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Public Act 100-0081
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| SB0265 Enrolled | LRB100 05186 HLH 15196 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Notary Public Act is amended by |
changing Sections 3-101, 3-103, 6-103, and 6-104 as follows:
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(5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
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Sec. 3-101. Official Seal and Signature. |
(a) 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:
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(1)
the words "Official Seal";
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(2)
the notary's official name;
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(3)
the words "Notary Public", "State of Illinois", and |
"My commission
expires____________(commission expiration |
date)"; and
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(4)
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.
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(b) (Blank). At the time of the notarial act, 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 |
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illegibility of any of the information required by this Section |
does not affect the validity of a transaction. |
This subsection does not apply on or after July 1, 2013. |
(Source: P.A. 95-988, eff. 6-1-09.)
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(5 ILCS 312/3-103) (from Ch. 102, par. 203-103)
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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, |
electronic communications, or other written communication,
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with the exception of a single desk plaque,
shall include in |
the document, advertisement, stationery, letterhead, business |
card, or other comparable written or electronic material the |
following: notice in English and the
language in which the |
written or electronic communication appears. This notice shall |
be of a
conspicuous size, if in writing or electronic |
communication, 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.
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A notary public shall not, in any document, advertisement, |
stationery, letterhead, business card, electronic |
communication, or other comparable written material describing |
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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.
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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.
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(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
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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.
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(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 |
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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.
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(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.
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Any notary public who violates the provisions of this |
Section shall be
guilty of official misconduct and subject to |
fine or imprisonment.
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Nothing in this Section shall preclude any consumer of |
notary public
services from pursuing other civil remedies |
available under the law.
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(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 |
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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.
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(Source: P.A. 93-1001, eff. 8-23-04.)
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(5 ILCS 312/6-103) (from Ch. 102, par. 206-103)
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Sec. 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.
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(b) A certificate of a notarial act is sufficient if it |
meets the
requirements of subsection (a) and it:
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(1) is in the short form set forth in Section 6-105;
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(2) is in a form otherwise prescribed by the law of |
this State; or
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(3) sets forth the actions of the notary public and |
those are
sufficient to meet the requirements of the |
designated notarial act.
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(c) At the time of a notarial act, a notary public shall |
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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 under this Section does not affect |
the validity of a transaction. |
(Source: P.A. 84-322.)
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(5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
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Sec. 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.
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(b) A notary public shall not acknowledge any instrument in |
which the
notary's name appears as a party to the transaction.
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(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 intent that it be used |
as an affidavit or acknowledgment.
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(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.
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(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.
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(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.
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(g) A notary public shall not change anything in a written |
instrument
after it has been signed by anyone.
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(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.
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(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.
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(Source: P.A. 85-421.)
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