Illinois - U.S. Notary Reference

Last Update: August 30, 2024

TABLE OF CONTENTS (Click/Tap to Expand and Contract)

QUICK FACTS

Notary Jurisdiction

Statewide, as long as the Notary continues to reside in the same county in which commissioned or, in the case of an out-of-state resident, continues to maintain a principal place of work or business in the same county (5 ILCS 312/3-105).

Notary Term Length

Illinois Residents: Four years (5 ILCS 312/2-101).
Nonresidents: One year for residents of reciprocating bordering states (5 ILCS 312/2-101).

Notary Bond

$5,000 for notarial acts and $25,000 for electronic notarial acts (remote notarizations) (5 ILCS 312/2-105).

Notary Seal

Required (5 ILCS 312/3-101[a]).

Notary Journal

Required (5 ILCS 312/3-107[a]).

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ADMINISTRATION AND RULES

Commissioning Official

The Illinois Secretary of State appoints, commissions, and maintains records on the state’s Notaries, through the Secretary’s Index Department (5 ILCS 312/2-101; website, “Publications and Forms: Notary Public Application Checklist”).

Contact Information

Address: Office of Secretary of State
Index Department
Notary Services
111 East Monroe Street
Springfield, IL 62756
Phone: 217-782-7017
Website: https://www.ilsos.gov/departments/index/notary/home.html

Laws, Rules and Guidelines

Laws: Most Notary rules are in the Illinois Compiled Statutes (ILCS), including: “The Illinois Notary Public Act” (effective July 1, 1986), Chapter 5, Sections 312/1-101 through 7-109 and the “Uniform Recognition of Acknowledgments Act,” Chapter 765, Sections 30/1 through 10.
Rules: Administrative rules implementing the Notary Public Act are in the Illinois Administrative Code (IAC), Title 14, Subtitle A, Chapter I, Part 176 (“Notary Public Records “).
Guidelines: Other guidelines for Notaries are in the “Illinois Notary Public Handbook” (NPH) (July 2023), issued by the Secretary of State and available on the website.

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COMMISSION AND APPOINTMENT

Notary Public Commission

Qualifications: An applicant for appointment as an Illinois Notary must (5 ILCS 312/2-102[d] through [i]):
(a) Be a U.S. citizen or a lawful permanent resident;
(b) Be an Illinois resident for at least 30 days or a resident of a qualifying bordering state who has been employed in Illinois for at least 30 days;
(c) Provide his or her date of birth;
(d) Be able to read and write English;
(e) Have not been convicted of a felony; and
(f) Have never had a Notary commission revoked or suspended in the past 10 years.
Course: Effective January 1, 2024, “[a]pplicants applying for the first time as a notary public or as an electronic notary public or applying to renew his or her appointment as a notary public or as an electronic notary public shall:
“(1) complete any course of study on notarization and electronic notarization that is required by the Secretary of State; and
“(2) pass an examination at the completion of the course” (5 ILCS 312/2-101.5; IAC 176.225 a)).
“The Secretary of State may authorize the provision of a course of study for the mandatory training of notaries public and electronic notaries public by qualified third parties subject to this Subpart” (IAC 176.205 b)).
“To be accepted by the Secretary, the course of study must be taught by a provider or instructor certified by the Secretary” (IAC 176.205 c)). The Illinois Administrative Code contains rules for providers seeking approval of their courses to meet the mandatory course requirement (IAC 176.200-176.255).
Exam: Required effective January 1, 2024.
The examination consists of 50 multiple choice and true/false questions. No more than half the questions may be true/false (IAC 176.235 c) 3)). Applicants must score at least 85% on the final examination administered as part of an approved education course. The examination may be retaken at any time by agreement between the student and course provider. If a student fails the exam 3 times, the student has failed the course (IAC 176.235 c) 4)).
The applicant will have 2 years from the date of the examination to apply for a notary public or electronic notary public commission. Once the course of study and examination have been successfully completed and the commission has been issued, the certificate or other proof of successful completion of the course of study and examination will remain valid for the duration of the notary’s four-year commission” (IAC 176.205 a)).
Application: “Every applicant for appointment and commission as a notary shall complete an application in a format prescribed by the Secretary of State to be filed with the Secretary of State …” (5 ILCS 312/2-102[a]). Effective August 1, 2024, all Illinois residents applying to be a Notary Public or an Electronic Public must use the online application system at https://apps.ilsos.gov/notary. Nonresidents must submit paper applications. Illinois residents qualifying for a hardship exemption may choose to file a paper application. Application forms may be downloaded from the website.
“Every applicant for an initial appointment or reappointment as a notary public must present satisfactory evidence of the applicant’s identity as set forth in the Act at 5 ILCS 312/2-102” (IAC 176.100 a)).
Bond: The required bond (see “Bond,” below) must accompany the application (5 ILCS 312/2-105), and the signature of an authorized representative and the corporate seal of the surety company must be affixed on the bond (website, “Publications and Forms: Notary Public Application Checklist”).
“Notify your bonding company of the effective date of your commission…. The Secretary of State determines the effective date of your commission, not the bonding company” (NPH).
The applicant’s signature on the “Notarial Oath” on the application must be notarized (5 ILCS 312/2-104[b]). The application must be accompanied by a legible photocopy of the applicant’s driver’s license or state ID card (website, “Publications and Forms: Notary Public Application Checklist”), as well as the commissioning fee of $10, payable to “Secretary of State” (5 ILCS 312/2-103).
“If an application for appointment as a notary public … is incomplete, the Secretary of State will retain the application for at least 1 year from the date of receipt of the application. If the applicant does not complete the application within 1 year from the date of receipt of the application, the Secretary of State may deny the application and mail a notice of denial to the applicant” (IAC 176.300 e)).
Effective January 1, 2016, the Illinois Secretary of State has the authority to “establish and maintain an online application system that permits an Illinois resident to apply for appointment and commission as a notary public” (5 ILCS 213/2-102.5[a]). As of the date of this publication, the Secretary has not implemented an online application system.
Appointment Fee: The appointment fee for a Notary Public commission is $15 (5 ILCS 312/2-103[a]).
Background Screening: “Every applicant for appointment and commission as a notary shall complete an application in a format prescribed by the Secretary of State to be filed with the Secretary of State, stating:”…”(i-5) that the applicant's signature authorizes the Office of the Secretary of State to conduct a verification to confirm the information provided in the application, including a criminal background check of the applicant, if necessary;” (5 ILCS 312/2-102[i-5]).
Oath of Office: “Notaries public … must file an oath of office with the Secretary of State, affirming the notary’s or electronic notary’s intent to follow the laws and constitutions of the United States of America and the State of Illinois” (IAC 176.330 a)).
“The legal name on the applicant’s oath of office must exactly match the applicant’s driver’s license or state identification card and the name on the notary public application. Unless proven otherwise, the name shall consist of the applicant’s first personal name (first name), additional name or names, if applicable, and surname (family or last name)” (IAC 176.330 b)).
Nonresidents: Residents of states bordering Illinois may be commissioned as Illinois Notaries for a one-year term if they have had a place of work or business in the state for at least 30 days preceding their application, but only if the laws of the bordering state in which they reside permit Illinois residents to become Notaries in that state (5 ILCS 312/2-101).
Currently, the bordering states of Indiana, Iowa, Kentucky, Missouri, and Wisconsin offer such reciprocation. Nonresident applicants must use a special nonresident application, and the Notary bond submitted with the application must be for one year, coinciding with the nonresident’s one-year term of office. Nonresidents granted an Illinois commission are commissioned in the Illinois county in which they are employed. (website, “Publications and Forms: Non-Resident Notary Public Application Checklist”).
A nonresident affidavit form (see IAC 176 Illustration A) must be used by an applicant for a Notary Public commission who resides in a state bordering Illinois whose place of work or business is within a county in Illinois and the applicant’s state of residence authorizes residents of Illinois who work the the state to become a Notary Public (IAC 176.130).
Reappointment: For renewals, the application process is the same (5 ILCS 312/5-101).
“A current notary public may apply for reappointment 60 days before the expiration of an existing commission. The date of the new commission will be the date immediately after the expiration date of the current commission” (IAC 176.100 d) 1); see also IAC 176.350).
“To avoid any gaps between notary public … commissions, applications for a notary public should be filed at least 30 days before the expiration of the commission under which the notary public is acting” (IAC 176.110 d) 2)).
However, on the Secretary of State’s website, the Secretary states that Notaries with existing commissions may not renew their commissions earlier than 90 days before the expiration of their current commissions: “If you have an existing active Notary Public Commission, you may not renew your Notary Public Commission earlier than 90 days before your commission expires” (website, “Online Notary Application.”
Public Records: “Notary public applications and appointments are public records and available to any interested person for examination and copying” (NPH). IAC 176.11 contains the rules for obtaining these records.
Recording Commission: Effective July 1, 2022, the prior process of the Secretary of State forwarding a newly appointed Notary’s commission to the clerk of the county in which the Notary resides or is employed and the newly appointed Notary picking up the commission from the county clerk was repealed. Now, the commission is issued and sent directly to the newly appointed Notary.
Notary Remittance Agents: In Illinois, individuals may submit their applications directly to the Secretary of State or through a “Notary remittance agent,” which in the Illinois Administrative Code is defined as “any person who self-represents to the public as being engaged in or who engages in accepting notary public or electronic notary public applications and fees for submission to the Secretary of State, whether the person renders any other service in connection with the making of any such remittance or is engaged in any other endeavor” (IAC 176.400 – definition of “remittance agent”). The definition also includes any person who “self-represents represents to the public as being engaged in or who engages in accepting money for consulting or advising the public on matters concerning applications for Illinois notarial commissions.”
“Every company, corporation, association, organization, or person that remits notary public applications to the Secretary of State on behalf of applicants for appointment and commission as a notary public, for compensation or otherwise, shall comply with standards to qualify for licensure as a notary public remittance agent” (5 ILCS 312/2-107[a]).
“(c) A notary public remittance agent submitting an application on behalf of an applicant for appointment and commission as a notary public shall remit the application and fee provided by the applicant within 30 days after receiving the application and fee from the applicant.
“(d) The agent shall not modify a notary’s application information in any way prior to submitting the application information to the Secretary of State.
“(e) The agent shall not issue a notary seal or notary stamp to the notary applicant until sufficient evidence has been received that the notary applicant has received a commission from the Secretary of State” (5 ILCS 312/2-107[d]-[e]).
Licensing rules for Notary Public remittance agents may be found in the Illinois Administrative Code (IAC 176.400-176.460).

