Illinois - U.S. Notary Reference
- Brooke Merritt
- Beth Page (Unlicensed)
- Bill Anderson
Last Update: October 23, 2024
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[a]).
Notary Term Length
Illinois Residents: Four years (5 ILCS 312/2-101[a]).
Nonresidents: One year for residents of reciprocating bordering states (5 ILCS 312/2-101[a]).
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]).
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 62756Phone: 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) (February 2024), issued by the Secretary of State and available on the website.
COMMISSION AND APPOINTMENT
Notary Public Commission
Qualifications: An applicant for appointment as an Illinois Notary must (5 ILCS 312/2-102[a] 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) Provide satisfactory proof of successful completion of any required course on notarization;
(f) Have not been convicted of a felony; and
(g) Have never had a prior Notary application or commission revoked due to a finding or decision by the Secretary of State.Course: Required.
General Requirement: 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[a]; IAC 176.205[a]).Certified Course Provider Requirement: “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)).
Course Provider Approval: “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)).
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.
Exam Type: The examination consists of 50 multiple choice, true/false, or a combination of multiple choice and true/false questions. No more than half the questions may be true/false (IAC 176.235 c) 3)).
Passing Score: Applicants must score at least 85% on the final examination administered as part of an approved education course (IAC 176.235 c) 4)).
Exam Retakes: 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)).
Validity of Exam Score: 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
Requirement: “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]).
Resident Applications: 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. Illinois residents qualifying for a hardship exemption may choose to file a paper application. The paper application form available for download from the the website contains a section for the hardship exemption.
Nonresident Applications: Nonresidents must submit paper applications.
Identification: “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)). Applicants applying online must enter their Illinois driver’s license or state ID number on the online form.
Incomplete Application: “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)).
Bond: The required bond (see “Bond,” below) must accompany the application (5 ILCS 312/2-105). For resident Notary applicants using the online application, there is a specific bond that may be downloaded from the website for use with online applications.
For paper filers, the bond form is incorporated into the application for appointment.
For Notaries who previously filed a $5,000 bond and are filing for an Electronic Notary commission or who want to perform remote (paper) notarial acts, there is a specific bond form for the required $25,000 bond that may be downloaded from the website.
“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).Oath: Each applicant must take an oath regarding the truthfulness of the application for appointment and to pledge they will discharge the office of Notary Public faithfully.
For applications submitted on paper, the applicant’s signature on the “Notarial Oath” on the application must be notarized (5 ILCS 312/2-104[b]). The paper Notary application form states the application must be accompanied by a legible photocopy of the applicant’s driver’s license or state ID card.Appointment Fee: The appointment fee for a Notary Public commission is $15 (5 ILCS 312/2-103[a]).
Background Screening: Required.
“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[a]).
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.
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 “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]).Application
Application Information: “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)).Incomplete Application: “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”).Concurrent Application: “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]).
Appointment Fee: The fee for appointment of an applicant as an Electronic Notary Public is $25 (5 ILCS 312/2-103[b]).
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]lectronic 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)).
Concurrent Term: “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]).
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)).Commission Suspension: “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]).
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
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).
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”).
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[a]).
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[a]).
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[a]).
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]).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Illinois Notaries are authorized to perform the following notarial acts (5 ILCS 312/1-104, 312/1-104 “notarial act”; 765 ILCS 30/2):
Take acknowledgments and proofs;
Administer oaths and affirmations;
Take verifications upon oath or affirmation;
Witness or attest signatures;
Certify or attest copies;
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):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications upon oath or affirmation;
Witness or attest signatures;
Certify or attest copies;
Perform other duties as may be prescribed by a specific statute.
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (5 ILCS 312/1-104 “acknowledgment”; see also 5 ILCS 312/6-101[b]).
In a Representative Capacity: “‘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]).Acknowledged Before Me: “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
Identification: “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[a]).
Acknowledgment of Signature: “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 his or hers. 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).
Oaths and Affirmations
Oaths of Office: Whenever any person shall be required to take an oath before he enters upon the discharge of any office, place or business, or on any other lawful occasion, it shall be lawful for any person empowered to administer the oath to administer it in the following form, to-wit: The person swearing shall, with his hand uplifted, swear by the ever-living God, and shall not be compelled to lay the hand on or kiss the gospels” (5 ILCS 255/3).
