The Out-of-State Signing and the Expired Commission
Dana was commissioned as an Illinois notary with a term ending October 31. On November 3, a former coworker, Marcus, asks her to notarize a power of attorney. Marcus is in Illinois, but the document will be used in Indiana. Dana's stamp still sits on her desk, and her bond and commission paperwork were never revoked - she simply forgot to renew. She agrees, dates the certificate November 3, signs as 'Notary Public, State of Illinois,' and writes that her commission expires October 31. The signing goes smoothly; Marcus is present, shows a valid Illinois driver's license, and signs in Dana's presence. Two weeks later, the attorney handling the Indiana matter notices the date mismatch and asks whether the notarization is valid.
1. Was Dana authorized to perform this notarization on November 3? Explain the legal status of the act.
Read the worked answer
No. A notary's authority exists only during the term of the commission. Once the October 31 expiration passed, Dana held no commission and had no authority to perform notarial acts, regardless of whether the bond or paperwork was formally revoked. The act is therefore not a valid notarial act performed by a commissioned officer.
The key reasoning step is separating 'commission lapsed' from 'commission revoked.' A lapse by expiration ends authority automatically; no notice or revocation proceeding is required. The fact that Dana still possessed her stamp and seal is irrelevant - possession of the tools of office confers no authority.
2. What is the significance of Dana writing an expiration date that had already passed on the certificate?
Read the worked answer
The certificate itself documents the defect. By writing 'expires October 31' on a document dated November 3, Dana created a written admission that she acted after her authority ended. A reviewing attorney, recorder, or court can see the problem on the face of the certificate without any outside investigation.
This matters in two directions: it undermines any argument that the error was a harmless clerical slip, and it may expose Dana to liability for unauthorized practice of a notarial act. The correct course would have been to decline the notarization and direct Marcus to a currently commissioned notary.
3. Marcus needs a valid power of attorney. What should happen now, and what should Dana tell him?
Read the worked answer
The document should be re-notarized by a notary whose commission is active on the date of the new certificate. Because the defective notarization is apparent on the face of the instrument, the safest approach is a fresh acknowledgment before a properly commissioned notary rather than attempting to 'fix' the old certificate.
Dana should tell Marcus plainly that she was not commissioned on November 3, that the notarization is not valid, and that he should not rely on it. She should not backdate a new certificate, alter the old one, or re-stamp the document - each of those would compound the original problem with a separate prohibited act.