5 Illinois Compiled Statutes 312

ARTICLE I: General Provisions

1-101. Short Title. This act shall be known and may be cited as "The Illinois Notary Public Act". Amended by P.A. 86-1475, effective January 10, 1991.

1-102. Purposes and Rules of Construction.

(a) This Act shall be construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this Act are: (1) to simplify, clarify, and modernize the law governing notaries public; and (2) to promote, serve and protect the public interest.

1-103. Prospective Effect of Act.

This act applies prospectively. Nothing in this Act shall be construed to revoke any notary public commission existing on the effective date of this Act. All reappointment of notarial commissions shall be obtained in accordance with this Act.

1-104. Notary Public and Notarization Defined.

(a) The terms "notary public" and "notary" are used interchangeably to mean any individual appointed and commissioned to perform notarial acts.

(b) "Notarization" means the performance of a notarial act.

ARTICLE II: Appointment Provisions

2-101. Appointment

The Secretary of State may appoint and commission as notaries public for a four year term as many persons resident in a county in this State as he deems necessary.

2-102. Application.

Every applicant for appointment and commission as a notary shall complete an application form furnished by the Secretary of State to be filed with the Secretary of State stating: (a) the applicant's official name, which contains his or her last name and at least the initial of the first name; (b) the county in which the applicant resides; (c) the applicants residence address and business address, if any, or any address at which an applicant will use a notary public commission to receive fees; (d) that the applicant has resided in the State of Illinois for 30 days preceding the application; (e) that the applicant is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; (f) that the applicant is at least 18 years of age; (g) that the applicant is able to read and write the English language; (h) that during the past 10 years the applicant's commission as notary (if any) has not been revoked; (i) that the applicant has not been convicted of a felony; and (j) any other information the Secretary of State deems necessary. As amended by Public Act 85-593, effective Oct. 20, 1987

2-103. Appointment Fee.

Every applicant for appointment and commission as a notary public shall pay to the Secretary of State a fee of $10.

2-104. Oath.

Every applicant for appointment and commission as a notary public shall take the following oath in the presence of a person qualified to administer an oath in this State:

"I,_______________(name of applicant), solemnly affirm, under the penalty of perjury, that the answers to all questions in this application are true, complete, and correct; that I have carefully read the notary law of this State; and that, if appointed and commissioned as a notary public, I will perform faithfully, to the best of my ability, all notarial acts in accordance with the law.

____________________________(Signature of applicant)

Subscribed and affirmed before me this_____________day of ________________, 19___.

__________________________________

(Official signature and official seal of notary)". (As amended by Public Act 85-1396, effective September 2, 1988.)

2-105. Bond.

Every application for appointment and commission as a notary public shall be accompanied by an executed bond commencing on the date of appointment with a term of 4 years, in the sum of $5,000, with, as surety thereon, a company qualified to write surety bonds in this State. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this Act. The Secretary of State may prescribe an official bond form.

2-106 Appointment Recorded by County Clerk.

The appointment of the applicant as a notary public is complete when the commission is recorded with the county clerk.

The Secretary of State shall forward the applicant's commission to the county clerk of the county in which the applicant resides. Upon receipt thereof, the county clerk shall notify the applicant of the action taken by the Secretary of State, and the applicant shall either appear at the county clerk's office to record the same and receive the commission or request by mail to have the commission sent to the applicant with a specimen signature of the applicant attached to the request. The applicant shall have a record of the appointment, and the time when the commission will expire, entered in the records of the office of the county clerk. When the applicant appears before the county clerk, the applicant shall pay a fee of $5, at which time the county clerk shall then deliver the commission to the applicant.

If the appointment is completed by mail, the applicant shall pay the county clerk a fee of $10.00, which shall be submitted with the request to the count clerk. The county clerk shall then record the appointment and send the commission by mail to the applicant.

If the applicant does not respond to the notification by the county clerk within 30 days, the county clerk shall again notify the applicant that the county clerk has received the applicant's notary public commission issued by the Secretary of State. The second notice shall be in substantially the following form.

{Form deleted for brevity}

The Secretary of State shall cancel the appointment of all notaries whose commission are returned to his office by the county clerks. No application fee will be refunded and no bonding company is required to issue a refund when an appointment is canceled.

ARTICLE III: Duties-Fees-Authority

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.

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.

3-103 Notice.

(a) Every notary public who is not an attorney who advertises the services of a notary public in a language other than English, whether by radio, television, signs, pamphlets, newspaper, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with such advertisement a notice in English and the language in which the advertisement 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 ADVISE 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.

Literal transaction of the phrase "Notary Public" into a language other than English in prohibited. For the purposes of this subsection, "literal translation" of a word or phrase form one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated.

(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 my 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 unless they are a designated entity as defined pursuant to Section 245a.1 of Part 245a of the Code of Federal Regulations (8CFR 245a.1) or an entity accredited by the Board of Immigrations 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. (As amended by Public Act 85-593, effective Oct. 20, 1987)

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 filling out legalization forms or applications related to the Immigration Reform and Control Act of 1986 shall be as follows:

(1) $75 per person;

(2) $75 per person up to 4 persons per immediate family, with no additional charge for a fifth or subsequent person where all persons are legally related;

(3) $10 per page for the translation of a non-English language into English where such translation is required for legalization forms;

(4) $1 for notarizing; and

(5)$3 to execute any procedures necessary to obtain a document required to complete legalization forms.

Fees authorized under this subsection shall not include application fees required to be submitted with a legalization application in conformity with the Immigration and Control Act of 1986.