Affirmations: “Whenever any person required to take or subscribe an oath, as aforesaid, and in all cases where an oath is upon any lawful occasion to be administered, and such person shall have conscientious scruples against taking an oath, he shall be admitted, instead of taking an oath, to make his solemn affirmation or declaration in the following form to-wit: You do solemnly, sincerely and truly declare and affirm. Which solemn affirmation or declaration shall be equally valid as if such person had taken an oath in the usual form…” (5 ILCS 255/4).
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 312/6-101[c]).
Requirements
Identification: “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]).
Witness Signature: “The person requesting this notarial act must personally appear before the notary and sign the document in the notary’s presence” (NPH).
Oath or Affirmation: “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
Identification: 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]).
Witness Signature: “[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 “notarial act”).Paper Printout of Electronic Record
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)” (765 ILCS 33/3.5[b]).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 [765 ILCS 33/3.5] 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” (765 ILCS 33/3.5[a]).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” (7655 ILCS 33/3.5[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]).
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 “'in the presence of' or ‘appear before’”).
Identification
Notarial Acts: The following identification requirements apply to acknowledgments, to verifications upon oath or affirmation, and to witnessing or attesting signatures:
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]).
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
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” (5 ILCS 312/6A-103[b]).
Satisfactory Evidence: “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)).Multi-Factor Authentication: “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)).
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)).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
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)).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)).
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)).
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)).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)).
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
“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]).
“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[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 “accredited immigration representative”).
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 result in 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 ILCS 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
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).
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]).
Uniform Electronic Estate Planning Documents Act: Effective January 1, 2024, Illinois enacted the Uniform Electronic Estate Planning Documents Act (UEEPDA), authorizing non-testamentary 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 non-testamentary 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
Approval of System Providers: Required.
List of Approved System Providers: A list of approved system providers may be found at the Illinois Secretary of State’s website at https://apps.ilsos.gov/notary/esystemproviderlist.
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
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).
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.
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 312/3-101[c][1]).
Technology Systems
Approval of System Providers: Required (5 ILCS 312/6A[e]). The Illinois Administrative Code contains lengthy provisions for application and approval of electronic notarization systems (see IAC 176.805).
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://apps.ilsos.gov/notary/esystemproviderlist.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]).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]).
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).
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: “[A]n 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[c]).
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[d]; see also IAC 176.825).Digital Certificate
At Least One Required: “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” (IAC 176.820 a)).
Multiple Digital Certificates Allowed: “An electronic notary may use more than one digital certificate in accordance with this Part” (IAC 176.820 b)).
X.509 Standard Required: “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
Circumstances Requiring Replacement: “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)).Notification Requirement: “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 Remote Notarial Act : “An electronic notary public must take reasonable steps to… [e]nsure the integrity, security, and authenticity of each electronic notarial act performed by the electronic notary public” (IAC 176.830 a)).
Protected Backup of Notarial Records: “An electronic notary public must take reasonable steps to… [m]aintain a secure backup of the electronic journal kept in accordance with 5 ILCS 312/3-107” (IAC 176.830 b)).
Protection of Access to Notarial Records: “An electronic notary public must take reasonable steps to… [e]nsure 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 c)).
Protection of Personal Information: “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” (IAC 176.870).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.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 “remote notary public”).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
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 “audio-video communication”).
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 Remote 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).
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
General Requirement: “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]).
Indication of Remote Act: “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 Forms
The Illinois Notary Public Act provides certificate forms for notarial acts. In addition, Illinois has adopted the Uniform Recognition of Acknowledgments Act’s short-form acknowledgment certificates. The Illinois Administrative Code enumerates certificate forms for remote and electronic notarial acts. These certificate forms, as well as forms other forms authorized by the Secretary of State, appear below.
