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(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
(Text of Section before amendment by P.A. 102-160)
Sec. 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 and, until July 1, 2018, up to $25 for any notarial act performed pursuant to Section 3-102.
(b) Fees for a notary public, agency, or any other person who is not
an attorney or an accredited representative filling out immigration forms shall be limited to the following:
(1) $10 per form completion;
(2) $10 per page for the translation of a non-English |
| language into English where such translation is required for immigration forms;
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(3) $1 for notarizing;
(4) $3 to execute any procedures necessary to obtain
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| a document required to complete immigration forms; and
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(5) A maximum of $75 for one complete application.
Fees authorized under this subsection shall not include application fees
required to be submitted with immigration applications.
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 within 90 days of receipt of a complaint, any person may file a civil
action to enforce the provisions of this subsection and maintain an action
for injunctive relief.
(d) All notaries public must provide receipts and keep records for fees accepted for services provided. Failure to provide receipts and keep records that can be presented as evidence of no wrongdoing shall be construed as a presumptive admission of allegations raised in complaints against the notary for violations related to accepting prohibited fees.
(Source: P.A. 98-29, eff. 6-21-13.)
(Text of Section after amendment by P.A. 102-160)
Sec. 3-104. Maximum fee.
(a) Except as otherwise provided in this subsection (a), the maximum
fee for non-electronic notarization in this State is $5 for any notarial act performed and up to $25 for any notarial act performed pursuant to Section 3-102.
Fees for a notary public, agency, or any other person who is not
an attorney or an accredited representative filling out immigration forms shall be limited to the following:
(1) $10 per form completion;
(2) $10 per page for the translation of a non-English
|
| language into English where such translation is required for immigration forms;
|
|
(3) $5 for notarizing;
(4) $3 to execute any procedures necessary to obtain
|
| a document required to complete immigration forms; and
|
|
(5) A maximum of $75 for one complete application.
Fees authorized under this subsection shall not include application fees
required to be submitted with immigration applications.
(b) The maximum fee in this State up to $25 for any electronic notarial act performed pursuant to this Act. An electronic notary public may charge a reasonable fee to recover any cost of providing a copy of an entry or a recording of an audio-video communication in an electronic journal maintained pursuant to Section 3-107.
(c) Any person who violates the provisions of subsection (a) or (b) 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.
(d) 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 (a) or (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 within 90 days of receipt of a complaint, any person may file a civil
action to enforce the provisions of this subsection and maintain an action
for injunctive relief.
(e) All notaries public must provide itemized receipts and keep records for fees accepted for services provided. Notarial fees must appear on the itemized receipt as separate and distinct from any other charges assessed. Failure to provide itemized receipts and keep records that can be presented as evidence of no wrongdoing shall be construed as a presumptive admission of allegations raised in complaints against the notary for violations related to accepting prohibited fees.
(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)
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