IL Notary Performing Notarial Acts 2 — Questions and Answers
Question 1: What information must the venue in an Illinois notarial certificate state?
- The signer's county of residence
- The state and county where the notarial act was performed (Correct answer)
- The notary's county of commission
- The county where the document will be recorded
Correct answer: The state and county where the notarial act was performed
The venue identifies the state and county where the notarial act actually took place, not where the notary is commissioned or the signer resides.
Question 2: Which type of Illinois notarial act involves the signer making a sworn statement about the truth of a document's contents?
- Acknowledgment
- Copy certification
- Verification upon oath or affirmation (jurat) (Correct answer)
- Signature witnessing
Correct answer: Verification upon oath or affirmation (jurat)
A jurat requires the signer to swear or affirm that the document's contents are true, with the notary administering the oath before the signer signs.
Question 3: An Illinois notary must refuse to perform a notarial act when the notary:
- Is related to the signer by marriage
- Has a direct financial or beneficial interest in the transaction (Correct answer)
- Personally prepared the document being notarized
- Does not personally know the signer
Correct answer: Has a direct financial or beneficial interest in the transaction
Under the Illinois Notary Public Act, a notary is disqualified when they have a direct financial or beneficial interest in the transaction being notarized.
Question 4: What does an acknowledgment certify under Illinois law?
- That the document's contents are factually true
- That the signer appeared before the notary and voluntarily acknowledged executing the document (Correct answer)
- That the notary verified the document's legal enforceability
- That the signer is a U.S. citizen
Correct answer: That the signer appeared before the notary and voluntarily acknowledged executing the document
An acknowledgment confirms that the signer personally appeared before the notary and acknowledged that they signed the document voluntarily.
Question 5: Which of the following qualifies as satisfactory evidence of a signer's identity under Illinois law?
- A library card with a photograph
- A current state-issued driver's license or ID card (Correct answer)
- An employer-issued ID badge
- A school yearbook photograph
Correct answer: A current state-issued driver's license or ID card
Illinois law requires government-issued photo identification, such as a current driver's license or state ID card, as satisfactory evidence of identity.
Question 6: When performing a verification upon oath or affirmation (jurat) in Illinois, what step is mandatory before the signer signs the document?
- The notary must affix the seal to the document first
- The notary must administer an oath or affirmation to the signer (Correct answer)
- The notary must obtain approval from the document preparer
- The notary must verify the document's legal accuracy
Correct answer: The notary must administer an oath or affirmation to the signer
A jurat requires the notary to administer an oath or affirmation before the signer signs, making the signature a sworn act.
Question 7: Under the Illinois Notary Public Act (5 ILCS 312), a notary who willfully violates the Act is guilty of:
- A Class A misdemeanor (Correct answer)
- A petty offense
- A Class 3 felony
- A civil infraction with no criminal penalty
Correct answer: A Class A misdemeanor
Under 5 ILCS 312/7-101, willful violation of the Illinois Notary Public Act is a Class A misdemeanor, carrying criminal consequences.
IL Notary Performing Notarial Acts 2
What information must the venue in an Illinois notarial certificate state?