Acknowledgment by Individual (5 ILCS 312/6-105[a]) State of Illinois This instrument was acknowledged before me on _________ (date) by _________ (name/s of person/s). (SIGNATURE AND SEAL OF NOTARY) |
Acknowledgment by Representative (5 ILCS 312/6-105[b]) State of Illinois This instrument was acknowledged before me on _________ (date) by _________ (name/s of person/s) as _________ (type of authority, e.g., officer, trustee, etc.) of _________ (name of party on behalf of whom instrument was executed). (SIGNATURE AND SEAL OF NOTARY) |
Verification on Oath or Affirmation by Individual (5 ILCS 312/6-105[c]) State of Illinois Signed and sworn (or affirmed) to before me on _________ (date) by _________ (name/s of person/s making statement). (SIGNATURE AND SEAL OF NOTARY) |
Signature Witnessing or Attestation (5 ILCS 312/6-105[d]) State of Illinois Signed or attested before me on _________ (date) by _________ (name/s of person/s). (SIGNATURE AND SEAL OF NOTARY) |
Acknowledgment by Individual (765 ILCS 30/7[a][1]) State of Illinois The foregoing instrument was acknowledged before me this _________ (date) by _________ (name of person acknowledging). (SIGNATURE AND SEAL OF NOTARY) |
Acknowledgment by Corporate Officer (765 ILCS 30/7[a][2]) State of Illinois The foregoing instrument was acknowledged before me this _________ (date) by _________ (name of officer or agent, title of officer or agent) of _________ (name of corporation acknowledging) a _________ (state or place of incorporation) corporation, on behalf of the corporation. (SIGNATURE AND SEAL OF NOTARY) |
Acknowledgment by Partner (765 ILCS 30/7[a][3]) State of Illinois The foregoing instrument was acknowledged before me this _________ (date) by _________ (name of acknowledging partner or agent), partner (or agent) on behalf of _________ (name of partnership), a partnership. (SIGNATURE AND SEAL OF NOTARY) |
Acknowledgment by Attorney in Fact (765 ILCS 30/7[a][4]) State of Illinois The foregoing instrument was acknowledged before me this _________ (date) by _________ (name of attorney in fact) as attorney in fact on behalf of _________ (name of principal). (SIGNATURE AND SEAL OF NOTARY) |
Acknowledgment by Public Officer, Trustee, or Personal Representative (765 ILCS 30/7[a][5]) State of Illinois The foregoing instrument was acknowledged before me this _________ (date) by _________ (name and title of position). (SIGNATURE AND SEAL OF NOTARY) |
Remote Acknowledgment by Individual (IAC 176.730 b) 1)) State of Illinois The foregoing instrument was acknowledged before me using audio-video technology on _________ (date) by _________ (name/s of individuals/s). (SIGNATURE AND SEAL OF NOTARY) |
Remote Acknowledgment by Representative (IAC 176.730 b) 2)) State of Illinois The foregoing instrument was acknowledged before me using audio-video technology on _________ (date) by _________ (name/s of individuals/s) as _________ (type of authority, such as officer or trustee) of _________ (name of party on behalf of whom the instrument was executed). (SIGNATURE AND SEAL OF NOTARY) |
Remote Verification on Oath or Affirmation (IAC 176.730 b) 3)) State of Illinois Signed and sworn to (or affirmed) before me using audio-video technology on _________ (date) by _________ (name/s of individuals/s) making statement. (SIGNATURE AND SEAL OF NOTARY) |
Electronic Acknowledgment by Individual (IAC 176.865 b) 1)) State of Illinois The foregoing instrument was acknowledged before me using an electronic notarization system provider on _________ (date) by _________ (name/s of individuals/s). (SIGNATURE AND ELECTRONIC SEAL OF NOTARY) |
Electronic Acknowledgment by Representative (IAC 176.865 b) 2)) State of Illinois The foregoing instrument was acknowledged before me using an electronic notarization system provider on _________ (date) by _________ (name/s of individuals/s) as _________ (type of authority, such as officer or trustee) of _________ (name of party on behalf of whom the instrument was executed). (SIGNATURE AND ELECTRONIC SEAL OF NOTARY) |
Electronic Verification on Oath or Affirmation (IAC 176.865 b) 3)) State of Illinois Signed and sworn to (or affirmed) before me using an electronic notarization system provider on _________ (date) by _________ (name/s of individuals/s) making statement. (SIGNATURE AND ELECTRONIC SEAL OF NOTARY) |
Electronic Signature Witnessing or Attestation (IAC 176.865 b) 4)) State of Illinois Signed or attested before me using an electronic notarization system provider on _________ (date) by _________ (name/s of person/s). (SIGNATURE AND ELECTRONIC SEAL OF NOTARY) |
Verification on Oath or Affirmation by Representative (NPH) State of Illinois Signed and sworn (or affirmed) to before me on _________ (date) by _________ (name[s] of person[s]) as _________ (type of authority, e.g., officer, trustee, etc.) of _________ (name of party on behalf of whom instrument was executed). (SIGNATURE AND SEAL OF NOTARY) |
Acknowledgment of Signer by Mark (NPH) State of Illinois This instrument was acknowledged before me on _________ (date) by _________ (name of person), who made and acknowledged making his/her mark on the instrument in my presence and in the presence of two persons who have signed below. (SIGNATURE AND SEAL OF NOTARY) _________ (signature and address of witness) |
Copy Certification of a Tangible Copy of Electronic Record (765 ILCS 33/3.5[d]) State of Illinois On this _________(date), I certify that the foregoing and annexed document [entitled _________,] (and) containing _________ pages is a true and correct copy of an electronic document printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic document indicated any changes or errors in an electronic signature or other information in the electronic document since its creation or execution. _________ (Signature of Notary Public) (Seal) |
Sufficiency of Certificate
Certificates Generally: “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).
