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How notarization works in the U.S.Notarization in Illinois

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Read this first: ① A U.S. notarization only certifies that “you are the one who signed”; it does not certify that the contents of the document are true or lawful. ② The signer must personally appear before the notary with an ID that is current, government-issued, and bears a photograph and signature. ③ The document must be complete with no blanks; documents that require an oath must be signed in front of the notary, so the safest approach is to sign after you arrive. ④ For documents to be used in mainland China, an apostille is usually required after notarization; notarization alone is often not enough. ⑤ The format a Chinese receiving party requires, and whether a translation is needed, are governed by that receiving party’s requirements; please confirm in advance.

People living in the United States often need to have a document “notarized” and sent to family in China: a power of attorney or declaration for selling a home or handling an inheritance, an authorization a bank requires, or an affidavit for an immigration or study-abroad application. U.S. notarization is very different from notarization by a notary office in China. A U.S. notary public is an official commissioned by a state government whose main duty is to verify the signer’s identity and witness the signing or administer an oath, not to examine the contents of the document.

Based on the Illinois Notary Public Act (5 ILCS 312), this article explains the types of notarization, what you need to bring, what a notary cannot do, and the next step when a document will be used in China.

What notarization certifies and what it does not

When performing a notarization, the notary confirms that the person in front of them is the person named in the document, then attaches a notarial certificate to the document, signs it and applies the notary seal. A notarization can certify that:

a particular person personally appeared before the notary on a particular date;
the notary verified that person’s identity as the law requires;
the person acknowledged signing the document (acknowledgment), or swore or affirmed that the contents are true and then signed (verification upon oath), or signed in the notary’s presence (witnessing a signature).

A notarization cannot certify that the contents of the document are true, that the document is lawful and valid, or that a particular institution will accept it, nor can it certify that a photocopy matches the original. Illinois law expressly provides that a notary has no authority to interpret, certify or verify the contents of a document (5 ILCS 312/6-104(k)). In other words, a declaration with problematic contents still has problematic contents after notarization; and if a document verified upon oath contains false statements, the signer is legally responsible for making a false statement.

Types of notarization in Illinois

5 ILCS 312/6-102 sets out the three most common notarial acts; a notary may also administer an oath or affirmation. Each type of certificate uses different wording; if the document already contains a certificate form, the notarization is usually performed as the document requires.

Type	What the notary confirms	Common uses
Acknowledgment	The person appearing is the person who actually signed the document, and acknowledges having signed it	Powers of attorney, real estate documents, contracts, authorizations
Verification upon oath or affirmation (commonly called a jurat)	The signer’s identity; the signer swore or affirmed in person that the contents of the document are true and signed in person	Affidavits and declarations of all kinds
Witnessing or attesting a signature	The signature is that of the person appearing who is named in the document	Documents that only require proof of the signature

If the document does not specify which type of notarization is needed, the notary cannot choose for you; that is a legal judgment. An ordinary notary can only ask you to check with the receiving party or a lawyer; an attorney notary can give advice based on the document’s purpose.

What to bring for a notarization

A valid photo ID

The notary must confirm your identity through personal knowledge or “satisfactory evidence.” Under 5 ILCS 312/6-102(d), satisfactory evidence includes:

the notary personally knowing you;
a credible witness personally known to the notary confirming your identity under oath or affirmation;
presenting an identification document that is current at the time of the notarization, issued by a state agency, a federal agency or a consulate, and bearing your photograph and signature.

Common examples are a driver’s license, a State ID, and a U.S. passport. If you plan to use a foreign passport or another document, ask the notary in advance whether it meets these requirements. An expired ID, an ID without a signature, or a name on the ID that clearly does not match the name on the document may all prevent the notarization.

A complete, unsigned document

The document must be complete: bring every page, not just the signature page. Blanks should be filled in; lines that truly do not apply should be struck through or marked “N/A.” The Illinois Notary Public Handbook says a notary should not notarize a blank or incomplete document.
Do not sign yet: verification upon oath and witnessing a signature both require signing in front of the notary. For an acknowledgment, the law allows you to sign beforehand and then acknowledge the signature before the notary, but the notary needs to compare signatures, and you may not know which type of notarization the receiving party wants, so signing after you arrive is safest.
Signature and name must match: the name on the document should match your ID. Resolve any mismatch in advance, such as between a Chinese name and an English name, or a maiden name and a married name.

