Illinois Notary Primer Practice Exam

What is the consequence of notarizing a document without the signer's presence?

1. No consequence

2. Possible revocation of the notary's commission

3. A warning from the Secretary of State

4. Legal action against the signer

The correct answer is: Possible revocation of the notary's commission

Notarizing a document without the signer's presence is a serious violation of notarial law, which requires the notary to witness the signing of the document firsthand. This requirement is in place to ensure the authenticity of the signature and that the signer is entering into the agreement willingly and without coercion. When a notary fails to fulfill this duty, it undermines the integrity of the notarization process. The consequence of such an action can lead to the possible revocation of the notary's commission. Notaries are expected to adhere to strict ethical and legal guidelines, and not complying with the presence requirement is considered misconduct. If a notary is found to have engaged in this type of behavior, they could face disciplinary action by the Secretary of State, including the loss of their authority to notarize documents in the future. This emphasizes the importance of maintaining proper notarial practices to uphold the trust and legal effectiveness of notarized documents. While other consequences mentioned may have varying degrees of severity, the potential revocation of a notary's commission is a direct and significant outcome of failing to notarize correctly in accordance with the law.