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Uniform Real Property Electronic Recording Act -ANSWERS-It's the electronic
recording system for the filing of electronic real property documents executed and
notarized with electronic signatures.
Do you need a physical imprint of the notary's seal for electronic notarization? -
ANSWERS-No-as long as all information required to be included in a notary act by law
is attached to or logically associated with the Notary's electronic signature or the
electronic real property document.
you can type this information near the notary's electronic signature.
Certificate of Authority -ANSWERS-The process of proving the genuineness of an
official signature and seal
This comes from the county clerks office or secretary of state index department.
When is a chain of authentication process needed? -ANSWERS-When a notarized
document is going outside the United States.
Who provides additional authentication certificates? -ANSWERS-U.S. Department of
State in DC
Foreign consulate in the particular foreign nation
Ministry of foreign affairs in the particular foreign nation.
What is an Apostille? -ANSWERS-It is a authenticating certificate accepted by countries
subscribing to a treaty under the Hague Convention.
, -The Hague Convention Abolishing the Requirement of legalization for Foreign Public
Documents.
issued by Secretary of State
Can a Notary notarize their own signature? -ANSWERS-No
Should a Notary notarize a transaction in which they have a direct financial or beneficial
interest? -ANSWERS-No
Notary Bond -ANSWERS-Provides coverage for damages to anyone who suffers
financially from a Notary's action - intentional or not
Reasonable Care -ANSWERS-The degree of attentiveness that a person of normal
intelligence and responsibility would exhibit.
In real estate a disqualifying financial or beneficial interest exist when? -ANSWERS-
When the Notary is a granter or grantee - mortgagor or mortgagee - lesser of lessee or
a beneficiary of the transaction.
Can a Notary notarize for a relative? -ANSWERS-Illinois law does not prohibit it but it is
not advisable.
- may involve financial or other beneficial interest
- may test ability to be impartial
- could be subject to legal challenge by other parties alleging the Notary did not act
impartially
When does a financial or beneficial interest exist? -ANSWERS-When a Notary is named
as a principal
Receives and advantage, right, privilege, property or fee valued in excess of the lawful
notary fee.
- this is a disqualifying interest