The maximum notary fees in Illinois are $5 for a standard in-person notarial act and $25 for an electronic notarial act, with a separate schedule for immigration-related paperwork that caps a complete application at $75. These limits took effect January 1, 2026, under 5 ILCS 312/3-104.1Illinois General Assembly. Illinois Code 5 ILCS 312/3-104 – Maximum Fee A notary who charges more can face criminal penalties and lose their commission.
The $5 Cap for Standard Notarizations
For a traditional, in-person notarization, Illinois law allows up to $5 per notarial act. A separate $25 cap applies to notarial acts performed under Section 3-102 of the Act, which covers specific notarial powers.2Justia Law. Illinois Code 5 ILCS 312 – Article III Duties Fees Authority
The cap is per act, not per signature or per document. If one document requires two separate notarial acts, the notary can lawfully charge for each. If it requires one, you pay for one.
One notarization is always free: a notary cannot charge anything for notarial acts on the Illinois Secretary of State’s Homeless Status Certification form.1Illinois General Assembly. Illinois Code 5 ILCS 312/3-104 – Maximum Fee
The $25 Cap for Electronic and Remote Notarizations
Illinois allows notarial acts performed electronically, including remote notarizations conducted through live audio-video communication. The maximum fee for any electronic notarial act is $25. On top of that, the notary may charge a reasonable fee to cover the cost of providing you with a copy of a journal entry or a recording of the audio-video session.1Illinois General Assembly. Illinois Code 5 ILCS 312/3-104 – Maximum Fee
The higher ceiling reflects the technology and recordkeeping behind the service. An electronic notary must keep a secure electronic journal and retain the journal and audio-video recordings for at least seven years, with password protection or encryption against unauthorized access.3Cornell Law Institute. Illinois Admin Code Title 14 Section 176.960 – Electronic Journal Record Remote notaries also carry a $30,000 surety bond, six times the $5,000 bond a traditional notary posts.4Illinois Secretary of State. Notary Services
Fee Caps for Immigration Paperwork
Illinois sets a separate, itemized fee schedule when a notary, agency, or other non-attorney helps someone with immigration forms. The caps exist because a U.S. notary public has none of the authority that a “notario público” has in many Latin American countries, where that title refers to a licensed attorney.
- $10 per form completed
- $10 per page to translate a non-English document into English for use with immigration forms
- $5 for notarizing
- $3 per procedure needed to obtain a document required for the immigration forms
- $75 maximum for one complete immigration application
These caps do not cover the government filing fees that have to be submitted with immigration applications; those are separate and set by the agency receiving the filing.2Justia Law. Illinois Code 5 ILCS 312 – Article III Duties Fees Authority
A non-attorney notary also cannot give legal advice on immigration matters or represent you before a government agency. Only licensed attorneys and representatives accredited by the Department of Justice can do that.5U.S. Citizenship and Immigration Services. The Unauthorized Practice of Immigration Law If a non-attorney charges above these amounts, or offers to handle your immigration case, that itself is an Illinois law violation.
Receipts and Posted Fee Schedules
Every Illinois notary must give you an itemized receipt, with notarial fees shown as a separate line item apart from any other charges. This is not optional. If a notary fails to provide itemized receipts and cannot produce records showing the fees charged were lawful, Illinois law treats that failure as a presumptive admission of any fee-related allegations in a complaint against them.2Justia Law. Illinois Code 5 ILCS 312 – Article III Duties Fees Authority In practical terms: if you complain and the notary has no records, the law assumes your complaint is valid.
A notary who advertises in a language other than English has an added duty. They must prominently post a fee schedule at the place of business, in English and in the advertising language, along with a clear disclaimer that the notary is not an attorney and cannot provide legal representation.2Justia Law. Illinois Code 5 ILCS 312 – Article III Duties Fees Authority
What to Do If a Notary Charges Over the Limit
Keep the itemized receipt, the notarized document, and any related correspondence. File a signed written complaint with the Illinois Secretary of State on the office’s designated form. The Secretary of State can investigate on its own initiative or based on your complaint, and a notary who refuses to cooperate with the investigation faces automatic suspension or revocation of their commission.6Illinois General Assembly. Illinois Code 5 ILCS 312/7-108 – Reprimand Suspension and Revocation
After investigating, the Secretary of State can issue a warning letter, suspend the commission, revoke it, refer the case for criminal prosecution, or refer a notary who is also an attorney to the Illinois Attorney Registration and Disciplinary Commission. A revoked notary cannot apply for a new commission for at least five years. A notary who receives a suspension or revocation notice after a sworn law enforcement officer has determined the complaint is founded has the right to an administrative hearing.6Illinois General Assembly. Illinois Code 5 ILCS 312/7-108 – Reprimand Suspension and Revocation
Overcharging is a criminal offense in Illinois, not merely an administrative matter. A first offense of charging more than the statutory maximum is a Class A misdemeanor, punishable by up to one year in jail and a fine. A second or subsequent offense within five years of a prior conviction becomes a Class 3 felony.1Illinois General Assembly. Illinois Code 5 ILCS 312/3-104 – Maximum Fee
You are not limited to the Secretary of State process. The Attorney General or any State’s Attorney can ask a court to enjoin a notary from continuing to overcharge. If neither office acts within 90 days of receiving a complaint, you can file a civil action yourself to enforce the fee limits.1Illinois General Assembly. Illinois Code 5 ILCS 312/3-104 – Maximum Fee
What a Fee Does Not Buy You
No fee, however high, authorizes a notary to perform acts the law places off limits. A notary who is not also a licensed Illinois attorney cannot prepare legal documents, cannot fill in blanks on any document other than a notary certificate, and cannot explain, certify, or verify what a document says. A notary cannot notarize a document in which the notary is named as a party, cannot sign a blank affidavit or acknowledgment form, and cannot alter a written instrument after it has been signed. A notary cannot notarize for someone who does not speak English unless the document’s nature and effect have first been translated into a language the signer understands, and must read the instrument aloud to a blind signer before notarizing.7Illinois General Assembly. Illinois Code 5 ILCS 312/6-104 – Acts Prohibited
A notary who knowingly and willfully commits official misconduct faces Class A misdemeanor charges; reckless or negligent misconduct is a Class B misdemeanor.8Illinois General Assembly. Illinois Code 5 ILCS 312 – Article VII Violations and Penalties If a notary offers to do any of the prohibited acts for a higher fee, decline, and consider filing a complaint.