IL Notary IL-Notary Identifying and Avoiding Prohibited Acts and Conflicts of Interest 3 â Questions and Answers
Question 1: An Illinois notary who is fluent in Spanish advertises herself as a 'Notario PĂșblico' to serve the Latino community. Why is this problematic?
- It is only problematic if she charges more than the maximum fee
- In Latin American countries, a 'Notario PĂșblico' is an attorney, so the title can mislead immigrants into believing she provides legal services (Correct answer)
- It is perfectly fine because 'Notario PĂșblico' is merely the Spanish translation of 'Notary Public'
- It is allowed only if she includes a disclaimer on her business cards
Correct answer: In Latin American countries, a 'Notario PĂșblico' is an attorney, so the title can mislead immigrants into believing she provides legal services
Using the title 'Notario PĂșblico' exploits the cultural meaning of the term, which implies legal authority, and is prohibited in Illinois as it constitutes deceptive practice.
Question 2: Which of the following is a prohibited act for an Illinois notary under the Notary Public Act?
- Certifying a photocopy of a non-vital-record document
- Backdating a notarial certificate to the date the document was originally signed (Correct answer)
- Notarizing a document in a language the notary does not read
- Refusing to notarize a document with visible alterations
Correct 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.
Question 3: 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:
- Notarize the signature if the customer signs in the presence of two witnesses
- Refuse to perform the notarial act because satisfactory evidence of identity is required (Correct answer)
- Proceed and note in the journal that identity could not be verified
- Notarize it only if the amount of money involved is under $1,000
Correct 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.
Question 4: A notary is asked to notarize a document that is entirely in a foreign language he does not understand. The notary should:
- Notarize it because the notary's role is only to verify the signer's identity and signature, not to read the document (Correct answer)
- Decline because Illinois law requires notaries to understand every document they notarize
- Proceed only if the signer provides a certified translation
- Refuse unless a bilingual co-notary countersigns the certificate
Correct 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.
Question 5: Which behavior constitutes a conflict of interest that disqualifies an Illinois notary from performing a notarial act?
- The notary works for the bank that holds the mortgage on the property described in the document
- The notary is named as the sole heir in a will she is asked to notarize the testator's signature on (Correct answer)
- The notary personally dislikes the signer
- The notary charged the maximum statutory fee for the act
Correct 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.
Question 6: An Illinois notary notarizes a document and then discovers the signer used a false name. The notary should:
- Issue a corrected certificate with the signer's real name
- Do nothing because the notary fulfilled her duty by verifying the ID presented
- Report the incident to the Illinois Secretary of State and document it in the notary journal (Correct answer)
- Revoke the notarization immediately by crossing out the notarial certificate
Correct 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.
Question 7: Which of the following advertisements by an Illinois notary is prohibited?
- 'Licensed and Bonded Notary Public'
- 'Immigration documents notarized here â I can help you get your green card' (Correct answer)
- 'Mobile notary available 24/7'
- 'Notary services â $5 per signature'
Correct answer: 'Immigration documents notarized here â 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.
IL Notary IL-Notary Identifying and Avoiding Prohibited Acts and Conflicts of Interest 3
An Illinois notary who is fluent in Spanish advertises herself as a 'Notario PĂșblico' to serve the Latino community.
Why is this problematic?