Electronic Notary Commission

Separate Commission: In Illinois, Notaries who wish to perform any type of electronic notarization – in person or remote electronic notarizations – must obtain a separate commission from the Illinois Secretary of State.
“Remote” vs. “Electronic” Distinction: In Illinois, a “remote” notarization is performed on paper documents. Any Illinois Notary Public may perform such remote notarizations (IAC 176.300 b)). To perform “electronic” notarizations (which in Illinois refers to what most other states call “remote online” or “online” notarizations, a Notary must obtain an Electronic Notary commission.
Requirement: “Before an electronic notary public performs an electronic notarial act using audio-video communication, he or she must be granted an electronic notary public commission by the Secretary of State under this Section, and identify the technology that the electronic notary public intends to use, which must be approved by the Secretary of State” (5 ILCS 312/2-102[d]).
“A notary public commissioned in this State may apply for an electronic notary public commission to perform electronic notarial acts with the name that appears on the notary’s commission” (5 ILCS 312/2-101[b]).
“An individual may apply for a notary public commission and apply for an electronic notary public commission at the same time” (5 ILCS 312/2-101[c]).
“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” (5 ILCS 312/2-101[d]).
“The commission of a notary public and an electronic notary public shall have the same term pursuant to subsection (a)” (5 ILCS 312/2-101[e]).
“The electronic notary public commission of a notary public is suspended by operation of law when the notary public is no longer appointed and commissioned as a notary public in this State under this Act. If the commission of the notary public has been revoked or suspended, the Secretary of State shall immediately notify the notary public in writing that his or her commission as a notary public and as an electronic notary public will be suspended by operation of law until he or she is reappointed” (5 ILCS 312/2-101[f]).
Application: “Every applicant for appointment and commission as an electronic notary public shall complete an application to be filed with the Secretary of State, stating:
“(1) all information required to be included in an application for appointment as an electronic notary public, as provided under subsection (a);
“(2) that the applicant is commissioned as a notary public under this Act;
“(3) the applicant’s email address;
“(4) that the applicant has provided satisfactory proof to the Secretary of State that the applicant has successfully completed any required course of study on electronic notarization and passed a qualifying examination;
“(5) a description of the technology or device that the applicant intends to use to create his or her electronic signature in performing electronic notarial acts;
“(6) the electronic signature of the applicant; and
“(7) any other information the Secretary of State deems necessary” (5 ILCS 312/2-102[c]).
The Illinois Administrative Code specifies the information that must be included for one to apply for a commission (IAC 176.300 c)). A person may not perform an electronic notarial act unless the Secretary of State has approved the person’s Electronic Notary commission application and the Secretary has approved the registration of the proposed electronic notarization system provider (IAC 176.300 d)).
“If an application for appointment as a … electronic notary public is incomplete, the Secretary of State will retain the application for at least 1 year from the date of receipt of the application. If the applicant does not complete the application within 1 year from the date of receipt of the application, the Secretary of State may deny the application and mail a notice of denial to the applicant” (IAC 176.300 e)).
“If you have 90 days or less in the term of your Notary Public Commission, you may not add Electronic Notary to an existing active Notary Public Commission until you have renewed your commission” (website, “Online Notary Application”).
Appointment Fee: Effective July 1, 2022, the fee for appointment of an applicant as an Electronic Notary Public is $25 (5 ILCS 312/2-103[b] and [c]).
Course and Examination: “Applicants applying for the first time as a notary public or as an electronic notary public or applying to renew his or her appointment as a notary public or as an electronic notary public shall:
“(1) complete any course of study on notarization and electronic notarization that is required by the Secretary of State; and
“(2) pass an examination at the completion of the course” (5 ILCS 312/2-101.5[a]).
Electronic Notary Bond: For the requirement of an increased bond for an Electronic Notary commission, see “Bond” below.
Oath of Office: “[E]electronic notaries public must file an oath of office with the Secretary of State, affirming the notary’s or electronic notary’s intent to follow the laws and constitutions of the United States of America and the State of Illinois” (IAC 176. 330 a)).
“The legal name on the applicant’s oath of office must exactly match the applicant’s driver’s license or state identification card and the name on the notary public application. Unless proven otherwise, the name shall consist of the applicant’s first personal name (first name), additional name or names, if applicable, and surname (family or last name)” (IAC 176. 330 b)).
Commission Number: “A notary public that is also commissioned as an electronic notary public will have the same commission number for both commissions” (IAC 176.300 f) 3)).
Adding System Providers: “After an application for an electronic notary public commission has been approved, the electronic notary public will be required to notify the Office of the Secretary of State, on a form designated by the Secretary, if the electronic notary public elects to add any other electronic notary system provider” (IAC 176.300 g)).
Reappointment: “A … current electronic notary public may apply for reappointment 60 days before an existing commission expires. The date of the new commission will be the date immediately after the expiration date of the current commission” (IAC 176.350 a)).
“To prevent a gap between commissions, a[n] … electronic notary public should apply for reappointment at least 30 days before the commission under which the notary public is currently acting expires” (IAC 176.350 b)).
Misrepresentation as Electronic Notary: “A notary public shall not represent himself or herself as an electronic notary public if the person has not been commissioned as an electronic notary public by the Secretary of State” (5 ILCS 312/6-104[l]).

Online Search

The “Notary Public Search” index may be searched by the Notary’s name, commission number, city or zip code. Information available on listed Notaries includes address, county, employer (if any), commission number, current and original commission starting date, length of term and information regarding the Notary’s bond (website, “Notary Public Search”).

