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Our bank employees provide notary services for customers and non-customers. Do the new notary public rules indicate whether banks can limit the types of notarial services they provide? Can our notaries decline to perform certain notarial acts, such as administering oaths or affirmations, or would we need to adopt policies and procedures reflecting the types of notarial acts our employees will perform? – IBA Compliance Connection

IBA Compliance Connection

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Our bank employees provide notary services for customers and non-customers. Do the new notary public rules indicate whether banks can limit the types of notarial services they provide? Can our notaries decline to perform certain notarial acts, such as administering oaths or affirmations, or would we need to adopt policies and procedures reflecting the types of notarial acts our employees will perform?

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Yes, we believe your notaries may elect not to perform oaths or affirmations. The Illinois Notary Public Act provides that any “notary or electronic notary appointed by the Secretary of State may elect not to perform a notarial act or an electronic notarial act for any reason.”

As a best practice, you may wish to adopt procedures reflecting your decision to limit your bank’s notarial services to certain acts, but we do not believe you are required to do so.

For resources related to our guidance, please see:

  • Illinois Notary Public Act, 5 ILCS 312/2-101(d) (“Any notary or electronic notary appointed by the Secretary of State may elect not to perform a notarial act or an electronic notarial act for any reason.”)