Commissioning, Bond, and Appointment Process
Getting and keeping a commission
In Illinois, the commissioning authority (the Secretary of State) appoints notaries. An applicant must meet the statutory qualifications, submit an application, and obtain a surety bond in the required amount with the required filing. The applicant takes an oath of office and files it along with the bond and commission. The commission runs for a fixed term; the notary must apply for reappointment before expiration and must not perform acts after expiration. A change of name or address must be reported, and a new seal may be required.
Bond basics
The bond is a surety instrument that protects the public, not the notary. It does not insure the notary against personal liability; a notary remains personally liable for misconduct, and the bond may be used to pay injured parties up to its limit. Questions often confuse the bond with insurance or assume the bond pays the notary's legal fees - it does not.
Traps
Watch for questions about whether a notary may begin acting before the commission is issued (no), whether the bond amount is optional (no), and whether the notary must file the oath and bond (yes). Another trap: assuming a commission is transferable or that a notary may continue acting during a renewal gap - neither is true. Also watch for questions about the seal: the notary must obtain a seal that meets statutory content requirements, and using a noncompliant seal is a violation.
Worked example
An applicant's commission expires Friday. On Saturday the notary notarizes a document. Even though reappointment is pending, the act is invalid because the commission had lapsed.