Appear in person, sign voluntarily and understand what you are signing

Notarization requires the signer to be “in the presence of” the notary. A family member cannot appear, sign, or present ID on the signer’s behalf. The signer should also be signing voluntarily and understand the nature of the document: if the notary notices that the signer does not seem to understand what they are signing, or that someone nearby is applying pressure or answering for the signer, the notary may refuse. Illinois law provides that a notary is not obligated to perform any notarization and may refuse without giving a reason (5 ILCS 312/6-102(e)); a notary may not take an acknowledgment or administer an oath to a person whom the notary knows has been adjudged mentally ill by a court and has not been restored (6-104(d)). Notarizations for elderly or ill family members are the most likely to be questioned later, so it is best to arrange them in advance, while the person is lucid.

Can a Chinese-language document be notarized in the U.S.?

Yes. What is notarized is the signature, not the text, so a Chinese-language document can be notarized by a U.S. notary as well. Keep the following in mind:

The notary must be able to communicate with you. Illinois law provides that a notary may not take an acknowledgment from a signer who cannot speak or understand English unless the nature and effect of the document have been translated into a language the signer understands (5 ILCS 312/6-104(f)). An oath also requires that the signer truly understand it. A notary who can communicate in Chinese can confirm with you directly what the document is and what you are swearing to.
The notarial certificate is in English. The Illinois notary seal and statutory certificate forms are in English. Even if the body of the document is in Chinese, the certificate the notary attaches is in English.
Whether a translation is needed depends on the receiving party. Whether a notary office in China, a Chinese court, bank or real estate registration authority requires an attached Chinese translation, and who must prepare it, is decided by the receiving party; please confirm before you start. For general translation requirements, see Translation requirements.

What a notary cannot do

Give legal advice: a notary who is not an attorney may not draft legal documents or fill in blanks in documents (other than the notarial certificate), may not explain the contents of a document, and may not charge for legal advice (5 ILCS 312/6-104(h), (k), 3-103(e)). A non-attorney notary who advertises in a foreign language such as Chinese must state that he or she is not an attorney licensed to practice law in Illinois, and may not literally translate “notary public” into a title that could be mistaken for a lawyer (3-103(a)).
Notarize their own signature or a document to which they are a party: a notary may not take an acknowledgment of a document in which the notary’s name appears as a party to the transaction (6-104(b)). The Illinois Notary Public Handbook says a notary may notarize for relatives such as a spouse or children, but may not notarize their own signature.
Change a signed document: once anyone has signed a document, the notary may not alter anything in it (6-104(g)); nor may the notary sign and seal a blank certificate (6-104(c)).
Issue a “certified copy” of a public record: certified copies of public records such as birth, marriage and divorce certificates must be requested from the issuing authority. Taking a photocopy to a notary to be “notarized” does not replace a certified copy from the issuing authority. When such documents will be used abroad, the usual approach is to obtain a certified copy first and then get an apostille; see How to get an apostille.
Notarize outside Illinois: an Illinois notary commission is valid only within the state; a signer who is in another state or abroad cannot have an Illinois notary perform an ordinary notarization.

Remote and electronic notarization

Through P.A. 102-160 (effective June 5, 2023), Illinois allows remote notarization and electronic notarization, with implementing rules adopted by the Secretary of State:

Remote notarization (5 ILCS 312/6-102.5): performed by live audio-video; the signer must attest to being physically located in Illinois at the time, the signing must be recorded and retained, and the signed document must be transmitted to the notary within the required time;
Electronic notarization (5 ILCS 312, Article 6A): must be performed by a separately commissioned electronic notary on a platform approved by the Secretary of State, with identity verified by means such as credential analysis and knowledge-based questions, and the certificate must indicate that it is an electronic notarization.