Database: “The Secretary of State may maintain a database of notaries public on a publicly-accessible website which: (1) any interested person may use to verify the authority and good standing of a listed individual to perform notarial acts; (2) indicates whether a notary holds a valid electronic commission and is able to lawfully perform electronic notarial acts; and (3) describes any administrative or disciplinary action taken against the notary by the Secretary of State” (5 ILCS 312/2-102.6).

Jurisdiction

“A notary public shall have authority to perform notarial acts throughout the State so long as the notary resides in the same county in which the notary was commissioned or, if the notary is a resident of a state bordering Illinois, so long as the notary’s principal place of work or principal place of business is in the same county in Illinois in which the notary was commissioned” (5 ILCS 312/3-105).

Term Length

Resident Notaries: “The Secretary of State may appoint and commission as notaries public for a 4-year term as many persons resident in a county in this State as he deems necessary” (5 ILCS 312/2-101).
Nonresident Notaries: “The Secretary of State may appoint and commission as notaries public for a one-year term as many persons who are residents of a state bordering Illinois whose place of work or business is within a county in this State as the Secretary deems necessary, but only if the laws of that state authorize residents of Illinois to be appointed and commissioned as notaries public in that state” (5 ILCS 312/2-101).
Electronic Notaries: “The term of a notary public or electronic notary public commission begins on the date that the notary is commissioned by the Secretary of State and not the date the bond was obtained. The electronic notary public commission, if any, will have the same term of commission as the traditional notary public commission” (IAC 176.110).

Bond

Notary Public Bond: “Every application for appointment and commission as a notary public shall be accompanied by or logically associated with an executed bond commencing on the date of the appointment with a term of 4 years, in the sum of $5,000, with, as surety thereon, a company qualified to write surety bonds in this State. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this Act. The Secretary of State may prescribe an official bond form” (5 ILCS 312/2-105[a]).
Remote or Electronic Notary Bond: “A notary public that performs notarizations either remotely or electronically and by means of audio-video communication shall obtain and maintain a surety bond in the amount of $25,000 from a surety or insurance company licensed to do business in this State, and this bond shall be exclusively conditioned on the faithful performance of remote notarial acts or electronic notarial acts by means of audio-video communication. When a notary is required to hold both the $5,000 bond and the $25,000 bond, one bond totaling $30,000 shall satisfy the provisions of this Section” (5 ILCS 312/2-105[b]).
“In making a claim against a combined bond, as described in [IAC 176.340] (b)(2), a claimant will only be entitled to either a maximum of $5,000 of the bond if the notarization at question was a traditional, in-person, physical notarization or a maximum of $25,000 if the notarization was electronic or remote. In no event may a single claim be eligible for payment of the entirety of the $30,000 bond” (IAC 176.340 e)).
Notary Liability: In the widely publicized case of Vancura v. Katris, the Illinois Supreme Court ruled on October 7, 2010, that employers of Notaries do not have a common-law duty, going beyond statutory requirements, to train and supervise their Notary employees, thus reversing an Illinois Appellate Court decision of December 2008. The Appellate Court had held the owner of a Chicago photocopy shop liable in part for an employee’s notarization of a forged signature.
The Illinois Supreme Court ruled that the “burdens and liabilities on a notary public … are personal to the notary, rather than shared with his or her employer. Thus … when a notary public wrongfully or negligently exercises the powers of the office, it is the notary alone who becomes liable … The employer is liable only if the employer ‘consented to’ the misconduct of the notary; that is, if the employer committed some malfeasance of its own” (Vancura v. Katris, 2010 IL 108652).
Employer Liability: “The employer of a notary public is also liable to the persons involved for all damages caused by the notary’s official misconduct, if:
“(a) the notary public was acting within the scope of the notary’s employment at the time the notary engaged in the official misconduct; and
“(b) the employer consented to the notary public’s official misconduct” (5 ILCS 312/7-102).

Changes of Status

Name, Address, Email Address: “When any notary public legally changes his or her name, changes his or her residential address or business address, or email address, without notifying the Index Department of the Secretary of State in writing within 30 days thereof, or, if the notary public is a resident of a state bordering Illinois, no longer maintains a principal place of work or principal place of business in the same county in Illinois in which he or she was commissioned, the commission of that notary ceases to be in effect. When the commission of a notary public ceases to be in effect, his or her notarial seal or electronic notary seal shall be surrendered to the Secretary of State, and his or her certificate of notarial commission or certificate of electronic notarial commission shall be destroyed. These individuals who desire to again become a notary public must file a new application, bond, and oath with the Secretary of State” (5 ILCS 312/4-101[a]).
The “Notary Public Handbook” instructs the Notary to inform the Secretary of State of an address change by email at Enotary@ilsos.gov.
“A person who changes their name must resign their commission and apply for a new appointment” (NPH).
Canceling a Commission: “What information is required when requesting that a commission be canceled? – A written request should contain 1) the name under which the commission was issued; 2) the commission number; 3) the reason for the cancellation and any supporting documents; 4) the home address and telephone number; 5) the signature of the notary requesting cancellation; and 6) the date the request was made” (NPH).
Resigning a Commission: “Where do I submit my resignation as a notary? – Resignations should be submitted to: Secretary of State, Index Department, 111 E. Monroe St., Springfield, IL 62756” (NPH).
Electronic Notary Registration Information: “Any change to the information submitted by an electronic notary public in registering to perform electronic notarial acts in compliance with any Section of this Act shall be reported by the notary within 30 business days to the Secretary of State” (5 ILCS 312/4-101[b]).

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NOTARIAL ACTS

Authorized Acts

Notarial Acts: Illinois Notaries are authorized to perform the following notarial acts (5 ILCS 312/1-104, 312/6-101[a] and 312/6-102[a] through [c]; 765 ILCS 30/2):
1. Take acknowledgments and proofs;
2. Administer oaths and affirmations;
3. Take verifications upon oath or affirmation;
4. Witness or attest signatures;
5. Certify or attest copies;
6. Noting protests of a negotiable instruments.
In-Person Electronic, Remote, and Remote Online Notarial Acts: An Illinois Notary Public who has been commissioned as an Electronic Notary Public may (5 ILCS 312/1-104):
1. Take acknowledgments;
2. Administer oaths and affirmations;
3. Take verifications upon oath or affirmation;
4. Witness or attest signatures;
5. Certify or attest copies;
6. Perform other duties as may be prescribed by a specific statute.

Acknowledgments

Definition: “‘Acknowledgment’ means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein” (5 ILCS 312/6-101[b]).
“‘In a representative capacity’ means:
“(1) for and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;
“(2) as a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;
“(3) as an attorney in fact for a principal; or
“(4) in any other capacity as an authorized representative of another” (5 ILCS 312/6-101[d]).
“The words ‘acknowledged before me’ mean:
“(1) that the person acknowledging appeared before the person taking the acknowledgment in a manner prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken,
“(2) that he acknowledged he executed the instrument,
“(3) that, in the case of:
“(i) a natural person, he executed the instrument for the purposes therein stated;
“(ii) a corporation, the officer or agent acknowledged he held the position or title set forth in the instrument and certificate, he signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purpose therein stated;
“(iii) a partnership, the partner or agent acknowledged he signed the instrument on behalf of the partnership by proper authority and he executed the instrument as the act of the partnership for the purposes therein stated;
“(iv) a person acknowledging as principal by an attorney in fact, he executed the instrument by proper authority as the act of the principal for the purposes therein stated;
“(v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the instrument by proper authority and he executed the instrument in the capacity and for the purposes therein stated; and
“(4) that the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate” (765 ILCS 30/6; see also “Identification,” below).
Requirements: “In taking an acknowledgment, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment is the person whose true signature is on the instrument” (5 ILCS 312/6-102).
“The person taking an acknowledgment shall certify that:
“(1) The person acknowledging appeared before him (or her) and acknowledged he (or she) executed the instrument; and
“(2) The person acknowledging was known to the person taking the acknowledgment, or … the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument” (765 ILCS 30/4; see also “Identification,” below).
For an acknowledgment, “the signer need not sign in the notary’s presence but must personally appear before the notary and state that the signature on the document is theirs. Acknowledgments may be taken in an individual capacity or in a representative capacity (as an authorized representative of another — for example, as an officer of a corporation for and on behalf of the corporation or as an attorney, in fact for another person)” (NPH).

