In the context of notarization, what does the phrase "in the presence of" refer to?

The phrase "in the presence of" in the context of notarization refers specifically to the requirement that the notary must be physically present with the signer at the time the notarial act is performed or, in certain situations, be able to use audio-video communication to confirm the identity and intent of the signer.

This concept is essential for ensuring the integrity of the notarization process. The notary is responsible for verifying that the signer is who they claim to be, that they are signing willingly, and that they understand the document they are signing. Physical presence or an approved form of remote communication allows the notary to fulfill these duties effectively.

Other options provided do not accurately capture the legal standard for notarization in Illinois. While being in a public location with a crowd might imply some level of transparency, it does not meet the requirement of direct interaction. Previous acquaintance with an individual has no bearing on the notarization process, as it does not fulfill the need for identity verification at the time of signing. Similarly, being accompanied by a legal representative does not satisfy the essential requirement of the notary being present, since the notary's role is to authenticate the act of signing, not to facilitate representation.