How far in advance of a notary's commission expiration date may a person solicit that notary to offer a surety bond?
Based on: 5 ILCS 312/5-102 (Solicitation to Purchase Bond)
Illinois Notary Exam · Penalties
Illinois Notary Exam Practice Questions: Prohibited Acts and Penalties (2026)
Illinois disciplines notaries for official misconduct and prohibited acts under 5 ILCS 312/6-104, 7-104, 7-105 and 7-108. Official misconduct committed knowingly and willfully is a Class A misdemeanor, while reckless or negligent misconduct is a Class B misdemeanor, under 5 ILCS 312/7-105. The notary and the surety on the bond are liable for all damages caused by the misconduct under 5 ILCS 312/7-101. Illinois caps notary fees, requires fees on an itemized receipt, and treats overcharging as official misconduct.
Practice
Free practice questions
When a person solicits a notary applicant and offers a surety bond, what specific disclaimer must the solicitation contain in bold face type not less than 1/4 inch in height?
Based on: 5 ILCS 312/5-102 (Solicitation to Purchase Bond)
What minimum height must the bold face type disclaimer be in a solicitation to provide a notary surety bond?
Based on: 5 ILCS 312/5-102 (Solicitation to Purchase Bond)
A person who violates the provisions governing solicitation to purchase a notary bond under 5 ILCS 312/5-102 is guilty of what offense?
Based on: 5 ILCS 312/5-102 (Solicitation to Purchase Bond)
Through whom may the Secretary of State apply for an injunction against a person engaging in solicitation practices that violate the bond solicitation Section?
Based on: 5 ILCS 312/5-102 (Solicitation to Purchase Bond)
Under the acts prohibited Section, what name may a notary use in signing certificates?
Based on: 5 ILCS 312/6-104(a) (Acts prohibited)
May an Illinois notary acknowledge an instrument in which the notary's own name appears as a party to the transaction?
Based on: 5 ILCS 312/6-104(b) (Acts prohibited)
Under the acts prohibited Section, what is a notary forbidden to do with a blank form of affidavit or certificate of acknowledgment?
Based on: 5 ILCS 312/6-104(c) (Acts prohibited)
A notary actually knows a person has been adjudged mentally ill by a court and not restored to mental health as a matter of record. What does the acts prohibited Section say about administering an oath to that person?
Based on: 5 ILCS 312/6-104(d) (Acts prohibited)
Before taking the acknowledgment of a person who is blind, what must the notary do under the acts prohibited Section?
Based on: 5 ILCS 312/6-104(e) (Acts prohibited)
Fees, itemized receipts and overcharging
Fee discipline is tested because it is concrete. Under 5 ILCS 312/3-104(a) the maximum fee for a traditional paper, in-person notarial act is $5.00 per notarial act, and under 5 ILCS 312/3-104(b) the maximum for an electronic notarial act is $25.00 per electronic notarial act. A remote notarization in Illinois is performed as an electronic notarial act, so the $25.00 electronic cap applies; no separate, higher figure is published. The cap is per notarial act, not per signature, so there is no per-additional-name tier in Illinois. Under 5 ILCS 312/3-104 a notary's fees must appear on an itemized receipt separate and distinct from any other charges, and the notary must keep records of the fees charged, with the failure to do so treated as a presumptive admission in a complaint alleging a prohibited fee. The caps are maximums, so a notary may charge less or waive the fee entirely, and 14 Ill. Adm. Code 176.540 confirms a notary is not required to charge any fee. Charging more than the cap is overcharging and is official misconduct. The official source for these figures is the Illinois General Assembly text of Section 3-104, at https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=000503120K3-104. Solicitation around the bond is also limited: under 5 ILCS 312/5-102 no person may solicit a notary and offer a surety bond more than 60 days in advance of the commission's expiration date, and a violation is a business offense punishable by a fine of not less than $500 for each offense.
Prohibited acts, misdemeanor classes and Secretary of State discipline
The Act lists conduct a notary may never do and the penalties that follow. Under 5 ILCS 312/6-104(a) a notary may not sign certificates using any name or initial other than the one by which the notary was commissioned, and under 5 ILCS 312/6-104(h) a non-attorney notary is not authorised to prepare any legal instrument or fill in the blanks of an instrument other than a notary certificate. Official misconduct is defined in 5 ILCS 312/7-104 as the wrongful exercise of a power or the wrongful performance of a duty. The penalties scale with intent: under 5 ILCS 312/7-105(a) a notary who knowingly and willfully commits official misconduct is guilty of a Class A misdemeanor, while under 5 ILCS 312/7-105(b) a notary who recklessly or negligently commits official misconduct is guilty of a Class B misdemeanor. Impersonating a notary is a Class A misdemeanor under 5 ILCS 312/7-106(a), and unlawfully possessing or destroying a notary's seal is a misdemeanor punishable by a fine not exceeding $1,000 under 5 ILCS 312/7-107(c). The notary does not bear the cost alone: under 5 ILCS 312/7-101 the notary and the surety on the bond are liable for all damages caused by the notary's official misconduct. The Secretary of State's administrative powers are broad. Under 5 ILCS 312/7-108(a) the Secretary may revoke a commission where the application contains a substantial and material misstatement or omission of fact, and under 5 ILCS 312/7-108(e) official misconduct as defined in Section 7-104 is a ground for a written warning, reprimand, suspension or revocation. Under 14 Ill. Adm. Code 176.970(c) the notice to a notary who is the subject of a complaint is sent by regular mail to the address on file with the Secretary of State.
| Conduct | Offense | Statute |
|---|---|---|
| Knowing and willful official misconduct | Class A misdemeanor | 5 ILCS 312/7-105(a) |
| Reckless or negligent official misconduct | Class B misdemeanor | 5 ILCS 312/7-105(b) |
| Willfully impersonating a notary | Class A misdemeanor | 5 ILCS 312/7-106(a) |
| Unlawful possession or destruction of the seal | Fine up to $1,000 | 5 ILCS 312/7-107(c) |
| Soliciting a bond more than 60 days early | Business offense, fine $500+ | 5 ILCS 312/5-102 |
FAQ
Frequently asked questions
What are the penalties for notary official misconduct in Illinois?
Under 5 ILCS 312/7-105, an Illinois notary who knowingly and willfully commits official misconduct is guilty of a Class A misdemeanor, and one who recklessly or negligently commits official misconduct is guilty of a Class B misdemeanor. Official misconduct is defined in 5 ILCS 312/7-104 as the wrongful exercise of a power or the wrongful performance of a duty.
Can the Illinois Secretary of State revoke a notary commission?
Yes. Under 5 ILCS 312/7-108(a), the Illinois Secretary of State may revoke a commission where the application contains a substantial and material misstatement or omission of fact, and under 5 ILCS 312/7-108(e) official misconduct as defined in Section 7-104 is a ground for a warning, reprimand, suspension or revocation. A complaint notice is sent by regular mail under 14 Ill. Adm. Code 176.970(c).
Does an Illinois notary have to give an itemized receipt for fees?
Yes. Under 5 ILCS 312/3-104, an Illinois notary's fees must appear on an itemized receipt separate and distinct from any other charges, and the notary must keep records of the fees charged. The maximum is $5.00 per non-electronic act and $25.00 per electronic act, and overcharging is treated as official misconduct.
Who is liable for damages from an Illinois notary's misconduct?
Under 5 ILCS 312/7-101, both the Illinois 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. This is why the surety bond exists: it protects the public, not the notary, so notaries often add their own errors-and-omissions cover.