Verifications

Definition: “‘Verification upon oath or affirmation’ means a declaration that a statement is true made by a person under oath or affirmation” (5 ILCS 312/6-102[a]).
Requirements: “In taking a verification upon oath or affirmation, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the verification is the person whose true signature is on the statement verified” (5 ILCS 312/6-102[b]).
“The person requesting this notarial act must personally appear before the notary and sign the document in the notary’s presence. The notary public is required to administer an oath. There is no prescribed wording for the oath, but an acceptable oath would be: “Do you swear (or affirm) that the statements in this document are true? (NPH).
Individual or Representative Capacity: “Verification upon oath may be taken in an individual capacity or in a representative capacity” (NPH).

Affidavits and Depositions

While Illinois Notaries have statutory authority to “take affidavits and depositions” (5 ILCS 255/2), this function of transcribing spoken words into written form is most often performed by certified shorthand reporters. Notaries may, however, execute a verification upon oath or affirmation on an affidavit or deposition that has already been transcribed. For further information, see “Notarial Acts in Illinois” below.

Signature Witnessings (Attestations)

Requirements: In witnessing or attesting a signature, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein” (5 ILCS 312/6-102[c]).

“[W]hen witnessing a signature on a document … an oath is not necessary or required. The person requesting the notarial act must personally appear before the notary and sign the document in the presence of the notary” (NPH).

Copy Certifications

Paper Copy Certifications: “'Notarial act' means an act, whether performed with respect to a tangible or electronic record, that a notary public, a remote notary public, or an electronic notary public may perform
under the laws of this State. “Notary act” includes … certifying or attesting a copy….” (5 ILCS 312/1-104).
Paper Printout of Electronic Record
1. Authority: “A notary public duly appointed and commissioned under Section 2-101 of the Illinois Notary Public Act may certify that a paper or tangible copy of an electronic document is a true and correct copy of the electronic document if the notary public has:
  “(1) reasonably confirmed that the electronic document is in a tamper evident format;
  “(2) detected no changes or errors in any electronic signature or other information in the electronic document;
  “(3) personally printed or supervised the printing of the electronic document onto paper or other tangible medium; or
  “(4) not made any changes or modifications to the electronic document or to the paper or tangible copy thereof other than the certification described in this subsection (b)” (5 ILCS 312/3/5[a]).
2. Satisfies Legal Requirements: “A paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy under [5 ILCS 312/3.5] subsection (b) satisfies any requirement of law that, as a condition for recording, the document:
  “(1) be an original or be in writing;
  “(2) be signed or contain an original signature, if the document contains an electronic signature of the person required to sign the document; and
  “(3) be notarized, acknowledged, verified, witnessed, or made under oath, if the document contains an electronic signature of the person authorized to perform that act, and all other information required to be included” (5 ILCS 312/3/5[a]).
3. Exemptions: “This Section does not apply to any map or plat governed by the Plat Act, the Judicial Plat Act, or the Permanent Survey Act, or to any monument record governed by the Land Survey Monuments Act” (5 ILCS 312/3/5[h]).

Protests

Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (810 ILCS 5/3-505[b]).
Requirements: “[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (810 ILCS 5/3-505[b]).

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STANDARDS OF PRACTICE

Personal Appearance

Notarial Acts: In taking an acknowledgment or verification upon oath or affirmation, and in witnessing or attesting a signature, the signer of the document must appear personally before the Notary (5 ILCS 312/6-102[a]-[c]).

Remote Notarial Acts: “'In the presence of' or ‘appear before’ means:
“(1) being in the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or
“(2) being in a different physical location from another person, but able to see, hear, and communicate with the person by means of audio-video communication that meets any rules adopted by the Secretary of State” (5 ILCS 312/1-104).

Identification

Notarial Acts: The following identification requirements apply to acknowledgments, to verifications upon oath or affirmation, and to witnessing or attesting signatures:
1. Requirement: “The notary public must determine, either from personal knowledge or from satisfactory evidence,” that the person appearing before the Notary is the person whose true signature is on the document (5 ILCS 312/6-102[a] through [c]).
2. Satisfactory Evidence: “A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:
  “(1) is personally known to the notary;
  “(2) is identified upon the oath or affirmation of a credible witness personally known to the notary; or
  “(3) is identified on the basis of identification documents. Identification documents are documents that are valid at the time of the notarial act, issued by a state agency, federal government agency, or consulate, and bearing the photographic image of the individual’s face and signature of the individual” (5 ILCS 312/6-102[d]).
Remote (Electronic) Notarial Acts
1. Requirement: “In performing an electronic notarization, an electronic notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way audio and video conference technology that meets the requirements of this Act and rules adopted under this Article. For the purposes of performing an electronic notarial act for a person using audio-video communication, an electronic notary public has satisfactory or documentary evidence of the identity of the person if the electronic notary public confirms the identity of the person by:
  “(1) the electronic notary public’s personal knowledge of the person creating the electronic signature; or
  “(2) each of the following:
  “(A) remote electronic presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person;
  “(B) credential analysis of the front and back of the government-issued identification credential and the data thereon; and
  “(C) a dynamic knowledge-based authentication assessment” (5 ILCS 312/6A-103[b]; see also IAC 176.835 d) and 176.860 b) 3)).
  “If an electronic notary public does not have satisfactory evidence of the identity of a remotely located principal pursuant to 5 ILCS 312/6A-103(b)(1), the electronic notary public must reasonably verify the principal’s identity through a multi-factor authentication procedure as provided in this Section. The procedure must analyze the principal’s identification credential presented remotely against trusted third-person data sources, bind the principal’s identity following a successful dynamic knowledge-based authentication assessment, and permit the electronic notary public to visually compare the identification credential and the principal” (IAC 176.835 a)).
2. Credential Analysis: “Credential analysis … must be performed by a reputable third party who has provided evidence to the electronic notary public of the ability to comply with [IAC 176.835]” (IAC 176.835 a)).
  “Credential analysis must use public or private data sources to confirm the validity of the identification credential presented electronically by a principal and will, at a minimum:
  “1) Use automated software processes to aid the electronic notary public in verifying the identity of each principal;
  “2) Require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;
  “3) Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credentials; and
  “4) Enable the electronic notary public to visually compare for consistency the information and photograph on the identification credential and the principal as viewed by the electronic notary public in real time through communication technology” (IAC 176.835 b)).
  “If an electronic notary public cannot determine that a credential presented by a principal is a valid identification of the principal or cannot match the physical features of the principal with the credential presented by the principal, the electronic notary public must not take any further action to complete an electronic notarial act by using that credential” (IAC 176.860 c)).
3. Identity Proofing: “[I]dentity proofing must be performed by a reputable third party who has provided evidence to the electronic notary public of the ability to comply with [IAC 176.835]” (IAC 176.835 a)).
  “Identity proofing must be performed using a dynamic knowledge-based authentication assessment. The assessment is successful if it meets the following requirements:
  “1) The principal must answer a quiz consisting of a minimum of five questions related to the principal’s personal history or identity formulated from public or private data sources;
  “2) Each question must have a minimum of five possible answer choices;
  “3) At least 80% of the questions must be answered correctly;
  “4) All questions must be answered within two minutes;
  “5) If the principal fails the first attempt, the principal may retake the quiz one time within 24 hours;
  “6) During a retake of the quiz, a minimum of 40% of the prior questions must be replaced;
  “7) If the principal fails the second attempt, the principal is not allowed to retry with the same electronic notary public within 24 hours of the second failed attempt; and
  “8) The electronic notary public must not be able to see or record the questions or answers” (IAC 176.835 c)).
Remote (Paper) Notarial Acts
1. Requirement: “Any commissioned notary public may perform any notarial act described under Section 6-102 remotely, after first determining, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein. A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:
  “(1) is personally known to the notary;
  “(2) is identified upon the oath or affirmation of a credible witness personally known to the notary; or
  “(3) is identified on the basis of identification documents. Identification documents are documents that are (i) valid at the time of the notarial act, (ii) issued by a State agency, federal government agency, or consulate, and (iii) bearing the photographic image of the individual’s face and signature of the individual” (5 ILCS 312/6-102.5[a]; see also IAC 176.700 b)).
2. Personal Knowledge: “A remote notary public has personal knowledge of the identity of the remotely located principal appearing before the remote notary public if the remotely located principal is personally known to the remote notary public through dealings sufficient to provide reasonable certainty that the remotely located principal has the identity claimed” (IAC 176.710 c) 1)).
3. Credible Witness: “To be a credible witness under Section 6-102.5(a)(3) of the Act, the witness shall have personal knowledge of the remotely located principal who has made a statement in or executed a signature on the record that is the subject of the remote notarial act. The remote notary public must have personal knowledge of the credible witness or shall have verified the identity of the credible witness. A credible witness may be a remotely located principal if the remote notary public, credible witness, and remotely located principal whose statement or signature is the subject of the notarial act can communicate by using audio-video technology” (IAC 176.710 c) 2)).
4. Identification Documents: “If a remote notary public can neither determine that a credential presented by a remotely located principal is a valid identification of the remotely located principal nor match the physical features of the remotely located principal with the credential presented by the remotely located principal, the remote notary public must not take any further action to complete a remote notarial act by using that credential to confirm the identity of the remotely located principal” (IAC 176.700 c)).
  “Remote presentation by a remotely located principal of a government-issued identification credential that contains a photograph and the signature of the remotely located principal and otherwise conforms to the requirements of 5 ILCS 312/6-102.5(a)(3)” (IAC 176.710 c) 3)).
5. Enhanced Identity Verification: “Nothing in this Part shall prohibit a remote notary public from using enhanced identity verification. (i.e., dynamic knowledge-based assessments)” (IAC 176.700 g)).
6. Interruption of Identification Process: “If a remotely located principal must exit the workflow before completing the identity verification process, the remotely located principal must restart the identity verification process from the beginning” (IAC 176.700 f)).

