Using the services of a notary public verifies your identity but does not necessarily make the document legal
Many important legal documents require the signature of a notary public. The signature or stamp of a notary however does not make the document legal.
A notary public acts as an official and unbiased witness to the identity of a person who comes to them for a specific purpose. In order to check the authenticity of the signature which appears on a document, the notary may ask to see photo identification, such as a driver's license, before notarizing your document. Notaries do not read the documents that they sign to see if the information in them is legally correct so in reality. The fact that a document is notarized does not relate in any way to the statements made in the document or the accuracy of the contents of the document. The notary only authenticates the signature of the person seeking notarization of his/her signature, nothing more.
There are 183,158 active notaries public in Illinois who have been appointed and commissioned by the Index Department of the Illinois Secretary of State's office.
An applicant, who is appointed for a term of four years, must (1) be a citizen of the United States or an alien lawfully admitted for permanent residence, (2) be a resident of the State of Illinois for at least 30 days, (3) be at least 18 years of age, (4) be able to read and write the English language, (5) have not been convicted of a felony, and (6) have not had a notary commission revoked during the past 10 years. Furthermore, an applicant must complete the application form provided by the Secretary of State and must obtain a notary bond valued at $5,000 from a bonding or surety company.
Once approved, the application will be mailed to the clerk of the county in which the applicant resides where it must be recorded before the applicant is officially a notary public. Notary publics receive a certificate verifying their authenticity and use official stamps. They must also keep accurate records of documents which they notarize. Most charge a small fee for their services.
The Illinois Notary Public Act, which was last amended in 1991, outlines the specific duties and responsibilities of a notary public as well as the punishments for anyone who engages in official misconduct relevant to the act.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.