Free Illinois Notary Exam Flashcards

The Illinois Secretary of State (Index Department) appoints and commissions notaries. A resident commission runs 4 years. A resident of a bordering state whose place of work or business is in an Illinois county may be commissioned for 1 year, but only if that state also commissions Illinois residents (5 ILCS 312/2-101(a)). An electronic notary commission runs for the same term as the underlying notary commission.

That the applicant is a U.S. citizen or lawfully admitted for permanent residence; has resided in Illinois for the 30 days before applying (or, for a bordering-state resident, has worked or maintained a business in Illinois for 30 days); is proficient in English; has not been convicted of a felony; has never had a notary application or commission revoked by the Secretary of State; and has completed the required course of study (5 ILCS 312/2-102(a)). A felony conviction is a permanent bar, no matter how old.

First-time AND renewing applicants must complete a Secretary of State-approved course of study and pass the examination at the end of it (5 ILCS 312/2-101.5); the Secretary of State began enforcing this on January 1, 2024. The course must include at least 180 minutes (3 hours) of timed instruction, and the final exam is 50 questions drawn from a bank of at least 100, with no more than half true-false. A score of 85% is required to pass (14 Ill. Adm. Code 176.235(c)).

A $5,000 surety bond with a 4-year term commencing on the date of appointment, written by a company qualified to write surety bonds in Illinois (5 ILCS 312/2-105(a)). The oath of office appears on the face of the bond and the applicant signs it there, exactly as the name appears on the application (14 Ill. Adm. Code 176.340(d)). The bond protects the public: the notary and the surety are both liable for all damages caused by the notary's official misconduct (5 ILCS 312/7-101). An errors-and-omissions policy cannot substitute for the bond.

An additional $25,000 bond conditioned exclusively on faithful performance of remote or electronic notarial acts by audio-video communication, or one combined bond of $30,000 that satisfies both requirements (5 ILCS 312/2-105(b); 14 Ill. Adm. Code 176.340(b)). A notary who already holds an active $5,000 bond and is adding remote or electronic authority files the separate $25,000 bond.

$15 for a notary public commission and $25 for an electronic notary public commission (5 ILCS 312/2-103). Applying for both at the same time costs $40; adding an electronic commission to an existing active notary commission costs $25. These filing fees are separate from the surety bond premium and the cost of the required course.

No. No one is automatically reappointed. The Secretary of State mails an expiration notice at least 60 days before the commission expires, and an applicant for reappointment must comply with all of Article II again: new application, new bond, new oath, and the approved course and examination (5 ILCS 312/5-101, 2-101.5). There is no grace period; you must stop notarizing until a new commission and a new seal showing the new expiration date are in hand.

The notary must notify the Secretary of State's Index Department in writing within 30 days of any change of name, residence address, business address, or email; otherwise the commission ceases to be in effect and the seal must be surrendered (5 ILCS 312/4-101(a)). A name change, or a move out of the county of commission, requires resigning and applying for a new commission. A notary who fails to comply is barred from a new commission for at least 5 years (4-101(c)).

Only after the Secretary of State approves and issues the commission and the notary has obtained the official rubber stamp seal, not when the application and bond are mailed. Commission status can be verified through the Secretary of State's public notary search. Acting as a notary without a lawful commission is willful impersonation, a Class A misdemeanor (5 ILCS 312/7-106(a)).

Article VI covers taking acknowledgments, administering oaths and affirmations, taking verifications upon oath or affirmation, and witnessing or attesting signatures (5 ILCS 312/6-101, 6-102). The Act's general definition of 'notarial act' also includes certifying or attesting a copy and noting the protest of a negotiable instrument (5 ILCS 312/1-104). A notary has no obligation to perform any act and may refuse without further explanation (6-102(e)).

No. The signer must personally appear and state that the signature on the document is theirs, but the document may have been signed earlier (5 ILCS 312/6-102(a)). Appearance is what cannot be skipped: you may never take an acknowledgment because a third person vouches for the signature, or because you recognize the signer's handwriting.

The person must sign the document in the notary's presence and the notary must administer an oath or affirmation (5 ILCS 312/6-102(b); 6-105(c)). No wording is prescribed; an acceptable oath is 'Do you swear (or affirm) that the statements in this document are true?' The short-form certificate reads 'Signed and sworn (or affirmed) to before me on (date) by (name).'

It names the individual, the type of authority (officer, trustee, attorney in fact, or similar), and the party on whose behalf the instrument was executed (5 ILCS 312/6-105(b)). The notary still identifies only the individual who appears; the notary does not verify that the person actually holds the authority claimed.