Incomplete Documents

“May a blank document be notarized? – Never notarize a blank or incomplete document. If a signer indicates that certain spaces in a document are to be left blank because they do not apply, suggest that they insert a line through the spaces or write “Not Applicable.” This protects the signer from later unauthorized insertions, and it may prevent the notary from appearing as a witness in a lawsuit” (NPH).

Refusal of Services

“A notary public or electronic notary public shall have no obligation to perform any notarial or electronic notarial act, and may refuse to perform a notarial or electronic notarial act without further explanation” (5 ILCS 312/6-102.5[e]).

Disqualifying Interest

Personal: “A notary public shall not acknowledge [sic] any instrument in which the notary’s name appears as a party to the transaction” (5 ILCS 312/6-104[b]).
“A notary public may not notarize their own signature and may not notarize any document in which the notary’s name appears as a party to the transaction” (NPH).
“You may never notarize your own signature, whether you are signing for yourself or for a corporation” (NPH).
Relatives: “A Notary may notarize the signature of his or her spouse, children and other relatives” (NPH).
Powers of Attorney: Effective July 1, 2011, signatures on powers of attorney for property must be both witnessed and notarized. An Illinois Notary who notarizes a signature on a power of attorney for property may not simultaneously serve in the capacity of witness to the signature (755 ILCS 45/3-3[d][11]).
Further, a Notary may not notarize a signature on a power of attorney for property if that Notary is:
“(1) the attending physician or mental health service provider of the principal, or a relative of the physician or provider;
“(2) an owner, operator, or relative of an owner or operator of a health care facility in which the principal is a patient or resident;
“(3) a parent, sibling, or descendant, or the spouse of a parent, sibling, or descendant, of either the principal or any agent or successor agent, regardless of whether the relationship is by blood, marriage, or adoption;
“(4) an agent or successor agent for property” (755 ILCS 45/3-3.6[a]).

Signers with Physical Challenges

Signature by Mark: When notarizing a signature by mark of an individual who is prevented by disability or illiteracy from writing a signature, the “Illinois Notary Public Handbook” instructs Notaries to “[t]ake these precautions: positively identify the individual; ensure that there are two persons to witness the signature-by-mark in addition to yourself; write in the name of the signer-by-mark near the mark on the document; and complete [the signature by mark notarial certificate] form.” See Certificate of Notarial Act, below, for a signature by mark certificate form that is found in the “Notary Public Handbook.”
Signature by Proxy: “a) If a person cannot physically sign a document that is presented to a notary public and directs a person other than the notary to sign the person’s name on the document, both the person who cannot physically sign the document and the person directed to sign the person’s name on the document shall appear before the notary and be identified under 5 ILCS 312/6-102(d), 6-102.5(a), or 6A-103(b), as applicable, at the time the document is signed.
“b) A notary public who performs a notarial act for a person who cannot physically sign shall type, print, or stamp the following, or a substantially similar statement, near the signature ‘Signature affixed by (name of individual) at the direction of (name of person physically unable to sign) in accordance with 14 Ill. Adm. Code 176.610’ (IAC 176.610).
Adjudged Mentally Ill Signer: “A notary public shall not take the acknowledgment of or administer an oath to any person whom the notary actually knows to have been adjudged mentally ill by a court of competent jurisdiction and who has not been restored to mental health as a matter of record” (5 ILCS 312/6-104[d]).
Blind Signer: A notary public shall not take the acknowledgment of any person who is blind until the notary has read the instrument to such person” (5 ILCS 312/6-104[e]).

Minors

“Can notarizations be performed for minors? — Yes, but the minor must be able to provide proof of identification, and a parent or legal guardian should be present” (NPH).

Foreign-Language Signers

“A notary public shall not take the acknowledgment of any person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand” (5 ILCS 312/6-104[f]).

Unauthorized Practice of Law

Preparing Documents: “No notary public shall be authorized to prepare any legal instrument, or fill in the blanks of an instrument, other than a notary certificate; however, this prohibition shall not prohibit an attorney, who is also a notary public, from performing notarial acts for any document prepared by that attorney” (5 ILCS 312/6-104[h]).
Explaining Documents: “No notary public shall be authorized to explain, certify, or verify the contents of any document; however, this prohibition shall not prohibit an attorney, who is also a notary public, from performing notarial acts for any document prepared by that attorney” (5 ILCS 312/6-104[k]).

Immigration Restrictions

Prohibition: No nonattorney Notary may act, represent or advertise him- or herself as an immigration expert unless the Notary is a “designated entity” as defined in the Code of Federal Regulations (8 CFR 245a.1) or is accredited by the Board of Immigration Appeals as an “accredited immigration representative” (5 ILCS 312/3-103[c]).
“Can a notary advise on immigration or fill out immigration forms? – No. According to federal law, no person, unless an attorney, shall fill out legalization forms or applications related to the Immigration Reform and Control unless they have been authorized to do so by the Immigration and Naturalization Service or the Board of Immigration Appeals” (NPH).
Definition: “‘Accredited immigration representative’ means a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees of those organizations accredited under 8 C.F.R. 292.2(d)” (5 ILCS 312/1-104[c]).
Unauthorized Legal Fees: No Notary who is not an attorney or an accredited immigration representative may accept payment for providing legal advice, analysis or interpretation. A violation of this provision may impose a fine of three times the amount collected ($1,001 minimum) and does not prevent further civil remedies or criminal charges (5 ILCS 312/3-103[e] and [f]).

