Prohibited Acts and Official Misconduct
The prohibited-act list
Illinois law bars a notary from a set of specific behaviors. The most frequently tested: performing a notarial act without the signer personally appearing; notarizing when the notary knows the signer is not the person named; using a false or expired commission; charging more than the statutory fee; and failing to maintain the journal. A notary may not notarize the notary's own signature, may not notarize for a document where the notary is a party or has a beneficial interest, and may not certify a copy of a document not in the notary's custody. A notary also may not use the title to promote a business or imply legal authority the notary lacks.
Misconduct and consequences
The statute treats certain acts as official misconduct: knowingly making a false certificate, failing to administer an oath when required, and willfully neglecting duties. Penalties can include criminal liability, civil liability for damages caused by misconduct, and revocation or suspension of the commission by the commissioning authority. A notary who resigns or whose commission ends must stop performing acts and must surrender or destroy the seal as required.
Traps
Watch for questions that make a prohibited act sound harmless: "A notary may notarize a document for a friend who is not present but whose identity the notary knows" - still prohibited. Another trap: "A notary may charge any reasonable fee" - false; fees are capped. Also watch for questions about whether a notary may notarize for a supervisor or employer; the impartiality and beneficial-interest rules make many such acts improper, and a notary may not refuse to perform an act solely because of a protected characteristic.
Worked example
A notary is asked to notarize a deed transferring property to the notary's own LLC. Because the notary has a direct beneficial interest, the notary must decline regardless of the signer's presence.