The certificate must be signed and dated by the notary, identify the jurisdiction where the act was performed (venue: 'State of Illinois, County of ___'), and carry the official seal (5 ILCS 312/6-103(a)). The notary must sign exactly the name shown on the commission, so a notary commissioned as John M. Doe cannot sign as J.M. Doe, and facsimile signature stamps are never acceptable.

Stamp it clearly and legibly in black ink at the time of the notarial act so the imprint can be photocopied or reproduced (5 ILCS 312/6-103(c); 14 Ill. Adm. Code 176.520(a)(2)). Do not imprint the seal over your signature or other text. If the imprint is illegible you may apply a second seal, provided it does not make any other part of the document unreadable (176.520(d)); illegibility of required information does not by itself invalidate the transaction.

Positively identify the individual, make sure two people in addition to the notary witness the signature by mark, write the signer's name near the mark on the document, and complete the signature-by-mark certificate, which both witnesses sign along with their addresses (Illinois Notary Public Handbook). The notary never signs the document for the signer.

Anywhere in Illinois while the commission is active; county lines do not limit where you notarize, although a resident notary must continue to reside in the county of commission (5 ILCS 312/3-105(a)). You may never perform an Illinois notarial act while physically outside Illinois. Documents that originate out of state are fine, as long as the act occurs in Illinois and the venue reads 'State of Illinois, County of ___.'

Never notarize a blank or incomplete document. If the signer says certain spaces do not apply, have them line through the spaces or write 'Not Applicable' first (Illinois Notary Public Handbook). A notary also may not sign a blank affidavit form or certificate of acknowledgment in advance (5 ILCS 312/6-104(c)) and may not change anything in a written instrument after it has been signed (6-104(g)).

No. The purpose of notarization is to compel truthfulness by the signer; notaries have no authority to verify, and are not required to verify, the truth or accuracy of any document (Illinois Notary Public Handbook). A notary may not even explain, certify, or verify the contents of a document unless the notary is also the attorney who prepared it (5 ILCS 312/6-104(k)).

It is a certificate from the Secretary of State confirming that the notary was commissioned on the date the document was notarized, typically requested when a notarized document is sent out of state. The requester submits a written request, the original notarized document, and a $2 fee per document to the Index Department in Springfield (5 ILCS 312/3-106). Obtaining it is the requester's responsibility, not the notary's.

No. The signer must appear before the notary, either in the same physical location or by audio-video communication where the Act permits it (5 ILCS 312/6-102; 1-104). You may not notarize because an employer, friend, or relative assures you the signature is genuine, you may not rely on recognizing the signature, and you may never notarize an unsigned document.

Either being in the same physical location as the other person and close enough to see, hear, communicate with, and exchange credentials with that person, or being in a different physical location but able to see, hear, and communicate by audio-video communication that meets the Secretary of State's rules (5 ILCS 312/1-104). That two-part definition is what makes remote and electronic notarization lawful in Illinois.

Exactly one of three things (5 ILCS 312/6-102(d)): the person is personally known to the notary; the person is identified upon the oath or affirmation of a credible witness personally known to the notary; or the person is identified on the basis of identification documents. There is no fourth option, so an employee badge, a utility bill, or a coworker's say-so is not enough.

Documents that are valid at the time of the notarial act, issued by a state agency, a federal government agency, or a consulate, and bearing both the photographic image of the individual's face and the individual's signature (5 ILCS 312/6-102(d)(3)). A current driver's license, state ID, or passport qualifies; an expired license, a Social Security card, or a photo-only ID without a signature does not.

The credible witness must be personally known to the notary and must identify the signer upon oath or affirmation (5 ILCS 312/6-102(d)(2)). The witness's name must be recorded in the journal entry (14 Ill. Adm. Code 176.910(a)(2)). In an electronic notarization by audio-video communication, the credible witness must also appear before the notary and the recording must capture how the witness knows the signer and for how long (5 ILCS 312/6A-104(c)).

Either by the electronic notary's personal knowledge of the person, or by all three of the following: remote electronic presentation of a government-issued identification credential bearing the person's photograph and signature; credential analysis of the front and back of that credential and its data; and a dynamic knowledge-based authentication assessment (5 ILCS 312/6A-103(b)). Two of the three is not sufficient.

The audio-video recording must include the electronic notary's explanation of how he or she knows the person and how long they have known each other (5 ILCS 312/6A-104(b)). If a credible witness is used instead, the recording must state whether the notary identified the witness by personal knowledge or satisfactory evidence, plus the witness's explanation of how and how long they have known the signer (6A-104(c)).

Yes, provided the minor can produce acceptable proof of identity, and a parent or legal guardian should be present (Illinois Notary Public Handbook). The identification standard does not relax for minors: the notary still needs personal knowledge, a credible witness personally known to the notary, or a valid government-issued photo-and-signature credential.

