Public Act 100-0081
 
SB0265 EnrolledLRB100 05186 HLH 15196 b



    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
 
    Section 5. The Illinois Notary Public Act is amended  by 
changing Sections 3-101, 3-103, 6-103, and 6-104 as follows:
 


    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)




    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:

        (1)
 the words "Official Seal";

        (2)
 the notary's official name;

        (3)
 the words "Notary Public", "State of Illinois", and 
    "My commission
expires____________(commission expiration 
    date)"; and

        (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.

    (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 
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.)

 



    (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, 
electronic communications, 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 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.

    A notary public shall not, in any document, advertisement, 
stationery, letterhead, business card, electronic 
communication, 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 312/6-103)  (from Ch. 102, par. 206-103)



    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.

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

    (c) At the time of a 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 illegibility of any 
of the information required under this Section does not affect 
the validity of a transaction. 
(Source: P.A. 84-322.)

 



    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)



    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.

    (b) A notary public shall not acknowledge any instrument in 
which the
notary's name 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 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.

(Source: P.A. 85-421.)