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Is there any problem with us collecting notary fees that our employees earn when performing notary services for a bank customer? – IBA Compliance Connection

Is there any problem with us collecting notary fees that our employees earn when performing notary services for a bank customer?

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1. We are not aware of any prohibitions on financial institutions collecting notary fees charged to customers. There are no provisions in the Illinois Notary Public Act that would prevent this practice, and we are aware of at least one Illinois Supreme Court case upholding an employer’s right to collect notary fees from public employees who perform notary services. In re Kaindl’s Estate, 1 Ill.2d 21, 28 (1953). While that case did not apply to private employees of a bank, we believe that it bolsters the argument that a bank may collect fees for notary services performed by its employees.