Every notarial act, by every notary public whether or not also an electronic notary, recorded in the journal at the time of notarization (5 ILCS 312/3-107(a); 14 Ill. Adm. Code 176.900(a)). The journal may be kept on paper or electronically, and a notary may keep more than one (3-107(c)). The fact that an employer or contractor keeps its own record of notarizations does not relieve the notary of this duty (3-107(d)).

The name of the principal; the name of each credible witness relied on to verify identity; the name of any other person who signed for the principal; the title or a description of the document notarized; the date of the notarization; whether the act was performed in person, remotely, or electronically; the fee charged, if any; and the physical location of the notary and the principal (14 Ill. Adm. Code 176.910(a)). For journal entries, 'address' means city and state only (176.910(f)).

An identification number assigned by a government to the principal and shown on the credential presented; any other number that could identify the principal; a biometric identifier such as a fingerprint, voice print, or retina image; a name combined with an unencrypted Social Security number, driver's license or state ID number, or financial account information; and the electronic signature of the person for whom an electronic act was performed or of any witness (14 Ill. Adm. Code 176.910(c)). Prohibited data recorded by accident must be redacted before anyone is given access or copies.

The notary's name as it appears on the commission, the commission number, the commission expiration date, the office address of record with the Secretary of State, the notary's signature, the meaning of any abbreviation or symbol used in the journal, and a statement that on the notary's death or adjudication of incompetency whoever holds the journal must deliver or mail it to the Secretary of State (14 Ill. Adm. Code 176.900(b)). If the name, expiration date, or address changes mid-journal, add the new information after the old with the date it changed.

A tangible journal: at least 7 years after the final notarial act recorded in it (14 Ill. Adm. Code 176.920(g)). Electronic journal records: at least 7 years, available to the Secretary of State on request (176.840). Audio-video recordings of electronic notarial acts: at least 7 years, even if the act was never completed (5 ILCS 312/6A-104(d)). The retention rules do not apply to notaries acting in the course of employment with a governmental entity (176.920(h)).

Two situations. A notary employed by an attorney or law firm need not journal notarizations performed during that employment if the attorney or firm keeps a copy of the documents notarized, and any such journal is the firm's property (14 Ill. Adm. Code 176.900(f)). And no journal entry is required for a candidate's nominating petitions, petitions of candidacy, petitions for nomination, nominating papers, or nomination papers (5 ILCS 312/3-107(f); 176.900(g)); omitting those entries is not a violation and does not affect the validity of the act.

The journal belongs to the notary, must remain in the notary's exclusive control at all times, and may not be surrendered to or retained by an employer when employment ends (5 ILCS 312/3-107(d); 14 Ill. Adm. Code 176.920(e)). If the journal is lost, stolen, or compromised, notify the Secretary of State within 10 business days of discovery (3-107(e)). The Secretary may suspend a commission if the notary fails to produce a requested journal entry within 10 days (6-104(p)).

Yes, but only in the notary's presence during regular business hours, and only if the requester's identity is personally known or proven by satisfactory evidence, the requester signs a separate dated entry in the journal, and the requester specifies the month, year, document type, and principal's name; only those specific entries may be shown (14 Ill. Adm. Code 176.950(a)). The notary may deny access on a reasonable and explainable belief of criminal or harmful intent.

Inside a serrated or milled edge border, rectangular and not more than one inch high by two and one-half inches long, in descending order: the words 'Official Seal'; the notary's official name printed; the words 'Notary Public, State of Illinois'; 'Commission No.' followed by the commission number; and 'My Commission Expires' followed by the expiration date as month, one- or two-digit day, and complete year (5 ILCS 312/3-101(a); 14 Ill. Adm. Code 176.520(a)). The expiration date must be printed, never handwritten, and black is the only acceptable ink.

$5 for any non-electronic notarial act and up to $25 for an electronic notarial act (5 ILCS 312/3-104(a),(b)). Charging a fee is optional. Every notary must provide itemized receipts and keep fee records, with the notarial fee listed separately from any other charge (3-104(e)); a waived fee is logged in the journal as 'n/c', 0, or a dash (14 Ill. Adm. Code 176.910(e)). Exceeding the fee caps is a Class A misdemeanor, and a second offense within 5 years is a Class 3 felony.

A remote notarial act uses audio-video communication, but the notary still applies a physical stamp and ink signature to the paper document; any commissioned notary may perform one, with the $30,000 bond, and no separate commission is needed. An electronic notarial act applies an electronic signature and electronic seal to an electronic record, and requires a separate electronic notary public commission plus a Secretary of State-approved platform registered with the Secretary before first use (5 ILCS 312/1-104, 2-102(d), 2-102.7; 14 Ill. Adm. Code 176.800).

