IL Notary IL-Notary Identifying and Avoiding Prohibited Acts and Conflicts of Interest 2

Question 1

An Illinois notary is asked to notarize a deed in which she is named as the grantee (recipient of property). What must she do?

Accepted Answer

Decline because she has a direct financial interest in the document

Answer

Notarize it since she is not the grantor

Answer

Notarize it only if a supervisor approves

Answer

Notarize it and disclose the conflict in a separate letter

Question 2

Which of the following best describes an Illinois notary's obligation when a signer requests legal advice about the document being notarized?

Accepted Answer

Refuse to give legal advice and refer the signer to an attorney

Answer

Provide basic guidance but disclaim it is not legal advice

Answer

Answer only if the notary has a law degree

Answer

Explain the document fully as part of good notarial service

Question 3

A notary's spouse asks her to notarize his signature on a home equity loan agreement. The notary has no financial interest in the loan. Under Illinois law, what is the best course of action?

Accepted Answer

Decline due to the appearance of a conflict of interest and lack of impartiality

Answer

Notarize it freely because she has no financial interest

Answer

Notarize it only if another witness is present

Answer

Notarize it but charge double the normal fee as a conflict disclosure

Question 4

Under Illinois law, which action by a notary constitutes an unauthorized practice of law?

Accepted Answer

Selecting which notarial act—acknowledgment vs. jurat—is appropriate for a signer's document

Answer

Refusing to notarize a document with blank spaces

Answer

Administering an oath to a witness

Answer

Certifying a copy of a driver's license

Question 5

A notary is also a commissioned real estate agent. He is asked to notarize a purchase agreement in a transaction from which he will earn a commission. This is:

Accepted Answer

A disqualifying conflict of interest because he has a financial interest in the transaction

Answer

Permissible as long as he discloses his role as agent

Answer

Acceptable because real estate professionals routinely notarize their own deals

Answer

Permitted only if the buyer waives the conflict in writing

Question 6

An Illinois notary charges $25 per notarial act. The Illinois maximum fee is $5 per signature. The notary's overcharging is:

Accepted Answer

A prohibited act that can result in suspension or revocation of the commission

Answer

Permissible if both parties agree in writing

Answer

Fine as long as the notary is a private employee not working for a government agency

Answer

Acceptable for after-hours or weekend notarizations

Question 7

A notary who is also a paralegal fills in blank spaces on a legal contract at the client's direction before notarizing the client's signature. This conduct is:

Accepted Answer

Prohibited because completing blank spaces in legal documents is the practice of law

Answer

Allowed because the client authorized it

Answer

Fine as long as the notary notes the additions in the notarial certificate

Answer

Permitted only for simple fill-in-the-blank forms