Advertising

Foreign-Language Advertising: Any Notary who is not an attorney or an accredited immigration representative and who advertises notarial services in a language other than English must place the following notice in all advertising materials (with the exception of a single desk plaque), in both English and the other language(s): “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL ADVICE ON ANY MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF IMMIGRATION, OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF THOSE ACTIVITIES.” Additionally, in no ad or other communication or document may the Notary “literally translate from English into another language terms or titles including, but not limited to, notary public, licensed, attorney, lawyer, or any other term that implies the person is an attorney. To illustrate, the word ‘notario’ is prohibited under this provision.” Failure to comply with the provisions of this section will result in a fine of $1,500 for each written violation and in permanent revocation of the Notary’s commission for the second violation, none of which prevents additional civil or criminal penalties (5 ILCS 312/3-103[a]).
In addition to the notice prescribed above, all non-attorney or unaccredited Notaries who advertise in a language other than English must prominently post in their places of business a schedule of notarial fees in both English and the other language(s) (5 ILCS 312/3-103[b]).
Written Acknowledgment: “In addition to the notice required under subsection (a), every notary public who is subject to subsection (a) shall, prior to rendering notary services, provide any person seeking notary services with a written acknowledgment that substantially states, in English and the language used in the advertisement for notary services the following: ‘I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL ADVICE ON ANY MATTER OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF THOSE ACTIVITIES’” (5 ILCS 312/3-103(c-5).
The Secretary of State’s office must translate this acknowledgment into Spanish and any other language the Secretary deems necessary and make the translations available on its website. The recipient of Notary services must sign the written acknowledgment before Notary services are performed and the Notary must retain copies of signed acknowledgments for 2 years. The Notary must provide recipients with a copy of the signed acknowledgment at the time Notary services are performed. A Notary is not required to provide a written acknowledgment for Notary services related to documents prepared or produced in accordance with the Illinois Election Code.

Purpose of Notarization

“Is a notary responsible for the truth or accuracy of a document? – No. The main purpose of notarization is to compel truthfulness by the signer. Notaries have no authority to and are not required to verify the truth or accuracy of any document” (NPH).

Rules of Notarization

In his introductory letter in the “Illinois Notary Public Handbook,” the Illinois Secretary of State prescribes the following “basic rules for proper and safe notarization: 1) Keep your notary seal in a safe place; 2) Do not notarize a signature unless the signer is present at the time of notarization; 3) Do not lend your stamp to anyone, including your employer; 4) Do not identify a document signer on the word of a friend or employer who is not willing to take an oath; 5) Sign your name on notarial certificates exactly as it appears on your commission and affix your seal.”

Unauthorized Name or Initials

“A notary public shall not use any name or initial in signing certificates other than that by which the notary was commissioned” (5 ILCS 312/6-104[a]).

Transmitting Funds

“If a notary public accepts or receives any money from any one to whom an oath has been administered or on behalf of whom an acknowledgment has been taken for the purpose of transmitting or forwarding such money to another and willfully fails to transmit or forward such money promptly, the notary is personally liable for any loss sustained because of such failure. The person or persons damaged by such failure may bring an action to recover damages, together with interest and reasonable attorney fees, against such notary public or his bondsmen” (5 ILCS 312/6-104[i]).

Changing Document

“A notary public shall not change anything in a written instrument after it has been signed by anyone” (5 ILCS 312/6-104[g]).

Handling Personal Information

“A notary public shall not sell, rent, transfer, or otherwise make available to a third party, other than the electronic notarization platform, the contents of the notarial journal, audio-video recordings, or any other record associated with any notarial act, including personally identifiable information, except when required by law, law enforcement, the Secretary of State, or a court order. Upon written request of a third party, which request must include the name of the parties, the type of document, and the month and year in which a record was notarized, a notary public may supply a copy of the line item representing the requested transaction after personally identifying information has been redacted” (5 ILCS 312/6-104[o]).

In-Person Electronic Notarial Acts

Terminology: In Illinois, the term “electronic notarial act” is defined as any act that an Electronic Notary Public is authorized to perform (5 ILCS 312/1-104 – “Electronic notarial act”). An Electronic Notary Public is commissioned specifically to perform electronic notarial acts. An electronic notarial act is performed using an “electronic notarization system” that means “a set of applications, programs, hardware, software, or technology to enable an electronic notary to perform electronic notarial acts through audio-video communication” (5 lLCS 312/1-104 – “Electronic notarization system). It appears from the preceding that “electronic notarization” is equivalent to a “remote online notarization” or an “online notarization” in other states. Such “electronic notarial acts” are summarized in the next section (see “Remote Notarial Acts,” below).
In fact, while the Illinois Compiled Statutes and administrative rules at length prescribe rules for these “electronic notarial acts,” neither prescribe rules explicitly for in-person electronic notarial acts. However, the Illinois Secretary of State has informed the National Notary Association that Notaries wanting to perform in-person electronic notarial acts must be commissioned as an Illinois Electronic Notary, technology providers of in-person electronic notarization services must seek approval of their platforms, and Electronic Notaries may use only approved platforms.
Applicable Law
1. Uniform Electronic Transactions Act: In 2021, Illinois enacted the Uniform Electronic Transactions Act (Public Act 102-0038, as yet uncodified), with the section on notarization and acknowledgment: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (815 ILCS 333/11).
2. Uniform Real Property Electronic Recording Act: In 2007, Illinois enacted the Uniform Real Property Electronic Recording Act (765 ILCS 33/1 through 33/7), and the following section related to notarization of electronic real property documents: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (765 ILCS 33/3[c]).
3. Uniform Electronic Estate Planning Documents Act: Effective January 1, 2024, Illinois enacted the Uniform Electronic Estate Planning Documents Act (UEEPDA), authorizing nontestamentary estate planning documents, as defined, to be signed and if necessary, notarized with electronic signatures: “If other law of this State or a will or the terms of a trust require or permit a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electronic nontestamentary estate planning document if an individual authorized to perform the notarization, acknowledgment, verification, or oath attaches or logically associates the individual’s electronic signature on the document together with all other information required to be included under the other law” (755 ILCS 6/11-35).
Technology Systems
1. Approval of System Providers: Required.
2. List of Approved System Providers: A list of approved system providers may be found at the Illinois Secretary of State’s website at https://www.ilsos.gov/departments/index/notary/esystemproviders.html.