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 any person may file a civil action to enforce the provisions of this subsection and maintain an action for injunctive relief. (As amended by Public Act 85-593, effective Oct. 20, 1987)

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.

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 the _____ day of _______, 19_____, 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 in this notary's official attestations. In testimony whereof, I have affixed my signature and the seal of this office this _______________day of ________________, 19_____

__________________________________________ (Secretary of State or __________________________________________County Clerk)

ARTICLE IV: Change of Name or Move From County

4-101. Change of Name or Move from County.

When any notary public legally changes his or her name or moves form the county in which he or she was commissioned, the commission ceases to be in effect and should be returned to the Secretary of State. These individuals who desire to again become a notary public must file a new application, bond, and oath with the Secretary of State. (As amended by Public Act 85-1209, effective Aug. 20, 1988)

ARTICLE V: Reappointment as a Notary Public

5-101. Reappointment.

No person is automatically reappointed as a notary public. At least 60 days prior to the expiration of a commission the Secretary of State shall mail notice of the expiration date to the holder of a commission. Every notary public who is an applicant for reappointment shall comply with the provisions of Article II of this Act.

5-102. Solicitation to Purchase Bond.

No person shall solicit any notary public and offer to provide a surety bond more that 60 days in advance of the expiration date of the notary public's commission.

Nor shall any person solicit any applicant for a commission or reappointment thereof and offer to provide a surety bond for the notary commission unless any such solicitation specifically sets forth in bold face type not less that 1/4 inch in height the following: "WE ARE NOT ASSOCIATED WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY".

Whenever it shall appear to the Secretary of State that any person is engaged or is about to engage in any act or practices which constitute a violation of the provisions of this Section, the Secretary of State may, in his discretion, through the Attorney General, apply for an injunction, and upon a proper showing, any circuit court shall have power to issue a permanent or temporary injunction or restraining order without bond to enforce the provisions of this Act, and either party to such suit shall have the right to prosecute an appeal form the order or judgment of the court.

Any person, association, corporation, or others who violate the provisions of this Section shall be guilty of a business offense and punishable by a fine of not less than $500 for each offense.

ARTICLE VI: Notarial Acts and Forms

6-101. Definitions.

(a) "Notarial act" means any act that a notary public of this Sate is authorized to perform and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature.

(b) "Acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated therein and , if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.

(c) "Verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation.

(d) "In a representative capacity" means:

(1) for and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;

(2) as a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;

(3) as an attorney in fact for the principal; or

(4)in any other capacity as an authorized representative of another.

6-102. Notarial Acts.

(a) In taking an acknowledgment, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment is the person whose true signature is on the instrument.

(b) In taking a verification upon oath or affirmation, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the verification is the person whose true signature is on the statement verified.

(c) In witnessing or attesting a signature, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein.

(d) A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:

(1) is personally known to the notary;

(2) is identified upon the oath or affirmation of a credible witness personally known to the notary; or

(3) is identified on the basis of identification documents.

6-103. Certificate of Notarial Acts

(a) A notarial act must be evidenced by a certificate signed and dated by the notary public. The certificate must include identification of the jurisdiction in which the notarial act is performed and the official seal of office.

(b) A certificate of a notarial act is sufficient if it meets the requirements of subsection (a) and it:

(1) is in the short form set forth in Section 6-105

(2) is in a form otherwise prescribed by the law of this State; or

(3) set forth the actions of the notary public and those are sufficient to meet the requirements of the designated notarial act.

6-104. Acts Prohibited

(a) A notary public shall not use any name or initial in signing certificates other than that by which the notary was commissioned.

(b) A notary public shall not acknowledge any instrument in which the notary's appears as a party to the transaction.

(c) A notary public shall not affix his signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment.

(d) A notary public shall not take the acknowledgment of or administer an oath to any person whom the notary actually knows to have been adjudged mentally ill by a court of competent jurisdiction and who has not been restored to mental health as a matter of record.

(e) A notary public shall not take the acknowledgment of any person who is blind until the notary has read the instrument to such person.

(f) A notary public shall not take the acknowledgment of any person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.

(g) A notary public shall not change anything in a written instrument after it has been signed by anyone.

(h) No notary public shall be authorized to prepare any legal instrument, or fill in the blanks of an instrument, other than a notary certificate; however, this prohibition shall not prohibit an attorney, who is also a notary public, from performing notarial acts for any document prepared by that attorney.

(i) If a notary public accepts or receives any money from any one to whom an oath has been administered or on behalf of whom an acknowledgment has been taken for the purpose of transmitting or forwarding such money to another and willfully fails to transmit or forward such money promptly, the notary is personally liable for any loss sustained because of such failure. The person or persons damaged by such failure may bring an action to recover damages, together with interest and reasonable attorney fees, against such notary public or his bondsmen. (As amended by Public Act 85-421, effective Jan.1, 1988)

6-105. Short Forms.

See Notary Sample Forms

ARTICLE VII: Liability and Revocation

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.

7-102. Liability of Notary.

The employer of a notary public in 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.

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.

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. (As amended by Public Act 85-293, effective Sept. 8, 1987)

7-105. Official Misconduct.

(a) A notary public who knowingly or willfully commits any official misconduct is guilty of a Class A misdemeanor.

(b) A notary public who recklessly or negligently commits an official misconduct is guilty of a Class B misdemeanor.

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.

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.

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.

7-109. Action For Injunction, Unauthorized Practice of Law

Upon his own information and 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 bas association in this State. These remedies are in addition to, and not in substitution for, other available remedies.