Acknowledgment Certificate: “The form of a certificate of acknowledgment … shall be accepted in this State if:
“(1) The certificate is in a form prescribed by the laws or regulations of this State;
“(2) The certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
“(3) The certificate contains the words ‘acknowledged before me,’ or their substantial equivalent” (765 ILCS 30/5).Electronic Notarial Certificate: “An electronic notarial certificate of an electronic notarial act is sufficient if it meets the requirements of subsection (a) and it:
“(1) is in the short form set forth in 6-105;
“(2) is in a form otherwise prescribed by the law of this State; or
“(3) sets forth the actions of the electronic notary public and those are sufficient to meet the requirements of the designated electronic notarial act” (5 ILCS 312/6A-105[b]).
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)).
Blank or Incomplete Certificate
“A notary public shall not affix his signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with intent that it be used as an affidavit or acknowledgment” (5 ILCS 312/6-104[c]).
Secure Attachment of Certificate
“A notarial certificate must be stamped, stapled, grommeted, or otherwise permanently bound to the tangible document in a tamper-evident manner. The use of tape, paper clips, or binder clips is not permitted” (IAC 176.600 c)).
SEAL AND SIGNATURE
Definition
“'Electronic seal' means information within a notarized electronic document that includes the names, commission number, jurisdiction, and expiration date of the commission of an electronic notary public and generally includes the information required to be set forth in a mechanical stamp under subsection (b-5) of Section 3-101 [5 ILCS 312/3-101]” (5 ILCS 312/1-104 “electronic seal”).
Seal Requirement
Notarial Acts: Required.
“Each notary public shall, upon receiving the notary commission from the Secretary of State, obtain an official rubber stamp seal with which the notary shall authenticate his or her official acts” (5 ILCS 312/3-101[a] and 312/6-103[a]; see also IAC 176.500 a)).In-Person Electronic Notarial Acts: Not explicitly required.
Remote (Electronic) Notarial Acts: Required.
“An electronic notarial act must be evidenced by the following, which must be attached to or logically associated with the electronic document that is the subject of the electronic notarial act and which must be immediately perceptible and reproducible … the electronic seal of the electronic notary public” (5 ILCS 312/3-101[b-5]).Electronic Real Property Records: Not required.
“A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (765 ILCS 33/3[c]).
Seal Format
Notarial Acts
Inked Rubber Stamp: An inked rubber stamp is the official seal for an Illinois Notary Public (5 ILCS 312/3-101[a]).
Shape and Size: The seal must be rectangular and not more than 1 inch high by 2½ inches long (5 ILCS 312/3-101[a][4]).
Border: The seal must have a “serrated or milled edge border” surrounding the required components, below (5 ILCS 312/3-101[a][4]; IAC 176.520 a) 1)).
Ink Color: Black (5 ILCS 312/6-103[c]). “Black is the only acceptable ink color for a notary seal” (NPH).
Components: The seal must contain the following components surrounded by a serrated or milled edge border in descending order (5 ILCS 312/3-101[a][1] through [a][3]; IAC 176.520 a) 1)):
“Official Seal”;
Notary’s commissioned name;
“Notary Public”;
“State of Illinois”;
“Commission No.” immediately followed by the Notary’s commission number;
“My Commission Expires” immediately followed by the Notary’s commission expiration date “expressed in terms of the month, one- or two-digit day, and complete year (e.g., Jan. 1, 2024)” (NPH).