Remote (Electronic) Notarial Acts

Terminology: As noted in the last section, in Illinois “electronic notarial act” is the term used to describe what essentially is a “remote online notarization” – a form of remote notarization that uses electronic records and signatures.
Applicable Law
1. Notary Public Act: Articles VI and VI-A of the Illinois Notary Public Act contain the statutes authorizing the performance of “remote notarial acts” (on paper documents) and “electronic notarial acts” (remote notarial acts performed on electronic records).
2. Illinois Administrative Code: Subparts F (“Duty, Fees, Authority”), H (“Remote Notarial Acts”), “ (“Electronic Notarizations”), an J (“Journal”) of Title 14, Subtitle A, Chapter 1, Part 176 of the Illinois Administrative Code contain administrative rules to implement the Notary Public Act provisions on remote and electronic notarization. These rules are summarized below.
Effective Date: Through the enactment of Public Act 102-0160 (Senate Bill 2664), a section in the new law that relates to fees for Notary Public and Electronic Notary Public commissions took effect on July 1, 2022. However, most of the provisions summarized in this section take effect when the Illinois Secretary of State has adopted rules to implement Public Act 102-0160. This is expected in 2023. The rules were adopted on June 5, 2023.
Definitions: The Illinois Notary Public Act contains many definitions of terms used in the summary below (5 ILCS 312/1-104). In addition to the definitions in the Notary Public Act, the Illinois Administrative Code includes additional definitions of terms (IAC 176.802). For space considerations, these definitions have not been reproduced here. The reader should consult the definitions when reviewing the provisions summarized below.
Electronic Notary Commission: For the requirement of holding a separate Electronic Notary Public commission to perform electronic notarial acts, see “Commission and Appointment,” above.
Electronic Notary Registration: Every Electronic Notary must register each new technology with which the Electronic Notary performs electronic notarial acts (5 ILCS 312/2-102.7[a]).
Technology Systems
1. Approval of System Providers: Required (5 ILCS 312/2-102.7[a] and [b]). The Illinois Administrative Code contains lengthy provisions for application and approval of electronic notarization systems (see IAC 176.805).
2. List of Approved System Providers: Provided.
  A list of approved system providers may be found at the Illinois Secretary of State’s website at https://www.ilsos.gov/departments/index/notary/esystemproviders.html.
3. Provider Enrollment of Electronic Notaries: “(b) An electronic notarization system requiring enrollment shall enroll only persons commissioned as electronic notaries public by the Secretary of State.
  “(c) An electronic notarization vendor shall take reasonable steps to ensure that an electronic notary public who has enrolled to use the system has the knowledge to use it to perform electronic notarial acts in compliance with this Act.
  “(d) A provider of an electronic notarization system requiring enrollment shall notify the Secretary of State of the name of each electronic notary public who enrolls in the system within 5 days after enrollment by means prescribed by rule by the Secretary of State” (5 ILCS 312/6A-101[b]-[d]).
4. Unauthorized Distribution of System: “No person shall knowingly create, manufacture, or distribute software or hardware for the purpose of allowing a person to act as an electronic notary public without being commissioned in accordance with this Act. A violation of this subsection (m) is a Class A misdemeanor” (5 ILCS 312/6-104[m]).
5. List of Approved Technology Providers: According to draft administrative rules that have not yet been adopted, a list of approved (“certified”) electronic notarization system providers, in no particular order, will be published on the Illinois Secretary of State’s website.]
6. Electronic Notary Not Liable for System Failure: “An electronic notary public who exercised reasonable care enrolling in and using an electronic notarization system shall not be liable for any damages resulting from the system’s failure to comply with the requirements of this Act. Any provision in a contract or agreement between the electronic notary public and provider that attempts to waive this immunity shall be null, void, and of no effect” (5 ILCS 312/6A-102).
Authorization: “An electronic notary public may perform an electronic notarial act using audio-video communication only if the electronic notary public and the principal agree to the performance of the electronic notarial act using audio-video communication at the outset of the electronic notarization and before the identity of the principal has been confirmed” (IAC 176.860 a)).
Consent of Remotely Located Individual: “An electronic notary public may perform an electronic notarial act using audio-video communication only if the electronic notary public and the principal agree to the performance of the electronic notarial act using audio-video communication at the outset of the electronic notarization and before the identity of the principal has been confirmed” (IAC 176.860 a)).
Principal Located Outside the United States: “An electronic notary public may perform an electronic notarial act for a remotely located individual outside of the United States if the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States or involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States” (5 ILCS 312/3-105[b]).
Electronic Notary Located in Illinois: “An electronic notary public who performs an electronic notarial act for a principal by means of audio-video communication shall … be located within this State at the time the electronic notarial act is performed” (5 ILCS 312/6A-104[f][1]).
Single Recorded Session: “An electronic notary public who performs an electronic notarial act for a principal by means of audio-video communication shall … execute the electronic notarial act in a single recorded session that complies with Section 6A-103” (5 ILCS 312/6A-104[f][2]).
Confirmation of Record: “An electronic notary public who performs an electronic notarial act for a principal by means of audio-video communication shall … be satisfied that any electronic record that is electronically signed, acknowledged, or otherwise presented for electronic notarization by the principal is the same record electronically signed by the electronic notary” (5 ILCS 312/6A-104[f][3]; see also IAC 176.825 a) and 176.860 b)).
Quality of Audio-Video Communication: “An electronic notary public who performs an electronic notarial act for a principal by means of audio-video communication shall … be satisfied that the quality of the audio-video communication is sufficient to make the determination required for the electronic notarial act under this Act and any other law of this State” (5 ILCS 312/6A-104[f][4]).
Identification of Venue: “An electronic notary public who performs an electronic notarial act for a principal by means of audio-video communication shall … identify the venue for the electronic notarial act as the jurisdiction within Illinois where the notary is physically located while performing the act” (5 ILCS 312/6A-104[f][5]).
Audio-Video Communication Standards: “If an electronic notarial act is performed using audio-video communication:
“(1) the technology must allow the persons communicating to see and speak to each other simultaneously;
“(2) the signal transmission must be in real time; and
“(3) the electronic notarial act must be recorded” (5 ILCS 312/6A-103[c]; see also IAC 176.825).
Digital Certificate: “An electronic notary public shall at all times maintain … at least one digital certificate that includes the electronic notary’s electronic signature. Both the electronic seal and digital certificate must comply with the Act and this Part… An electronic notary may use more than one digital certificate in accordance with this Part” (IAC 176.820 a)).
“Digital certificates used by an electronic notary shall conform to the X.509 standard to ensure that the document has been rendered tamper-evident” (IAC 176.820 e)).
Replacement of Digital Certificate or Electronic Seal: “An electronic notary public shall replace an electronic seal or digital certificate under the following circumstances:
“1) The electronic seal or digital certificate has expired;
“2) The electronic seal or digital certificate has been revoked or terminated by the device’s issuing or registering authority; or
“3) The electronic seal or digital certificate is for any reason no longer valid or capable of authentication (IAC 176.820 c)).
“An electronic notary public who replaces an electronic seal or digital certificate must provide the following to the Secretary of State within 10 days after the replacement:
“1) The electronic technology or technologies to be used in attaching or logically associating the new electronic seal or digital certificate to an electronic document;
“2) The electronic notary’s new digital certificate, if applicable;
“3) A copy of the electronic notary’s new electronic seal, if applicable; and
“4) Any necessary instructions or techniques supplied by the vendor that allow the electronic notary’s electronic seal or digital certificate to be read and authenticated” (IAC 176.820 d)).
Journal: For the requirement that an Electronic Notary must keep a journal of all electronic notarial acts, see “Records of Notarial Acts,” below.
Recording: For the requirement that an Electronic Notary must keep an audio-video recording of all electronic notarial acts, see “Records of Notarial Acts,” below.
Protection of Act, Notarial Records, and Personal Information: “An electronic notary public must take reasonable steps to:
“a) Ensure the integrity, security, and authenticity of each electronic notarial act performed by the electronic notary public;
“b) Maintain a secure backup of the electronic journal kept in accordance with 5 ILCS 312/3-107; and
“c) Ensure that any audio-video communication while performing an electronic notarial act, and any journal records and audio-video recordings stored as a function of the communication technology, are secure from unauthorized access or interception” (IAC 176.830).
“An electronic notary public performing an electronic notarial act using audio-video communication, and the provider whose system is used, must ensure that the recording of the electronic notarial act made under 5 ILCS 312/6A-104 and any personally identifiable information disclosed during the performance of the electronic notarial act is protected from unauthorized access” (IAC 176.845).
Prohibited Acts: “An electronic notary public shall not:
“1) Engage in any fraudulent activity, deceptive practice, or inequitable act in connection with the Act.
“2) Engage in any activity prohibited by 5 ILCS 312/6-104.
“3) Fail to record an electronic notarial act performed using audio-video communication or fail to keep such a recording as required by 5 ILCS 312/6A-104.
“4) Use an electronic seal or digital certificate that is invalid or fails to comply with this Subpart or Article VI-A of the Act during the performance of an electronic notarial act.
“5) Fail to notify the Secretary of State of a change in the electronic seal or digital certificate.
“6) Use one’s own electronic seal, alone or together with the electronic signature, except in the performance of an electronic notarial act.
“7) Allow unauthorized access to the electronic journal kept by the electronic notary public under 5 ILCS 312/3-107, the electronic notary public’s electronic signature or the digital certificate, or to the electronic notarization solution used by the electronic notary public to perform an electronic notarial act.
“8) Violate any other provision of this Subpart I or Article VI-A of the Act relating to the performance of an electronic notarial act.
Validity of Electronic Notarial Act: “The validity of the electronic notarial act will be determined by applying the laws of the State of Illinois” (5 ILCS 312/6A-103[e]).
Liability, Sanctions, and Remedies: “The liability, sanctions, and remedies for improper performance of electronic notarial acts are the same as described and provided by law for the improper performance of non-electronic notarial acts as described under [5 ILCS 312] Section 7-108” (5 ILCS 312/6A-103[h]).
Representation as Electronic Notary: “A notary public shall not represent himself or herself as an electronic notary public if the person has not been commissioned as an electronic notary public by the Secretary of State” (5 ILCS 312/6-104[l]).

