2005 Illinois Code - 5 ILCS 312/ Illinois Notary Public Act. Article VII - Liability And Revocation
(5 ILCS 312/Art. VII heading)ARTICLE VII
LIABILITY AND REVOCATION
(5 ILCS 312/7‑101) (from Ch. 102, par. 207‑101)
Sec. 7‑101.
Liability of Notary and Surety.
A notary public and the surety on the notary's bond are liable to the
persons involved for all damages caused by the notary's official misconduct.
(Source: P.A. 84‑322.)
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(5 ILCS 312/7‑102) (from Ch. 102, par. 207‑102)
Sec. 7‑102.
Liability of Employer of Notary.
The employer of a notary public is also liable to the persons involved
for all damages caused by the notary's official misconduct, if:
(a) the notary public was acting within the scope of the notary's
employment at the time the notary engaged in the official misconduct; and
(b) the employer consented to the notary public's official misconduct.
(Source: P.A. 84‑322.)
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(5 ILCS 312/7‑103) (from Ch. 102, par. 207‑103)
Sec. 7‑103.
Cause of Damages.
It is not essential to a recovery of damages that a notary's official
misconduct be the only cause of the damages.
(Source: P.A. 84‑322.)
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(5 ILCS 312/7‑104) (from Ch. 102, par. 207‑104)
Sec. 7‑104.
Official Misconduct Defined.
The term "official misconduct"
generally means the wrongful exercise of a power or the wrongful
performance of a duty and is fully defined in Section 33‑3 of the Criminal
Code of 1961. The term "wrongful" as used in the definition of official
misconduct means unauthorized, unlawful, abusive, negligent, reckless,
or injurious.
(Source: P.A. 85‑293.)
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(5 ILCS 312/7‑105) (from Ch. 102, par. 207‑105)
Sec. 7‑105.
Official Misconduct.
(a) A notary public who knowingly and willfully commits any official
misconduct is guilty of a Class A misdemeanor.
(b) A notary public who recklessly or negligently commits any official
misconduct is guilty of a Class B misdemeanor.
(Source: P.A. 84‑322.)
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(5 ILCS 312/7‑106) (from Ch. 102, par. 207‑106)
Sec. 7‑106.
Willful Impersonation.
Any person who acts as, or otherwise willfully impersonates, a notary
public while not lawfully appointed and commissioned to perform notarial
acts is guilty of a Class A misdemeanor.
(Source: P.A. 84‑322.)
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(5 ILCS 312/7‑107) (from Ch. 102, par. 207‑107)
Sec. 7‑107.
Wrongful Possession.
Any person who unlawfully possesses a notary's official seal is guilty of
a misdemeanor and punishable upon conviction by a fine not exceeding $1,000.
(Source: P.A. 84‑322.)
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(5 ILCS 312/7‑108) (from Ch. 102, par. 207‑108)
Sec. 7‑108.
Revocation of Commission.
The Secretary of State may revoke the commission of any notary public who,
during the current term of appointment:
(a) submits an application for commission and appointment as a notary
public which contains substantial and material misstatement or omission of fact; or
(b) is convicted of any felony or official misconduct under this Act.
(Source: P.A. 84‑322.)
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(5 ILCS 312/7‑109) (from Ch. 102, par. 207‑109)
Sec. 7‑109.
Action for Injunction, Unauthorized Practice of Law.
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 circuit court against any notary public who
renders, offers to render, or holds himself or herself out as rendering any service
constituting the unauthorized practice of the law. Any organized bar
association in this State may intervene in the action, at any stage of the
proceeding, for good cause shown. The action may also be maintained by an
organized bar association in this State. These remedies are in addition to,
and not in substitution for, other available remedies.
(Source: P.A. 84‑322.)
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