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EXAM
Notarization only guarantees that:
Answer- It is important for notaries and the public to know that
notarization does not guarantee the legal sufficiency, authenticity, or
truthfulness of a document's content. --> Notarization only guarantees
that:
- The signer personally appeared before the notary.
- The notary positively identified the signer.
- The notary assessed the signer's competency and awareness.
- The signer signed the document willingly, without any coercion, and
for the purpose stated in the document.
- The notary performed the notarial act on the date stated on the notarial
certificate.
Describe the meaning and importance of being a notary public.
answer- A notary public is a person of proven integrity appointed and
commissioned by the Illinois Secretary of State to serve the public as a
third-party impartial witness when taking acknowledgments, witnessing
or attesting signatures, administering oaths or affirmations, taking
,verification upon oath or affirmation (jurats), and performing other acts
authorized by law.
rationale: Notaries play an essential role in the functioning of our legal
and commercial systems. They hold a position of trust. The public relies
on notaries to ensure integrity in the execution and signing of business,
personal, and legal documents. Properly notarized documents can help
bind agreements, prevent disputes, and protect against fraud.
Explain how the notary's role evolved throughout history.
Answer- - The office of the notary public is the oldest surviving branch
of the legal profession. The function of the notary can be traced back to
pre-biblical times when ancient Egyptians and Greeks employed
individuals to perform notarial-like duties.
- In ancient Rome, public officials called scribes were responsible for
transcribing documents and recording facts and speeches. Many of these
scribes grew in prominence to become permanent members of the
Roman Senate. They were responsible for recording judicial
proceedings, transcribing government papers, supplying legal forms, and
registering the decrees and judgments of magistrates. Subsequently, the
term notarius ("one who takes notes") was applied exclusively to record-
keepers associated with high-level government officials.
Rationale: - Notaries continued to remain prominent in Europe
throughout history. They were central figures in the rise of civil law in
medieval Italy. In the 13th and 14th centuries, notaries were often
clergymen appointed by representatives of the Pope.
,Detail the differences in the notary's role in and outside of the United
States
Answer- In many countries, a notary is trained in drafting and executing
legal documents such as contracts, wills, and deeds. However, U.S.
notaries' expertise, training, and authorized duties are far more limited
than those of civil-law notaries in Europe and other regions. Except in
Louisiana and Puerto Rico, a notary public in the United States is
considered a ministerial ("following procedures") and only quasi-judicial
("exercising judgment") public official.
Before being recognized as a notary public for Illinois, you must...
Answer- take an oath in which you solemnly affirm that, if appointed
and commissioned as an Illinois notary public, you will follow the laws
and constitutions of the United States of America and Illinois and
perform faithfully, to the best of your ability, all notarial acts in
accordance with the law.
US Notary's duties are...
Answer- - The U.S. notary's duties are ministerial in nature, which
means the notary is not required to make determinations as to the
legality of a document or the accuracy of its contents.
- The notary is generally presented with a prepared document and is
instructed how to make it acceptable for its intended purpose. Notaries
are quasi-judicial, meaning they are required to exercise some discretion,
for example, by making a layman's determination of a signer's
, competency or by determining whether the identification presented by
the signer is satisfactory.
- Since notaries in the U.S. are state officers, their duties may vary from
state to state.
- Under most circumstances, traditional U.S. notaries are restricted to
performing notarizations only within the state that has commissioned
them.
- Since notaries in the U.S. are state officers, their duties may vary from
state to state.
- However, in all states, notaries public (note that the plural is notaries
public, NOT "notary publics") have the power to administer oaths and
take acknowledgments.
- Under most circumstances, traditional U.S. notaries are restricted to
performing notarizations only within the state that has commissioned
them.
Different methods of notarization allowed in Illinois
Answer- llinois notaries can perform three types of notarizations:
traditional, remote, and electronic. It is important to understand what
each type is, the difference between them, how to register with the
Illinois Secretary of State to perform each one, and how to properly
perform each method of notarization.
Who appoints Illinois notaries?