IL-Notary Maximum Allowable Fees and Fee Schedule Display Flashcards
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A signer tips an Illinois notary $20 above the $5 fee for exceptional service. Is this permissible?
Answer: Yes, voluntary tips are not notarial fees and are not capped by the statute
The $5 cap applies to fees charged for performing notarial acts; a voluntary gratuity freely given by the signer is not a notarial fee under the statute.
An employer pays an Illinois notary a salary to notarize documents as part of their job duties. The employer then charges clients $20 per notarization. Is this permissible?
Answer: No, the employer cannot charge clients more than $5 per notarial act
The $5 maximum applies to the fee charged for the notarial act itself regardless of who collects it; an employer routing fees through a salary structure cannot circumvent the cap.
What is the consequence for an Illinois notary who repeatedly overcharges for notarial acts?
Answer: Possible revocation or suspension of the notary commission by the Secretary of State
The Secretary of State may revoke or suspend a notary's commission for misconduct including charging fees in excess of the statutory maximum.
Under Illinois law, which government officer has authority to set or change the maximum allowable notary fee?
Answer: The Illinois General Assembly by amending the Notary Public Act
Fee maximums are set by statute; only the Illinois General Assembly can amend the Notary Public Act to change those limits.
A notary's posted fee schedule lists $5 for acknowledgments but verbally quotes $10 to a signer. The signer pays $10. The notary has:
Answer: Violated the fee maximum by collecting more than $5 per act
Collecting $10 for a single in-person notarial act exceeds the $5 statutory cap regardless of verbal agreement or what was posted.
An Illinois notary is asked to certify a true copy of a document. The maximum fee for this notarial act is:
Answer: $5, the same as all in-person notarial acts
Certifying a true copy is an in-person notarial act subject to the same $5 per-act maximum as other standard acts.
If an Illinois notary's fee schedule is not conspicuously posted but the notary is charging fees, this failure is best characterized as:
Answer: A potential violation of the Illinois Notary Public Act's fee disclosure requirements
Failing to post a fee schedule when charging fees violates the transparency requirements of the Illinois Notary Public Act and may constitute misconduct.