These procedures have specific requirements for the signer’s location, the technology platform and identity verification, so family members in China generally cannot use them to obtain an Illinois notarization. Whether the Chinese receiving party accepts electronically notarized documents must also be confirmed in advance. If you need to do this remotely, please contact us first to confirm whether a workable method is available.

Notary journal

Illinois requires notaries to record notarial acts in a journal (5 ILCS 312/3-107), with the entries set by Secretary of State rules. During the notarization the notary may ask for and record information such as your name and the title of the document; this is normal procedure.

Common mistakes

Signing at home before the notarization. Sworn documents must be signed in person; if you signed in advance, you will often need to print a new copy.
Bringing an expired ID, or only the signature page. The ID must be current; the document must be complete.
Leaving blanks to fill in after notarization. Changing or filling in a document after notarization casts doubt on its validity and acceptability.
Thinking notarization proves the contents are true. Notarization certifies only the signature; the signer is responsible for the accuracy of the contents.
Taking a photocopy of a birth certificate to be notarized. Request a certified copy from the issuing authority instead.
Getting a notarization but no apostille. Documents for use in mainland China usually also need an apostille from the Secretary of State after notarization.
Still lining up for authentication at a Chinese embassy or consulate in the U.S. Since November 7, 2023, the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents has applied to mainland China; U.S. documents for use in mainland China generally need an apostille instead and no longer require authentication by the embassy or consulates.

When the document will be used in China: next steps

For documents notarized in Illinois, the Illinois Secretary of State issues an apostille certifying the notary’s commission and signature. For the procedure, required materials and official fees, check the Secretary of State’s website; see How to get an apostille. For whether powers of attorney, declarations and similar documents can be used in China and what they need to state, see U.S. documents for use in China; federal documents such as FBI background checks follow a different authentication route, see Authentication of FBI background checks and federal documents.

What we can do

David Wang holds a commission as an Illinois notary public, can discuss the document’s contents and what you are swearing to with you in Chinese, and performs notarizations at our Chicago office;
as an attorney, he can first review or draft powers of attorney, declarations, affidavits and other documents (including those to be sent to China), and notarize them once their purpose is clear;
for documents to be used in mainland China, we help prepare the application for an apostille from the Illinois Secretary of State;
for steps in China, please first confirm the requirements with the Chinese receiving party; our firm does not give advice on Chinese law and, where necessary, works with a lawyer in China or a notary office in China.

Frequently asked questions

Is a U.S. notarization the same as notarization by a notary office in China?

No. A U.S. notary mainly verifies the signer’s identity and witnesses the signing or oath, and does not examine whether the contents of the document are true and lawful. Whether a Chinese receiving party accepts a particular U.S. notarized document is up to that receiving party.

Can a family member get the notarization for me?

No. The signer must personally appear before the notary and present their own ID. If a family member is in China and cannot come to the U.S., they need to handle it separately where they are; please confirm the method with the Chinese receiving party or a local notary institution.

My driver’s license just expired. Can I use it for a notarization?

Illinois law requires the ID to be current at the time of the notarization. If your driver’s license has expired, you can use another qualifying ID instead, such as a valid U.S. passport or State ID.

My document is in Chinese. Can a U.S. notary notarize it?

Yes; what is notarized is the signature. But the notary should be able to communicate with you and confirm that you understand the nature and effect of the document; the notarial certificate is in English. Whether a separate translation is needed depends on the receiving party’s requirements.

Can a notary write my declaration or power of attorney for me?

A non-attorney notary may not draft legal documents or tell you what to write. An attorney notary may draft documents he or she prepares and notarize them.

Can I get a remote notarization online?

Illinois law allows remote and electronic notarization that meets its requirements, but there are specific requirements for the signer’s location and the technology platform. If you need to do this remotely, please contact us first to confirm whether a workable method is available.

Once it is notarized, can I send it to China?

Usually that is not enough. An Illinois-notarized document for use in mainland China generally also needs an apostille from the Illinois Secretary of State. Before sending it, confirm the receiving party’s requirements again.