The signatory transmits a legible copy of the entire signed document to the notary by overnight mail, fax, or electronic means no later than the day after signing; the notary signs the transmitted copy and returns it within 24 hours after receipt; if the notary later signs the original as of the execution date, the original and the witnessed copy must reach the witness within 30 days (5 ILCS 312/6-102.5(c)). The audio-video recording is preserved by the signatory or the signatory's designee for at least 3 years, and the signatory must state on camera that they are physically located in Illinois (6-102.5(b)).

The electronic notary must be physically located in Illinois for every act (5 ILCS 312/6A-104(e); 3-105(b)). The remotely located individual may be in Illinois or elsewhere in the United States, and may be outside the United States only if the record is to be filed with or relates to a matter before a U.S. court, public official, governmental entity, or other entity subject to U.S. jurisdiction, involves property in U.S. territory, or involves a transaction substantially connected with the United States (3-105(c)).

The electronic notary must arrange for a recording of each act, must inform all participants beforehand that it will be recorded, and must keep the recording at least 7 years even if the act was never completed (5 ILCS 312/6A-104(a),(d)). The recording is in addition to the journal entry, not a substitute for it. Any portion showing biometric information or the image of the signer's identification card is confidential and may not be released without the person's consent unless a court or the Secretary of State orders it (14 Ill. Adm. Code 176.950(d)).

The electronic notary's electronic signature and electronic seal, which must look identical to a traditional Illinois seal, plus the jurisdiction and date, attached to or logically associated with the record so that it is independently verifiable and tamper-evident (5 ILCS 312/3-101(b-5), 6A-105). When audio-video communication is used, a notation such as 'Notarial act performed by audio-video communication' must appear adjacent to the seal or in the certificate (14 Ill. Adm. Code 176.810(c)).

Notify an appropriate law enforcement agency, the vendor of the electronic notary technology, and the Secretary of State no later than the next business day (5 ILCS 312/3-101(d)(2)), and stop performing electronic notarial acts until a new technology or device is acquired and the Secretary of State is notified of it (3-101(c)). A replaced electronic seal or digital certificate must be reported to the Secretary of State within 10 days, and digital certificates must conform to the X.509 standard (14 Ill. Adm. Code 176.820).

A notary may notarize the signature of a spouse, child, or other relative, but may never notarize their own signature and may never acknowledge any instrument in which the notary's name appears as a party to the transaction (5 ILCS 312/6-104(b); Illinois Notary Public Handbook). That bar includes documents the notary signs as an officer on behalf of a corporation.

A notary may not prepare any legal instrument or fill in the blanks of an instrument other than the notary certificate, and may not explain, certify, or verify the contents of any document (5 ILCS 312/6-104(h),(k)); attorneys who are also notaries may perform notarial acts on documents they prepared. The Attorney General, a State's Attorney, or an organized bar association may sue for an injunction against a notary who renders or offers services constituting the unauthorized practice of law (5 ILCS 312/7-109).

Every advertisement other than a single desk plaque must carry, in English and in the advertising language, the notice 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS...'; the notary must post the statutory fee schedule at the business; and before rendering services the notary must obtain the customer's signed written acknowledgment of that disclaimer and keep copies through the commission plus 2 years (5 ILCS 312/3-103). Translating 'notary public' as 'notario' is expressly prohibited. Each written violation carries a $1,500 fine, and a second violation permanently revokes the commission.

$10 per form completed, $10 per page for translating a non-English language into English, $5 for notarizing, $3 to execute procedures needed to obtain a required document, and a maximum of $75 for one complete application, none of which includes the government's own filing fees (5 ILCS 312/3-104(a)). A notary who is not an attorney or accredited representative may not accept payment for legal advice at all; that is a business offense punishable by three times the amount received or $1,001 minimum, plus restitution (3-103(e),(f)).

A notary may not take the acknowledgment of, or administer an oath to, a person the notary actually knows has been adjudged mentally ill and not restored to mental health as a matter of record; may not take the acknowledgment of a blind person until the notary has read the instrument to that person; and may not take the acknowledgment of a person who does not speak or understand English unless the nature and effect of the instrument is translated into a language that person understands (5 ILCS 312/6-104(d),(e),(f)).

Official misconduct committed knowingly and willfully is a Class A misdemeanor; committed recklessly or negligently it is a Class B misdemeanor (5 ILCS 312/7-105). Impersonating a notary or an electronic notary is a Class A misdemeanor (7-106), and unlawfully possessing, concealing, damaging, or destroying a notary's seal carries a fine up to $1,000 (7-107). The Secretary of State may issue a written warning, suspend, or revoke; a notary whose appointment is revoked for violating the Act is ineligible for a new commission for at least 5 years (7-108).