Paper Remote Notarial Acts

Terminology: The Illinois Notary Public Act uses the term “remote notarization” to mean “a notarial act that is done by way of audio-video communication technology that allows for direct, contemporaneous interaction between the individual signing the document (the signatory) and the witness by sight and sound but that requires the notary public to use his or her physical stamp and seal to notarize the document without the aid of an electronic seal or signature” (5 ILCS 312/1-104 – “Remote notarial act”).
Thus, there are two forms of “remote” notarization in Illinois: “Electronic notarial act” which is a remote notarial act that uses electronic records and electronic signatures and seals, and “remote notarial act” which is a remote notarial acts that uses paper documents and ink pens and physical Notary seals.
While this U.S. Notary Reference has adopted “in-person electronic notarial act” in the prior section to refer to a notarial act performed in the physical presence of a Notary Public on an electronic record using electronic signatures and electronic Notary seals, and “remote notarial act” in this current section to refer to all types of remote notarization that state laws may authorize, the reader should understand the distinctions and their use here, notwithstanding the confusion they may cause.
Effective Date: Due to the lengthy COVID-19 pandemic, the Governor of Illinois has authorized Illinois Notaries Public to perform paper-based remote notarizations. Through Executive Order 2020-14 and subsequent renewal authorizations, the authority to perform paper-based remote notarizations has been granted for up to 30 days after the state of emergency is lifted through the signing into law of Public Act 102-0167 (Senate Bill 730).
The effective date of the paper-based remote notarization provisions which are based on the temporary COVID-19 pandemic authorizations is the later of January 1, 2022 or the date when the Secretary of State’s office has filed a notice with the Secretary’s Index Department that it has adopted rules to implement Public Act 102-0160 (Senate Bill 2664, enacted July 23, 2021). The rules were adopted on June 5, 2023. The statutes providing permanent authorization are summarized below because they are identical to the temporary authorizations on which they are based.
Definitions: “'Remote notarial act' means a notarial act that is done by way of audio-video communication technology that allows for direct, contemporaneous interaction between the individual signing the document (the signatory) and the witness by sight and sound but that requires the notary public to use his or her physical stamp and seal to notarize the document without the aid of an electronic seal or signature.
“'Remote notary public' means any notary public that performs a remote notarial act” (5 ILCS 312/1-104).
Authorization: Any Illinois Notary Public may perform paper-based remote notarizations (5 ILCS 312/2-102[b] and 6-102.5[a]).
Consent of Remotely Located Individual: “A remote notary public may perform a remote notarial act using audio-video communication only if the remote notary public and the remotely located principal agree to the performance of the remote notarial act using audio-video communication” (IAC 176.700 d)).
Audio-Video Communication
1. Definition: “'Audio-video communication' means communication by which a person is able to see, hear, and communicate with another person in real time using electronic means” (5 ILCS 312/1-104).
2. Requirements
  “(1) Two-way audio-video communication technology must allow for remotely located notaries and principals to engage in direct, contemporaneous interaction between the individual signing the document (signatory) and the witness by sight and sound.
  “(2) The two-way audio video communication technology must be recorded and preserved by the signatory or the signatory’s designee for a period of at least 3 years.
  “(3) The signatory must attest to being physically located in Illinois during the two-way audio-video communication.
  “(4) The signatory must affirmatively state on the two-way audio-video communication what document the signatory is signing.
  “(5) Each page of the document being witnessed must be shown to the witness on the two-way audio-video communication technology in a means clearly legible to the witness.
  “(6) The act of signing must be captured sufficiently up close on the two-way audio-video communication for the witness to observe” (5 ILCS 312/6-102.5[b]).
Protection of Act and Personal Information: “A remote notary public performing a remote notarial act using audio-video communication must verify that the communication technology is sufficient to protect the act and the recording of the act made under Section 176.710 and that any personally identifiable information disclosed during the performance of the remote notarial act is protected from unauthorized access, except as may be required to comply with the Act and Section 176.710(d), including unauthorized access to:
“A) the live transmission of the audio-video feeds;
“B) the methods used to perform identity verification; and
“C) the recorded audio-video communication that is the subject of the remote notarization” (IAC 176.700 e) 2)).
Confirmation of Record: “The [communication technology] process must provide a means for the remote notary public reasonably to confirm that a record presented for a notarial act is the same record in which the remotely located principal made a statement or on which the principal executed a signature” (IAC 176.700 e) 1)).
Exiting and Restarting: “If a remotely located principal must exit the workflow before completing the identity verification process, the remotely located principal must restart the identity verification process from the beginning” (IAC 176.700 f)).
“(a) A remote notary public who is performing a remote notarial act using audio-video communication must restart the performance of the remote notarial act from the beginning, including and without limitation confirming the identity of the remotely located principal in accordance with Section 176.700, if at any time during the performance of the remote notarial act:
“1) The remotely located principal or the remote notary public exits the session;
“2) The audio-video communication link is broken; or
“3) The remote notary public believes that the process of completing the remote notarial act has been compromised and cannot be completed, for any reason, including poor resolution or quality of the audio or video transmission, or both.
”b) As used in this Section, “session” means the performance of one or more remote notarial acts using audio-video communication on a single set of documents as a single event by a single remote notary public with one or more remotely located principals and any applicable witnesses” (IAC 176.720).
Transmission of Document: “The signatory must transmit by overnight mail, fax, or electronic means a legible copy of the entire signed document directly to the notary no later than the day after the document is signed” (5 ILCS 312/6-102.5[c][1]).
Notary Signature: “The notary must sign the transmitted copy of the document as a witness and transmit the signed copy of the document back to the signatory via overnight mail, fax, or electronic means within 24 hours after receipt” (5 ILCS 312/6-102.5[c][2]).
“If necessary, the notary may sign the original signed document as of the date of the original execution by the signatory provided that the witness receives the original signed document together with the electronically witnessed copy within 30 days after the date of the remote notarization” (5 ILCS 312/6-102.5[c][3]).
Journal: For the requirement that Remote Notaries Public keep a journal of all remote notarizations, see “Records of Notarial Acts,” below.
Recording: For the requirement that Remote Notaries Public keep an audio-video recording of all remote notarizations, see “Records of Notarial Acts,” below.

Facsimile Signature

“[A] facsimile signature may not be notarized” (NPH).

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirement

Notarial Acts: “A notarial act must be evidenced by a certificate signed and dated by the notary public. The certificate must include identification of the jurisdiction in which the notarial act is performed and the official seal of office” (5 ILCS 312/6-103[a]).
Electronic Notarial Acts: “An electronic notarial certificate must be evidenced by an electronic notarial certificate signed and dated by the electronic notary public. The electronic notarial certificate must include identification of the jurisdiction in which the electronic notarial act is performed and the electronic seal of the electronic notary public” (5 ILCS 312/6A-105[a]).
“The electronic notarial certificate for an electronic notarization must include a notation that the notarization is an electronic notarization” (5 ILCS 312/6A-103[f]).
“The electronic notary public shall include a statement in the electronic notarial certificate to indicate that the electronic notarial act was performed by means of audio-video communication. The statement may also be included in the electronic notarial seal” (5 ILCS 312/6A-104[e]; see also IAC 176.810 c)).

Certificate Format

“A certificate of a notarial act is sufficient if it meets the requirements of [5 ILCS 312/6-103] subsection (a) and it:
“(1) is in the short form set forth in Section 6-105;
“(2) is in a form otherwise prescribed by the law of this State; or
“(3) sets forth the actions of the notary public and those are sufficient to meet the requirements of the designated notarial act” (5 ILCS 312/6-103[b]).

“All notarizations in the State of Illinois must contain the proper notary certificate wording, which includes State and County of venue, the date, notarial wording, notary signature as commissioned, and the imprint of the notary seal” (NPH).

Information Additional to Certificate

“A notarial certificate may contain additional or other information as may be required to satisfy any legal requirements, ethical or legal concerns, or the business needs of the parties to the transaction” (IAC 176.600 b)).

Certificate Forms

Illinois has adopted the Uniform Recognition of Acknowledgments Act and the Act’s short-form certificates. These certificate forms, as well as forms for remote notarial acts and other forms authorized by the Secretary of State, appear below.

Acknowledgment by Individual (765 ILCS 30/7[a][1])