Illinois Notary key terms

A person commissioned by the Illinois Secretary of State to serve as an impartial witness who performs notarial acts, such as acknowledgments and oaths, for the public without authority to give legal advice.

Any official act a notary is authorized to perform, including taking acknowledgments, administering oaths or affirmations, witnessing signatures, and certifying copies, each requiring the notary's physical presence.

A notarial act in which a signer personally appears before the notary, is identified, and declares that the signature on the document is their own and was made voluntarily for the stated purpose.

A person who appears before a notary and swears or affirms to the truth of a statement, typically for an affidavit or deposition, thereby accepting the legal consequences of a false statement.

A sworn promise or declaration made before a notary in which the person calls upon a supreme being to witness the truth of the statement, carrying potential criminal liability for falsehood.

A solemn declaration made before a notary that is legally equivalent to an oath but omits any reference to a deity, used by persons who object to swearing on religious grounds.

The written statement attached to or endorsed on a document that records the notary's act, including the notary's signature, the date, the county of acting, and the commission expiration date.

The certificate wording used when a notary administers an oath or affirmation, stating that the signer personally appeared, was sworn, and signed the document in the notary's presence.

The identification standard a notary must meet before acting, satisfied by a current government-issued photo ID or by a credible witness who personally knows both the notary and the signer.

A person who personally knows the signer and the notary and who, under oath, vouches for the signer's identity when the signer lacks acceptable identification documents.

The requirement that the signer be physically present before the notary at the time of the act; the notary may not act by mail, phone, or on documents signed outside their presence.

The stamp or embosser a notary is required to obtain and use, containing the notary's name, the words Notary Public, the state name, and the commission expiration date.

A chronological record in which a notary documents each act, listing the date, the signer's name and address, the document type, and the identification used; Illinois requires notaries to keep one.

The official appointment granted by the Illinois Secretary of State that authorizes a person to act as a notary public for a fixed term, subject to bond and application requirements.

The process by which the Secretary of State approves an applicant to become a notary, culminating in the issuance of a commission certificate and the administration of the oath of office.

A surety bond an applicant must file with the Secretary of State before receiving a commission, protecting the public from losses caused by the notary's official misconduct.

The bonding company that issues the notary bond and becomes liable, up to the bond amount, for proven damages resulting from the notary's improper performance of notarial duties.

The form and supporting materials an applicant submits to the Secretary of State, including proof of eligibility, a photograph, and the required fee, to request a notary commission.

The sworn pledge a newly commissioned notary must take and file, promising to faithfully perform the duties of the office before beginning to act as a notary.

The fixed period for which a notary is appointed, after which the authority ends unless the notary applies for reappointment before expiration and completes all renewal requirements.

The process of renewing an expiring notary commission by filing a new application, bond, and oath within the time allowed so the notary's authority continues without a lapse.

A notary's formal written notice to the Secretary of State that they are giving up the commission, after which the notary must stop performing notarial acts and surrender the official seal.

A notary's duty to notify the Secretary of State in writing when their residence or business address changes, so official records and the commission remain accurate.

Conduct that a notary may not engage in, such as performing acts without personal appearance, using a false seal, or acting on a document in which the notary has a personal interest.

The wrongful exercise of a notary's official powers, including fraud, falsifying certificates, or knowingly acting outside the scope of authority, which may lead to criminal penalties and revocation.

A situation in which a notary has a direct financial or beneficial interest in a document, such as being a party or heir, which bars the notary from performing the notarial act.

A notary's prohibited conduct of giving legal advice, drafting legal documents, or selecting the type of notarial certificate for a signer, since notaries are not licensed attorneys.

The Secretary of State's cancellation of a notary's commission for misconduct, statutory violations, or failure to meet requirements, ending the notary's authority to act.

A temporary withdrawal of a notary's authority by the Secretary of State, during which the notary may not perform any notarial act until the suspension is lifted.

Any violation of the notary statute or rules, including improper identification, failure to keep required records, or acting while the commission is expired, subjecting the notary to discipline.

The maximum charge a notary may collect for each notarial act, set by statute, which may not be exceeded and which must be disclosed to the person requesting the service.

A copy of an original document that a notary certifies as an accurate reproduction, permitted only for certain documents and never for records that must be certified by a public custodian.

A method in which a signer who cannot write makes a mark, such as an X or thumbprint, in the notary's presence, with the notary documenting the mark and the identity verification.

A notarial act performed using audio-video technology that allows the signer to appear before the notary electronically, subject to identity proofing and recording requirements under Illinois law.

A notary who is hired by a title or lending company to handle loan document signings; the role is not a separate commission and the notary must still follow all notarial rules.

The core role of a notary, requiring the notary to act without bias or personal stake, verify identity, and confirm that the signer acts voluntarily and understands the document.