Yes, the Illinois Notary Public Act limits notary fees to $1.00, with exceptions for notarizations of documents conveying residential real estate, for which you may charge up to $25, and immigration forms, for which there is a statutory fee schedule. The OCC has not specifically addressed whether a state’s notary public fee limitations apply to national banks, but we are not aware of any federal laws that would operate to preempt Illinois’ notary public fee limitations. 

It is important to note that the Act does prohibit a notary from notarizing a document “in which the notary’s name appears as a party to the transaction.” While the notary’s individual name may not appear as a party on the documents in a transaction with the bank, the notary could be viewed as acting in a representative capacity for the bank. Consequently, we recommend caution when having bank employees notarize documents for transactions with the bank. 

For resources related to our guidance, please see:

• Illinois Notary Public Act, 5 ILCS 312/3-104 (“Except as provided in subsection (b) [regarding immigration forms], 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 [notarizations of documents of conveyance in residential real property transactions].”)

• Illinois Notary Public Act, 5 ILCS 312/6-104(b) (“A notary public shall not acknowledge any instrument in which the notary’s name appears as a party to the transaction.”)