exploits the cultural meaning of the term, which implies legal authority, and is prohibited in Illinois as it constitutes deceptive practice.

Which of the following is a prohibited act for an Illinois notary under the Notary Public Act?

Answer: Backdating a notarial certificate to the date the document was originally signed

Backdating a notarial certificate is fraudulent and expressly prohibited; the certificate must reflect the actual date the notarial act was performed.

A customer insists that a notary notarize her signature even though she refuses to present any identification and is not personally known to the notary. The notary should:

Answer: Refuse to perform the notarial act because satisfactory evidence of identity is required

Illinois law requires a notary to positively identify every signer through personal knowledge, acceptable ID, or credible witnesses before performing a notarial act.

A notary is asked to notarize a document that is entirely in a foreign language he does not understand. The notary should:

Answer: Notarize it because the notary's role is only to verify the signer's identity and signature, not to read the document

A notary is not required to read or understand the document; the notary's duty is to verify the signer's identity and willing signature, not to comprehend the document's content.

Which behavior constitutes a conflict of interest that disqualifies an Illinois notary from performing a notarial act?

Answer: The notary is named as the sole heir in a will she is asked to notarize the testator's signature on

Being named as a beneficiary in the document gives the notary a direct financial interest, creating a disqualifying conflict of interest.

An Illinois notary notarizes a document and then discovers the signer used a false name. The notary should:

Answer: Report the incident to the Illinois Secretary of State and document it in the notary journal

When a notary discovers fraud involving her notarial act, she should report it to the Illinois Secretary of State and preserve the journal record as evidence.

Which of the following advertisements by an Illinois notary is prohibited?

Answer: 'Immigration documents notarized here — I can help you get your green card'

Advertising immigration assistance implies the notary can provide legal immigration services, which constitutes unauthorized practice of law and is prohibited.