Illinois Notary Federation
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Frequently Asked Questions

 

May I notarize my own signature and/or the signatures of my spouse, children and other relatives?

A notary public may not notarize his or her own signature and may not notarize any document in which the notary’s name appears as a party to the transaction. A notary may notarize the signature of his or her spouse, children and other relatives.

 

How does a notary identify a signer?

A notary has satisfactory evidence if the person (1) is personally known to the notary; (2) is identified by a credible witness personally known to the notary; or (3) is identified on the basis of identification documents.  Proper identification should include a photograph and a signature on a reliable identification card, such as a driver’s license.

 

Should I keep a journal of notarial acts?

There is no requirement in Illinois that a notary public keep a log book or journal.  However, a notary should keep a journal for his or her own record keeping.

 

What are the most common errors or omissions made by notaries?

(1) Failing to properly identify a person; (2) failing to administer an oath or affirmation (if required); and (3) failing to affix the notary seal.

 

Can a notary give legal advice or prepare legal documents?

No. A notary does not have this authority, unless he or she is also an attorney.

  

Is a notary responsible for the truth or accuracy of a document?

No. The main purpose of notarization is to compel truthfulness by the signer.  Notaries have no authority to and are not required to verify the truth or accuracy of any document.

  

May a blank document be notarized?

Never notarize a blank or incomplete document. If a signer indicates that certain spaces in a document are to be left blank because they don’t apply, suggest that he or she line through the spaces or write “Not Applicable.” This protects the signer from later unauthorized insertions, and it may prevent the notary from having to appear as a witness in a lawsuit.

 

May I notarize documents that originate out of state?

Yes, as long as you perform the notarial act in Illinois and the notarial certificate indicates “State of Illinois, County of _______________________” to identify the jurisdiction in which the notarial act took place.

 

May I notarize documents only in my own county?

An Illinois notary public has the authority to act throughout the Illinois. The county in which the notarial act takes place should be inserted in the notarial certificate.

 

May I notarize documents when I am physically outside the State of Illinois?

No. An Illinois notary public has the authority to perform notarial acts only while in the State of Illinois.

 

Should I charge a fee for my services as a notary public?

The law does not require that you charge a fee. However, the maximum fee allowed is $1.

 

May I notarize documents that I will be signing as an officer on behalf of a corporation?

No. You may never notarize your own signature, whether you are signing for yourself or for a corporation.

 

Must the person sign the document in my presence?

The document should always be signed in your presence.

 

What should I do when a person for whom I have performed a notarial act requests proof that I am a notary?

Occasionally, a “Certificate of Authority” is required to be attached to a document that has been notarized, particularly when that document is being sent out of state. This certificate is proof that the notary was a commissioned notary on the date that the document was notarized.  A “Certificate of Authority” may be obtained from the county clerk of the county in which your appointment is recorded or from the Secretary of State’s office. It is not your responsibility, however, to obtain the certificate for the person. That person should contact the county clerk or the Secretary of State for information.

 

May notaries use rubber stamp signatures?

No. Notaries may not use facsimile signature stamps in signing his or her official certificates. A signature must be written in ink as commissioned. In addition, a facsimile signature may not be notarized.

 

Is notarization required by law?

In many cases, yes. Some documents must be acknowledged before a notary, and other documents must be signed under oath to be effective. It is not a notary’s duty to prepare the document, only to perform the notarial act and complete the notarial certificate.

 

How do I renew my notary appointment?

There is no provision in Illinois Law for automatic renewal of your Notary Commission.  Every 4 years you must complete the Notary Application and Bond Form.

 

I have mailed a notary application. When may I begin notarizing documents?

An appointed notary public may begin notarizing documents when his or her commission has been recorded with the county clerk and he or she has obtained an official notary public seal.

 

Should I accept a notary certificate from the county clerk that contains errors?

No, return the certificate to the county clerk detailing the error and request a corrected certificate.

 

How do I report a change in my home or work address or my name while I am serving as a notary public?

If you move or change employers and your new residence or place of employment is within the boundaries of the county from which you were appointed, you merely report the change of address to the Secretary of State. However, if you move out of the county, or if you are a non-resident notary who changes employment to another county, you must resign your commission. Resignations should be submitted to the Secretary of State. You can then apply for a new appointment.

 

When does a notary’s commission officially expire?

A notary public receives a four-year appointment. A notary’s commission expires at midnight of the expiration date of the appointment.

 

If my notary appointment has expired and I have applied for a new appointment, may I continue to notarize documents?

No. There is no grace period for a notary public once his or her appointment has expired. You may not perform notarial acts until you have recorded your new appointment with the county clerk and have obtained a new seal containing the date that your new term of office expires.

 

I would like to return to my maiden name. What does this involve?

Persons who change his or her name must resign his or her commission and apply for a new appointment.