Cloud Law up in the clouds

19May/120

Are you and your Notary staff in compliance with the new Illinois Notary law effective June 1, 2009?

The recent Vancura v Katris ruling of the Illinois Appellate Court finds that deficient or non-existent training and supervision in notarial procedures provided by an employer will not excuse either the employer nor the Notary who commits errors or fraud.  Employers who hire notaries will be required to re-train their notaries on staff by June 1, 2009 and this will remain in effect until 2013  (http://www.state.il.us/court/Opinions/AppellateCourt/2008/1stDistrict/December/1062750.pdf). 

In the ruling, the employer of the Notary was held directly liable for damages resulting from its Notary employee's notarization of a document. Significantly, the Court determined that an inadequately trained or unsupervised Notary employee posed danger or risk of harm from which employers have the responsibility to protect third parties.

Key Rulings Include:

Illinois Notaries may not use the inadequacy of local statutes as an excuse to ignore widely-recognized common law best-practice standards, such as guarding one's seal Recognizes the duty of employers to adequately train and supervise Notary employees in the full scope of their duties In the absence of statutory rules, directs Notaries to look for guidance to such widely-recognized standards as the Model Notary Act and the Notary Public Code of Professional Responsibility

 

As the owner of a mobile notary and loan signing agent training business in Illinois, we have offered notary refresher courses and related trainings since 2004. On-site training is available to employers who require several of their staff notaries to be trained.  Make sure you and you're company are in compliance by June 1, 2009. More information on notary training services can be found at http://www.notarychicago.com.

Right now, key employers who have notaries on staff include banks, title companies, currency exchanges, law offices, and medical facilities - these locations have a little over a month to comply with the new law. 

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