In-Person Electronic Notarial Acts: Not prescribed.
Remote (Electronic) Notarial Acts: “The electronic seal of an electronic notary public on an electronic record must look identical to a traditional notary public seal …” (IAC 176.520 b)).
“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]).
Example
The below typical, actual-size examples of official Notary and Electronic Notary seals which comply with Illinois law. Formats other than these may also be permitted.
Legibility of Seal
“At the time of a notarial act, a notary public shall … affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. The illegibility of any of the information required under this Section does not affect the validity of a transaction” (5 ILCS 312/6-103[c]).
Grandfathered Seals
“A notary may continue to use any seal in effect before July 1, 2023 through the expiration of the notary’s current commission” (IAC 176.520 c)).
Acquisition of Seal
“A notary public may purchase an official seal, and an electronic notary public may purchase an electronic seal, only after receiving a commission certificate from the Department under Section 176.550(a), and providing a copy of the commission certificate to the notary public’s or electronic notary public’s chosen seal vendor” (IAC 176.510 a)).
“Only upon presentation by the notary public or electronic notary public of the Commission Certificate is a vendor authorized to provide the notary with an official seal described in Section 176.520 or an electronic notary with an electronic seal as described in Sections 176.520 and 176.810” (IAC 176.550 b)).
Property of Notary Public
“The official seal of a notary public, and the electronic seal of an electronic notary public, is the exclusive property of the notary public or electronic notary public and may not be surrendered to an employer upon termination of employment, regardless of whether the employer paid for the official seal or electronic seal, the bond, or the appointment fees” (IAC 176.510 b)).
Contemporaneous Affixation of Seal
“A notary public must place a legible imprint of the notary public’s official seal on a notarial certificate for a tangible record at the time of the performance of the notarial act” (IAC 176.500 b)).
Logical Association of Electronic Seal
“An electronic notary public must attach or logically associate the electronic notary public’s electronic seal with the electronic notarial certificate on an electronic record” (IAC 176.500 c)).
Legibility of Seal
“A notary public must place a legible imprint of the notary public’s official seal on a notarial certificate for a tangible record at the time of the performance of the notarial act” (IAC 176.500 b)).
“If the notary’s official seal appears illegible on the document, a notary public may reapply a second, or subsequent, official seal to the document. Application of a second or subsequent seal must not make any other portion of the document unreadable” (IAC 176.520 d)).
“A notary public must not place an imprint of the notary public’s official seal, and an electronic notary public must not attach or logically associate the electronic notary public’s electronic seal, over any signature in a record to be notarized or over any writing in a notarial certificate” (IAC 176.500 d)).
Seal Capable of Photocopying
“The imprint of an official seal of a notary public on a tangible record must be an imprint capable of being photocopied or reproduced” (IAC 176.520 a) 2)).
“Fan-Stamping” Seal
“When a notarial certificate is on a separate piece of paper attached to the tangible record to be notarized, or when there are attachments to the tangible record to be notarized, a notary public may use one additional imprint of the notary public’s official seal for identification of the tangible record and notarial certificate attached to the tangible record, if the imprint does not make any part of the record or attachment illegible. The additional seal must be partially stamped together on the notarial certificate, and on the signature page or attachment to the notarized record” (IAC 176.500 e)).
Unlawful Use and Possession of Seal
Physical Seal: A notary public may not permit any other person to use the notary public’s official seal, and an electronic notary public may not permit any other person to use the electronic notary public’s electronic seal, for any purpose” (IAC 176.500 g)).
“A notary public may not use any other notary public’s official seal or any other object in place of the notary public’s official seal to perform a notarial act” (IAC 176.500 h)).Electronic Seal: “An electronic notary public may not use any other electronic notary public’s electronic seal or any other object in place of the electronic notary public’s electronic seal to perform a notarial act” (IAC 176.500 i)).
Penalty: “Any person who unlawfully possesses a notary’s official seal is guilty of a misdemeanor and punishable upon conviction by a fine not exceeding $1,000” (5 ILCS 312/7-107).
Lost or Stolen Seal
Written Notification: “When a physical official seal is lost or stolen, the notary public must notify the Department in writing the next business day after discovering the seal was lost or stolen. When an electronic official seal is lost or stolen, the notary public must notify the Department the next business day under 5 ILCS 312/3-101(d)(2)” (IAC 176.530 a)).
