Identifying and Avoiding Prohibited Acts and Conflicts of Interest 1 Flashcards

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?

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.

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?

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.

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

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.

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

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.

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:

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.

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?

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.