01 Mar Ready To Sign? Navigating The Process Of How to Notarize A Document In Illinois
Being an entrepreneur can be daunting, but getting your documents notarized doesn’t have to be.
As a woman entrepreneur, you have the power to make sure your paperwork is properly secured and protected from any potential legal issues. Take the time to research what documents need to be notarized and make sure you prepare everything properly!
Notarizing a document is an important legal process that ensures the authenticity and security of certain documents.
It requires the signature of a notary public, who is an official appointed by the state to witness signatures and certify documents. In Illinois, there are several rules and procedures you must follow to properly notarize your documents.
Types of Documents That Can Be Notarized in Illinois
In general, any document that needs legal authentication can be notarized in Illinois.
This includes:
- letters
- affidavits
- contracts
- deeds
- declarations
- estate planning documents, such as wills and trusts
- financial documents, like loan agreements or powers of attorney
- medical forms
- applications for educational programs or grants
- copies of certificates of birth and marriage records
- vehicle title transfer forms
- documents for WBE and MBE certification applications
- other legal documents
However, each type of document may require special instructions from an attorney or notary public before it can be completed. Make a list of any legal questions you have when you seek the appropriate legal advice.
Steps to Get a Document Notarized in Illinois
The following steps outline how to properly notarize a document in Illinois.
- The document should be signed by all parties involved either in the presence of the notary’s presence or beforehand (the signer must have valid identification).
- The notary public will verify each individual’s identity through evidence of proper identification (acceptable forms include government-issued IDs such as: driver’s licenses, U.S. passports, state ID card, military ID).
- Once identity is established and verified, and there are no issues of authenticity, the signer will be asked to make an oath/affirmation that they have read and understand what they are signing.
- If necessary, the notary public will take a physical impression (fingerprints); this is common practice when dealing with real estate transactions or other high-value contracts.
- Pay any application fee.
- Lastly, the notary public will place their stamp and signature on the document attesting to its veracity and validity under the law.
How to get a Document Notarized Online
In order to have a document notarized online in Illinois, you’ll need to find online notaries who are licensed to provide remote notarization services.
Senate Bill 2664 became a Public Act in July 2021, which made remote online notarization services permanent in Illinois.
To find a remote online notary, start by researching your state’s requirements for electronic notarization.
A company that does remote notary services is Notary Live. An online notary can charge up to $25 for each of their notary acts.
In many states, such as Illinois, there are specific forms that must be filled out and signed before the document can be legally processed. Once this is done, the remote notaries will verify your identity using two-way audio-video technology and then validate your electronic signature on the form by electronic means.
How to Find a Public Notary
Are you looking for a notary service? You can find a notary public in Illinois by searching online. The Illinois Secretary of State’s office also provides a searchable list of qualified notaries that may be contacted for assistance.
Additionally, many banks, credit unions, post offices, The UPS Store, and other businesses have someone certified to provide notarization services.
Steps to Becoming a Notary Public in Illinois
In order to become a qualified Notary Public in Illinois, you must meet all of the following elements:
- You must be at least 18 years old;
- You must have full legal capability to enter into contracts;
- You must possess good moral character to document notarial acts;
- You must have no criminal history related to fraud;
- You must reside and serve customers within the state of Illinois;
- You must take a certified course taught by licensed instructors approved by state officials prior to applying for certification from the Secretary of State’s Office as well as taking an examination on relevant laws administered by this office.
In order to apply, an applicant must:
- Complete the notary application form provided by the Illinois Secretary of State,
- Pay the $15 application fee, and
- Obtain a notary bond valued at $5,000 from a bonding or surety company.
For qualified notaries public, you are authorized by law to perform these functions:
- verifying identities of persons signing documents who appear before you personally or via video conference or telephone call,
- attesting that these individuals were sworn under lawful authority regarding whatever subject matter presented for notarial action,
- applying your signature and issuing certificates evidencing your authority under the law
- affixing your official seal/stamp with every act performed during your tenure as a Notary Public which helps guarantee authenticity and legality thereof.
