2005 Illinois Code - 5 ILCS 312/ Illinois Notary Public Act. Article III - Duties - Fees - Authority
(5 ILCS 312/Art. III heading)
ARTICLE III
DUTIES ‑ FEES ‑ AUTHORITY
(5 ILCS 312/3‑101) (from Ch. 102, par. 203‑101)
Sec. 3‑101.
Official Seal.
Each notary public shall, upon receiving the commission from the county
clerk, obtain an official rubber stamp seal with which the notary shall
authenticate his official acts. The rubber stamp seal shall contain the
following information:
(a) the words "Official Seal";
(b) the notary's official name;
(c) the words "Notary Public", "State of Illinois", and "My commission
expires____________(commission expiration date)"; and
(d) a serrated or milled edge border in a rectangular form not more than
one inch in height by two and one‑half inches in length surrounding the information.
(Source: P.A. 84‑322.)
|
(5 ILCS 312/3‑102) (from Ch. 102, par. 203‑102)
Sec. 3‑102.
Official Signature.
At the time of notarization, a notary public shall officially sign every
notary certificate and affix the rubber stamp seal clearly and legibly
using black ink, so that it is capable of photographic reproduction. The
illegibility of any of the information required by this Section does not
affect the validity of a transaction.
(Source: P.A. 84‑322.)
|
(5 ILCS 312/3‑103) (from Ch. 102, par. 203‑103)
Sec. 3‑103. Notice.
(a) Every notary public who is not an attorney or an accredited immigration representative who advertises the services
of a notary public in a language other than English, whether by radio,
television, signs, pamphlets, newspapers, or other written communication,
with the exception of a single desk plaque,
shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following: notice in English and the
language in which the written communication appears. This notice shall be of a
conspicuous size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO
PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR
LEGAL ADVICE". If such advertisement is by radio or television, the
statement may be modified but must include substantially the same message.
A notary public shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material describing the role of the notary public, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. To illustrate, the word "notario" is prohibited under this provision.
Failure to follow the procedures in this Section shall result in a fine of $1,000 for each written violation. The second violation shall result in suspension of notary authorization. The third violation shall result in permanent revocation of the commission of notary public. Violations shall not preempt or preclude additional appropriate civil or criminal penalties.
(b) All notaries public required to comply with the provisions of
subsection (a) shall prominently post at their place of business as recorded
with the Secretary of State pursuant to Section 2‑102 of this Act a schedule
of fees established by law which a notary public may charge. The fee
schedule shall be written in English and in the non‑English language in
which notary services were solicited and shall contain the disavowal of
legal representation required above in subsection (a), unless such notice of disavowal
is already prominently posted.
(c) No notary public, agency or any other person who is not an
attorney shall represent, hold themselves out or advertise that they are
experts on immigration matters or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law unless they are a designated entity as
defined pursuant to Section 245a.1 of Part 245a of the Code of Federal
Regulations (8 CFR 245a.1) or an entity accredited by the Board of Immigration Appeals.
(d) Any person who aids, abets or otherwise induces another person to
give false information concerning immigration status shall be guilty of a
Class A misdemeanor for a first offense and a Class 3 felony for a second
or subsequent offense committed within 5 years of a previous conviction for
the same offense.
Any notary public who violates the provisions of this Section shall be
guilty of official misconduct and subject to fine or imprisonment.
Nothing in this Section shall preclude any consumer of notary public
services from pursuing other civil remedies available under the law.
(e) No notary public who is not an attorney or an accredited representative shall accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law.
(f) Violation of subsection (e) is a business offense punishable by a fine of 3 times the amount received for services, or $1,001 minimum, and restitution of the amount paid to the consumer. Nothing in this Section shall be construed to preempt nor preclude additional appropriate civil remedies or criminal charges available under law.
(g) If a notary public of this State is convicted of 2 or more business offenses involving a violation of this Act within a 12‑month period while commissioned, or of 3 or more business offenses involving a violation of this Act within a 5‑year period regardless of being commissioned, the Secretary shall automatically revoke the notary public commission of that person on the date that the person's most recent business offense conviction is entered as a final judgment.
(Source: P.A. 93‑1001, eff. 8‑23‑04.)
|
(5 ILCS 312/3‑104) (from Ch. 102, par. 203‑104)
Sec. 3‑104. Maximum Fee.
(a) Except as provided in subsection (b) of this Section, the maximum
fee in this State is $1.00 for any notarial act performed.
(b) Fees for a notary public, agency, or any other person who is not
an attorney or an accredited representative filling out immigration forms shall be limited to the following:
(1) $10 per form completion;
(2) $10 per page for the translation of a non‑English |
|
language into English where such translation is required for immigration forms;
|
|
(3) $1 for notarizing;
(4) $3 to execute any procedures necessary to obtain
|
|
a document required to complete immigration forms; and
|
|
(5) A maximum of $75 for one complete application.
Fees authorized under this subsection shall not include application fees
required to be submitted with immigration applications.
Any person who violates the provisions of this subsection shall be guilty
of a Class A misdemeanor for a first offense and a Class 3 felony for a
second or subsequent offense committed within 5 years of a previous
conviction for the same offense.
(c) Upon his own information or upon complaint of any person, the
Attorney General or any State's Attorney, or their designee, may maintain
an action for injunctive relief in the court against any notary public or
any other person who
violates the provisions of subsection (b) of this Section. These
remedies are in addition to, and not in substitution for, other available remedies.
If the Attorney General or any State's Attorney fails to bring an action
as provided pursuant to this subsection within 90 days of receipt of a complaint, any person may file a civil
action to enforce the provisions of this subsection and maintain an action
for injunctive relief.
(d) All notaries public must provide receipts and keep records for fees accepted for services provided. Failure to provide receipts and keep records that can be presented as evidence of no wrongdoing shall be construed as a presumptive admission of allegations raised in complaints against the notary for violations related to accepting prohibited fees.
(Source: P.A. 93‑1001, eff. 8‑23‑04.)
|
(5 ILCS 312/3‑105) (from Ch. 102, par. 203‑105)
Sec. 3‑105.
Authority.
A notary public shall have authority to perform notarial acts throughout
the State so long as the notary resides in the same county in which the
notary was commissioned
or, if the notary is a resident of a state bordering Illinois, so long as the
notary's principal place of work or principal place of business is in the same
county in Illinois in which the notary was commissioned.
(Source: P.A. 91‑818, eff. 6‑13‑00.)
|
(5 ILCS 312/3‑106) (from Ch. 102, par. 203‑106)
Sec. 3‑106.
Certificate of Authority.
Upon the receipt of a written request, the notarized document, and a fee
of $2 payable to the Secretary of State or County Clerk, the Office of
the Secretary of State or County Clerk shall provide a certificate of
authority in substantially the following form:
I ............... (Secretary of State or ......... County Clerk) of
the State of Illinois, which office is an office of record having a seal,
certify that ........ (notary's name), by whom the foregoing or annexed
document was notarized, was, on (insert date), appointed and commissioned a notary public in and for the State of
Illinois
and that as such, full faith and credit is and ought to be given to this
notary's official attestations. In testimony whereof, I have affixed my
signature and the seal of this office on (insert date).
................................................
(Secretary of State or ...... County Clerk).
(Source: P.A. 91‑357, eff. 7‑29‑99.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
