4.4 Fee Structure & Itemized Receipts

4.4 Fee Structure & Itemized Receipts

Notary fees in Illinois are strictly regulated by statute to protect the public from overcharging, extortion, and deceptive fee practices. Under 5 ILCS 312/3-104 and Ill. Admin. Code tit. 14, part 176, the Illinois General Assembly establishes statutory maximum fee caps for both traditional in-person notarizations and electronic notarizations. In addition, state regulations mandate strict itemized receipt requirements whenever fees are collected. Notaries must understand statutory caps, travel fee rules, and receipt protocols to remain in compliance.

---

Statutory Fee Caps (5 ILCS 312/3-104)

Illinois law establishes two separate fee schedules based on whether the notarial act is performed traditionally in person or electronically via Remote Online Notarization (RON).

+---------------------------------------------------------------------------------------------------+
|                                 ILLINOIS STATUTORY NOTARY FEE CAPS                                |
+---------------------------------------------------------------------------------------------------+
| Notarial Act Category           | Statutory Maximum Fee Cap (5 ILCS 312/3-104)                      |
+---------------------------------+-----------------------------------------------------------------+
| Traditional In-Person Act       | Maximum **$5.00** per notarial act / certificate                |
| (Acknowledgment, Oath, etc.)    |                                                                 |
+---------------------------------+-----------------------------------------------------------------+
| Electronic Notarial Act / RON   | Maximum **$25.00** per electronic notarial act / certificate    |
| (Remote Online Notarization)    |                                                                 |
+---------------------------------+-----------------------------------------------------------------+

Detailed Breakdown of Fee Rules

1. Traditional In-Person Fee Cap ($5.00): A notary public may charge a maximum fee of $5.00 for performing any traditional in-person notarial act, regardless of whether the act is an acknowledgment, verification upon oath or affirmation, signature witnessing, or copy certification.
2. Electronic / Remote Online Notarization Fee Cap ($25.00): For electronic notarial acts (RON performed via approved audio-video communication platforms under Ill. Admin. Code 176), the maximum statutory fee is $25.00 per electronic notarization. This higher cap reflects technology infrastructure, identity proofing, and credential analysis costs.
3. Per-Signature / Per-Act Principle: Fee caps apply per notarial act (certificate executed). If a single document requires three distinct notarization certificates for three signers, the notary may charge up to $5.00 per certificate (totaling $15.00). However, charging $10.00 for a single in-person certificate is illegal.

---

Immigration-Form Fee Caps (5 ILCS 312/3-104(a))

Separate statutory caps apply when a notary public, agency, or other person who is not an attorney or accredited representative fills out immigration forms. Under 5 ILCS 312/3-104(a), fees are limited to:

These immigration-related charges are subject to the Act's aggregate limit of $75 per customer for the listed immigration-form services (unless a different statutory exception applies), and they sit alongside—not instead of—the general notarial-act caps of $5 (traditional) and $25 (electronic). Non-attorney notaries must also obey the advertising and notario rules in 5 ILCS 312/3-103.

---

Discretionary Nature of Fees & Employer Policies

Charging fees for notarial acts is entirely optional. The law sets maximum caps, but does not mandate charging fees.

• Waiving Fees: Notaries have full discretion to charge less than statutory maximums or waive fees completely (e.g., providing free notarizations for clients, coworkers, low-income individuals, or non-profits).
• Employer Fee Policies: Employers who cover commission expenses may dictate workplace fee policies—such as requiring employees to perform work-related notarizations free of charge or turn collected statutory fees over to the employer.

---

Mandatory Itemized Receipts & Presumptive Overcharging Penalties

Whenever an Illinois notary public charges a fee for performing notarial services—or combines statutory notary fees with ancillary charges such as travel, administrative, or clerical services—the notary must provide an itemized receipt to the principal.

+----------------------------------------------------------------------------------------------------+
|                               SAMPLE COMPLIANT ITEMIZED RECEIPT                                    |
+----------------------------------------------------------------------------------------------------+
|  RECEIPT FOR NOTARIAL & TRAVEL SERVICES                                                            |
|  Date: May 1, 2026                                 Receipt #: 2026-084                             |
|  Notary Name: Jane Q. Public                       Commission Exp: 05/01/2028                      |
|                                                                                                    |
|  Itemized Charges:                                                                                 |
|  1. Statutory In-Person Notarial Act Fee (1 Acknowledgment)............... $ 5.00                  |
|  2. Travel Fee (Agreed upon in advance prior to travel).................... $25.00                  |
|  3. Clerical Document Printing (20 pages).................................. $ 5.00                  |
|  --------------------------------------------------------------------------------                  |
|  TOTAL COLLECTED:................................------------------------- $35.00                  |
|                                                                                                    |
|  Principal Name: John Doe                                                                          |
|  Notary Signature: _____________________________________                                           |
+----------------------------------------------------------------------------------------------------+

Key Receipt Mandates & Statutory Presumption

• Segregation of Charges: Receipts must list statutory notary fees separately from travel fees, copying costs, printing, or administrative charges.
• Presumptive Overcharging Penalty: Under Illinois administrative rules, failing to issue an itemized receipt upon request—or failing to separately itemize statutory notary fees from travel costs—creates a statutory presumption that the notary overcharged for the notarial act.
• Disciplinary Action: Overcharging or failing to issue itemized receipts constitutes official misconduct under 5 ILCS 312/7-108, subjecting the notary public to administrative fines, commission suspension, or commission revocation.

---

Travel Fees & Ancillary Service Rules

Mobile notaries frequently travel to client locations (homes, hospitals, nursing facilities, corporate offices). Illinois law permits charging travel fees, provided strict consumer protection conditions are met.

1. Advance Agreement Mandatory: Travel fees are not capped by statutory notary fee rules, but MUST be agreed upon in advance between the notary and the principal prior to traveling or performing the act. Unilateral travel fees added after arrival are strictly illegal.
2. Itemization Requirement: On itemized receipts and in journal entries, travel fees must be listed as a separate line item distinctly separated from statutory notary fees.

---

Key Takeaways Summary

• Statutory Caps: Maximum $5.00 per traditional in-person notarial act; maximum $25.00 per electronic notarial act (RON).
• Fees Optional: Fees are discretionary; notaries may charge less than statutory caps or waive fees entirely.
• Itemized Receipt Requirement: Notaries MUST provide an itemized receipt separating statutory notary fees from travel and clerical fees.
• Presumptive Overcharging: Failure to provide an itemized receipt creates a legal presumption of illegal overcharging.
• Advance Travel Agreement: Travel fees are permitted only if agreed upon with the principal prior to performing the service.