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Law

IL House Bill 2176

Notary Law Update: IL House Bill 2176

State: Illinois

Summary:

House Bill 2176 modifies the requirements for Notaries who advertise notarial services in a foreign language.

Signed:  August 23, 2019

Effective:  January 01, 2020

Chapter: Public Act 101-0465

Affects:

Amends 5 ILCS 312/3-103.

Changes:
  1. Modifies the required legal notice that a Notary who is not an attorney or accredited immigration representative must include in non-English advertisements, as specified, to read: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL ADVICE ON ANY MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF IMMIGRATION, OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF THOSE ACTIVITIES.”
  2. Raises the fine for the failure of a Notary to follow specified notice requirements from $1,000 to $1,500. 
  3. Provides that a second (rather than third) violation for failing to follow the specified notice requirement shall result in permanent revocation of the commission of the Notary and repeals the current law that a second violation results in suspension of Notary commission. 
  4. Provides that a Notary who is subject to the foreign-language advertising requirement must provide to persons seeking notarial services an acknowledgment form reciting the legal notice in substantially the same form as the statement required for written and electronic advertisements, and must have the person seeking notarial services sign the form; and further provides that the Notary must provide a copy of the signed form to the person and retain a copy of the signed form throughout their current commission and for 2 years thereafter.
  5. Provides that the acknowledgment form shall be translated by the Secretary of State into Spanish and any other language the Secretary deems necessary and provided on the Secretary’s website.
Analysis:

House Bill 2176 amends the statute related to non-English advertisements by Notaries Public. The statute is designed to provide individuals seeking notarial services with a notice in which the Notary who is providing the services states that he or she is not an attorney or an accredited representative under federal law who is authorized to provide legal services. HB 2176 modifies the legal notice that a Notary must provide in any non-English advertisement. It further requires the Notary who is subject to the foreign language advertising requirements to provide an acknowledgment form with this legal notice to each customer requesting notarial services. The bill requires the Secretary of State to create the acknowledgment form and translate it into Spanish and any other language the Secretary deems necessary. The bill also modifies penalties for violations of the section.

Read the bill text.

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