The following are essential guidelines to ensure secure and proper notarization:
1) Always keep your notary seal in a safe, secure location;
2) Make sure the signer is present at the time of notarization, and verify their identity before proceeding;
3) Do not lend your notary stamp or seal to anyone, including any of your employers;
4) When identifying a document signer, do not rely on the word of a friend or employer who is unable or unwilling to take an oath;
5) Ensure that you sign your name on all notarial certificates exactly as it appears on your commission, and make sure to affix your seal. Additionally, keep copies of all documents with the notary certificate for your records.
For more practices, read the Illinois Notary Public Handbook provided by the Illinois Secretary of State.
FAQ’s regarding Notarization
What Illinois law governs document notarization?
The governing statute for Illinois residents is the Illinois Notary Public Act, 5 ILCS 312. Take the time to research the relevant Illinois notary laws.
Can a bank notarize a document?
Yes, a bank can notarize a document. Banks usually have notaries on staff who are available to certify documents. Be sure to check with the bank prior to having any documents notarized to ensure that they are compliant with local laws.
Does the post office notarize?
Yes, the post office does notarize documents. In order to have documents notarized at a post office, you will need to bring in the documents and proof of identification. The post office will typically have trained personnel available to notarize any document for a fee that can vary based on location. Be sure to check with your local post office prior to having any documents notarized and make sure they will accept you on a walk-in basis.
Can a notary notarize a document from another state?
Yes, a notary can notarize a document from another state. However, depending on the state in which the document is being notarized, there may be additional rules and regulations that must be followed in order to complete the process. It is important to contact the notary and ask about any potential requirements prior to having any documents notarized from out of state.
Can you become a non-resident notary?
Yes, in Illinois, you can become an non-resident notary public, if you have a physical business address in Illinois and are a resident of a qualifying bordering state, which includes Iowa, Kentucky, Missouri, Indiana and Wisconsin. The non-resident notary public application can be found here.
Can a notary notarize their own documents?
No, a notary cannot notarize their own documents.
Under 5 ILCS 312/6-104(b), “a notary public shall not acknowledge any instrument in which the notary’s name appears as a party to the transaction.”
Generally, under best practices, a notary is prohibited from notarizing any document in which they have an interest or financial gain. A notary must be an impartial witness.
Can a notary notarize their own signature?
No, a notary cannot notarize their own signature. A notary does not have the authority to certify his or her own signature, even if it is done indirectly by providing a copy of an already signed document.
General Rule: Do not notarize anything that you could benefit from.
Can I notarize for my husband?
No, you cannot notarize for your husband.
It is a notary’s duty to be impartial and unbiased when providing services for documents to be signed or sealed. It is considered a conflict of interest if a notary has a personal relationship with any of the parties involved in the document.
Can I notarize for a family member?
Yes, generally speaking, you can notarize a document for a family member in Illinois as long as there is no financial benefit to you or any direct interest in the transaction.
Keep in mind, the notary must remain impartial and unbiased when providing services for documents to be signed or sealed.
There are many states that do not allow notarizing for relatives. Check your state’s laws and consult with an attorney.
Does a notary public need to maintain a surety bond?
Illinois law requires all notaries to purchase and maintain a $5,000 Notary surety bond for the duration of their 4-year commission. The Notary bond protects the public of Illinois against any financial loss due to improper conduct by an Illinois Notary.
Conclusion
All in all, notarizing a document in Illinois can be a very simple process if you want to take the time to do it right.
The key is to know what documents can be notarized and to follow the proper process. You can get documents notarized online or in-person, depending on the type of document you need to notarize.
If you have any questions about specific documents or how to get them notarized in Illinois, our team at Elking Consulting would love to help guide you. Send us an email at letstalk@elkingconsulting.com if you need additional help with business documentation.
