IL Notary State Laws and Regulations 2 — Questions and Answers
Question 1: Which Illinois state official is responsible for commissioning notaries public?
- The Governor
- The Secretary of State (Correct answer)
- The Attorney General
- The Chief Justice of the Supreme Court
Correct answer: The Secretary of State
The Illinois Secretary of State is responsible for commissioning notaries public.
In Illinois, the Secretary of State is the state official responsible for commissioning notaries public.
Question 2: What are the basic eligibility requirements to become a notary public in Illinois?
- Must be 21 years old and a U.S. citizen
- Must be 18 years old, a resident of Illinois (or work in Illinois), and not a convicted felon (Correct answer)
- Must be 25 years old with a college degree
- Must be an attorney licensed in Illinois
Correct answer: Must be 18 years old, a resident of Illinois (or work in Illinois), and not a convicted felon
Illinois requires applicants to be at least 18, reside in or work in Illinois, and have no felony convictions.
To be eligible for a notary commission in Illinois, a person must be at least 18 years old, be a resident or work primarily in Illinois, and not have been convicted of a felony.
Question 3: Under the Illinois Notary Public Act, what is the geographic scope of a notary's authority?
- Limited to their county of residence
- Limited to their congressional district
- Statewide throughout Illinois (Correct answer)
- Nationwide
Correct answer: Statewide throughout Illinois
An Illinois notary's commission authorizes them to perform notarial acts anywhere within the state.
While a notary files their bond and oath in their county of residence, their commission grants statewide authority.
Question 4: What law governs electronic notarization in Illinois?
- The federal ESIGN Act only
- The Illinois Electronic Notarization Act (Correct answer)
- The Uniform Electronic Transactions Act only
- There is no law governing electronic notarization in Illinois
Correct answer: The Illinois Electronic Notarization Act
The Illinois Electronic Notarization Act specifically governs electronic notarization.
Illinois has enacted the Illinois Electronic Notarization Act, which specifically addresses requirements for electronic notarization.
Question 5: Can the Illinois Secretary of State revoke a notary's commission? Under what circumstances?
- Never; only a court can revoke a commission
- Yes, for misconduct, fraud, or violations of the Notary Public Act (Correct answer)
- Only if the notary requests it
- Only after three formal complaints
Correct answer: Yes, for misconduct, fraud, or violations of the Notary Public Act
The Secretary of State has authority to revoke a commission for misconduct, fraud, or violations.
The Illinois Secretary of State has broad authority to revoke or suspend a notary's commission.
Question 6: What is the penalty for impersonating a notary public in Illinois?
- A verbal warning from the Secretary of State
- A civil fine of $100
- Criminal prosecution as it constitutes a crime (Correct answer)
- Community service only
Correct answer: Criminal prosecution as it constitutes a crime
Impersonating a notary public is a criminal offense in Illinois.
Impersonating a notary public in Illinois is a criminal offense because it involves fraudulently assuming the authority of a public official.
Which Illinois state official is responsible for commissioning notaries public?