Illinois Notary Primer Flashcards

Notary Bond

• Provides financial coverage for damages caused by a Notary's actions, intentionally or unintentionally.

Reasonable Care

• Represents the attentiveness expected from a responsible person with normal intelligence.

Uniform Real Property Electronic Recording Act

• Establishes an electronic recording system for filing real property documents that are electronically signed and notarized.

Electronic Notarization Seal

• A physical imprint of the notary's seal is unnecessary if all required information is attached or associated with the electronic signature.

Certificate of Authority

• Verifies the authenticity of an official signature and seal, obtained from the county clerk's office or Secretary of State's index department.

Chain of Authentication Process

• Required for notarized documents being sent outside the United States.

Sources of Additional Authentication Certificates

• Provided by the U.S. Department of State, foreign consulates, or foreign ministries of affairs.

Apostille

• An authentication certificate recognized by countries under the Hague Convention, issued by the Secretary of State.

Notarizing One's Own Signature

• Not permitted; a Notary cannot notarize their own signature.

Financial or Beneficial Interest

• Notaries must avoid notarizing transactions in which they have a direct financial interest.

Disqualifying Interests in Real Estate

• Exists when the Notary is involved as a granter, grantee, mortgagor, mortgagee, lessor, lessee, or beneficiary.

Notarizing for Relatives

• Allowed in Illinois but not recommended due to potential bias and legal challenges regarding impartiality.

Identifying Financial Interests

• A Notary has a financial interest if they receive any advantage valued over the lawful notary fee.

Use of Credible Identifying Witness

• Necessary when a signer is not personally known or lacks reliable identification.

Qualifications for Credible Identifying Witness

• Must be known by the Notary and be able to affirm the signer's identity.

Administering Oath to Witness

• Compels the witness to be truthful during identification.

Signature by Mark

• Allowed when an individual cannot sign due to illiteracy or physical disability.

Witnesses for Mark Notarization

• Requires two witnesses in addition to the Notary, who must write the mark's name next to the mark.

Procedure for Notarizing a Mark

• Notary must identify the person, use the required certificate, and have two witnesses sign it.

Minors Signing Documents

• Minors can sign and notarize documents when involved in business transactions or serving as court witnesses.

Requirements for Notarizing Minors

• Need proof of the minor's identity, presence of a parent or legal guardian, and the minor must indicate their age next to the signature.

Notarizing Blank Documents

• Not allowed; a Notary cannot approve documents that are incomplete.

Handling Blanks in Documents

• Signers must indicate intended blanks as "N/A" or cross out, with Notary not instructing on this matter.

First Rule of Reasonable Care

• Notaries must comply with all applicable laws.

Personal Appearance Requirement

• Both the Notary and signer must be present physically.

Willingness of Signer

• Notary must confirm that the signer is signing voluntarily.

Awareness of Signer’s Understanding

• Assess whether the signer comprehends the transaction at hand.

Identification Methods

• Personal knowledge, reliable ID cards, or affirmation from a credible identifying witness.

Personal Knowledge Defined

• Familiarity resulting from sufficient interaction to eliminate doubts about the signer's identity.

Acceptable Identification Documents

• Must be valid, issued by a government entity, and contain both a photo and the bearer’s signature.

Identification for Minors

• In absence of acceptable ID, personal knowledge or credible witness affirmation can be used.

Notarizing Fax or Copies

• Permitted if the signature is original; copies or faxes of signatures are not acceptable.

Notarizing Wills

• Allowed only if a notary certificate is provided for each signer.

Notarizing Living Wills

• Permissible as these are statements of the signer's wishes regarding medical treatment.

Legal Effect of Electronic Signatures

• Equal to hand-rendered signatures in Illinois since 2001.

Test your knowledge with these flashcards on essential terms and definitions related to notary practices in Illinois. Understand key concepts like Notary Bonds and the Uniform Real Property Electronic Recording Act. Ideal for current and aspiring notaries looking to reinforce their understanding of legal terminology.