Illinois Notary cheat sheet

An Illinois notary may administer oaths and affirmations, take acknowledgments, take affidavits and depositions, and perform copy certifications, all within the state of Illinois.

A notary may perform notarial acts anywhere in Illinois; the commission is statewide, not limited to the county where the notary resides or where the bond is filed.

A notary has no authority to act outside Illinois and cannot perform a notarial act for a signer located in another state or country while the notary is in Illinois unless the signer appears before the notary.

Personal appearance of the principal is required for acknowledgments, oaths, and affirmations; a notary may not act on the basis of a signature alone.

A notary must verify identity of the signer through personal knowledge or satisfactory evidence, which includes a government-issued photo ID or a credible identifying witness.

A notary must determine that the signer has the capacity to understand the nature of the act and is acting voluntarily and without duress or undue influence.

A notary may not refuse to perform a notarial act solely because the signer is of a particular race, religion, national origin, sex, or because of a disability.

The notary's term of commission is four years, and the notary may perform notarial acts during the term unless the commission is surrendered, revoked, or expired.

A notary must keep the official seal and journal under the notary's exclusive control and may not allow another person to use them.

A notary may not perform a notarial act in which the notary is a signer, a party to the transaction, or has a direct beneficial interest in the document.

A notary may not notarize the signature of the notary's spouse, parent, child, or sibling when the notary would receive a direct benefit from the transaction.

A notary may not make a false statement or omit a material fact in a notarial certificate, and may not sign a certificate the notary did not personally witness.

A notary may not charge a fee greater than the maximum allowed by statute for a notarial act; fees are capped per act and per oath or affirmation.

A notary may not use the notary commission to advertise or promote a business in a manner that implies the notary's official powers are an inducement to purchase goods or services.

A notary may not disclose the contents of a notarial journal or the personal information of a signer except as authorized by law, court order, or the signer's request.

A notary may not perform a notarial act on a document the notary knows is fraudulent or on a signature the notary knows was obtained by coercion.

A notary who is not an attorney may not give legal advice, explain the legal effect of a document, or draft a document for a signer as part of a notarial act.

Official misconduct by a notary includes knowingly performing a notarial act without the required personal appearance and may result in revocation of the commission and criminal penalties.

A certificate of acknowledgment must identify the state and county, the date, the signer, the notary's name and commission expiration, and the notary's signature and seal.

A jurat certificate states that the signer appeared before the notary, was sworn or affirmed, and signed the document in the notary's presence.

An acknowledgment certificate states that the signer appeared before the notary and acknowledged signing the document voluntarily for its stated purpose.

A copy certification states that the copy is a true and exact copy of the original document; the notary must compare the copy to the original and may not certify a copy of a public record or a document whose original cannot be examined.

The notary's official seal must include the notary's name, the words 'Notary Public', the state of Illinois, and the commission expiration date, and must be legible when reproduced.

A notarial certificate must be completed at the time of the notarial act and may not be added later or left blank for later completion.

The notary's journal should record the date, the type of act, the signer's name and address, the document type, and the identification presented, and the journal must be retained for the notary's term and for a period after.

If a certificate is defective, the notary may correct it only by adding a new certificate or an amended certificate that accurately reflects the facts, not by altering the original after the fact.

A notary may not certify a copy of a document that contains a photograph or a signature that the notary cannot verify against the original.

An applicant for an Illinois notary commission must be at least 18 years old, a resident of Illinois or a resident of a bordering state who works in Illinois, and able to read and write English.

The applicant must file an application with the Illinois Secretary of State, pay the application fee, and be approved before taking the oath and receiving the commission.

The applicant must obtain a surety bond in the amount required by statute, payable to the State of Illinois, and file the bond with the Secretary of State.

The applicant must take and subscribe the official oath of office and file it, along with the bond, before the commission is issued.

The commission is valid for four years and may be renewed by filing a new application, bond, and oath before the expiration date.

The Secretary of State may deny, revoke, or suspend a commission for fraud, misrepresentation, official misconduct, or failure to maintain the required bond.

A notary who changes name or address must notify the Secretary of State within the time required by statute and may need to obtain a new seal reflecting the change.

The notary must file the bond and oath with the Secretary of State, not with the county clerk, under the current appointment process.

A commission may be surrendered voluntarily by written notice to the Secretary of State, and the notary must stop performing notarial acts upon surrender.