Illinois Notary Primer Practice Exam

What should a notary do if they suspect the signer is under duress?

1. Proceed with the notarization after verifying the signature

2. Refuse to perform the notarization

3. Consult a legal advisor before acting

4. Allow the signer to choose another notary

The correct answer is: Refuse to perform the notarization

If a notary suspects that the signer is under duress, the most appropriate action is to refuse to perform the notarization. This is rooted in the notary's ethical obligation to ensure that the signer is acting voluntarily and without intimidation. Notaries are responsible for verifying that the individual signing the document does so willingly and understands the implications of their actions. When a signer is under duress, they may be coerced or pressured into signing against their will, which undermines the integrity of the notarization process. By refusing to notarize the document, the notary protects both the signer and the validity of the notarization. This action helps maintain the trust and reliability of the notarial act, ensuring that documents are executed in a fair and just manner, free from external pressures. Other options, such as proceeding with the notarization or consulting a legal advisor, do not adequately address the immediate concern of potential duress and could lead to legal implications for the notary if the notarization is later challenged. Allowing the signer to choose another notary also does not resolve the issue if the same duress exists, particularly if the new notary is unaware of the situation.