Illinois Notary Primer Practice Exam

What must a notary do if they suspect fraud during notarization?

1. Proceed with notarization and report later

2. Refuse to notarize and document the reason

3. Seek legal counsel before deciding

4. Contact law enforcement immediately

The correct answer is: Refuse to notarize and document the reason

When a notary suspects fraud during the notarization process, the appropriate action is to refuse to notarize and document the reason for that refusal. This is crucial because notarization is intended to deter fraud by ensuring that the person appearing before the notary is doing so willingly and without any form of deception. By refusing to notarize, the notary protects themselves legally and upholds the integrity of the notarization process. Documenting the reason for the refusal is equally important as it provides a record of the circumstances surrounding the notary’s decision, which can be valuable if there are later questions about the transaction. This documentation can serve as evidence of the notary’s diligence and protects them from potential liability. Proceeding with notarization when fraud is suspected would compromise the trustworthiness of the notarization and could lead to legal challenges. Seeking legal counsel or contacting law enforcement might be appropriate steps in certain situations, but they are not the immediate responsibilities of the notary when faced with suspected fraud. The primary obligation is to refuse the notarization and ensure that the integrity of the process is maintained.