“What should I do if my notary seal is stolen? – Report the theft to the police and the Office of the Secretary of State. If for any reason you lose possession of your seal, it is recommended that you resign your commission” (NPH).Replacement Seal: “A replacement official seal or electronic seal must contain a distinct difference from the original seal” (IAC 176.530 b)).
Recovery of Lost Seal: “If the lost or stolen official or electronic seal is found or recovered after a replacement has been obtained, the original seal must be destroyed” (IAC 176.530 c)).
Electronic Seal: See “Electronic Signature and Seal,” below for the requirements for notification of a lost or stolen electronic seal.
Disposition of Seal
When the Notary’s commission terminates through revocation, resignation, or death, “[t]he notary stamp should be turned in to the Secretary of State” (NPH).
“Can my employer keep my seal and [commission] certificate if I leave the company? – No. The seal, commission certificate, and notary journal are considered the property of the notary public” (NPH).
Electronic Signature and Seal
Tamper-Evident Electronic Signature and Seal: “An electronic notary public shall attach his or her electronic signature and electronic seal with the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (5 ILCS 312/3-101[e]; see also IAC 176.810 b)).
Legibility of Electronic Signature and Seal: “At the time of an electronic notarial act, an electronic notary public shall electronically sign every electronic notarial certificate and electronically affix the electronic seal clearly and legibly, so that it is capable of photographic reproduction. The illegibility of any of the information required under this Section does not affect the validity of a transaction” (5 ILCS 312/6A-105[c]).
Registered Device: “An electronic notary shall register his or her chosen device with the Secretary of State before first use. Thereafter, electronic notary public shall take reasonable steps to ensure that any registered device used to create an electronic seal or electronic signature is current and has not been revoked or terminated by the device’s issuing or registering authority. Upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, an electronic notary public shall cease performing electronic notarial acts until:
“(1) a new technology or device is acquired; and
“(2) the electronic notary public sends an electronic message to the Secretary of State that includes the electronic signature of the electronic notary public required under paragraph (6) of subsection (b) of Section 2-102 relating to the new technology or device” (5 ILCS 312/3-101[c]).Security of Electronic Signature and Seal: “An electronic notary public shall keep the electronic notary public’s electronic signature and electronic seal secure and under the notary public’s exclusive control. The electronic notary public shall not allow another person to use his or her electronic signature or electronic seal” (5 ILCS 312/3-101[d][1]; see also IAC 176.815 a)).
“Access to electronic notary signatures and electronic notary seals must be protected using biometric authentication, password authentication, token authentication, or other form of authentication approved by the Secretary according to the Act and this Part” (IAC 176.815 b)).
“The electronic notary public shall not disclose any access information used to affix the electronic notary public’s signature and seal except when requested by law enforcement” (5 ILCS 312/3-101[d][3]).Lost or Stolen Electronic Signature or Seal: “An electronic notary public shall notify an appropriate law enforcement agency, the vendor of the electronic notary technology, and the Secretary of State no later than the next business day after the theft, compromise, or vandalism of the electronic notary public’s electronic signature or electronic seal” (5 ILCS 312/3-101[d][2]; see also IAC 176.815 c)).
Wrongful Acts Related to Electronic Signature and Seal: “No person shall wrongfully obtain, conceal, damage, or destroy the technology or device used to create the electronic signature or seal of an electronic notary public. A violation of this subsection (n) is a Class A misdemeanor” (5 ILCS 312/6-104[n]).
Notary Signature
Sign, Initial in Commission Name: “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]).
Legibility of Signature: “When signing a paper certificate, the notary public shall use a legible, recognizable handwritten signature that can be attributed to the notary public performing the notarial act by anyone examining or authenticating the signature. If a notary public’s preferred signature is not legible and recognizable, the notary public must also legibly print the notary public’s name immediately adjacent to the signature. In this chapter, a signature is legible and recognizable if the letters are distinct and easily readable, and the notary public’s full name may be clearly discerned by looking at the signature” (IAC 176.600 d)).
Facsimile Signatures: “Notaries may not use facsimile signature stamps in signing their official certificates. A signature must be written in ink as commissioned unless the Notary Public is a commissioned Electronic Notary Public and the notarization is a properly performed electronic notarization” (NPH).
RECORDS OF NOTARIAL ACTS
Records Requirement
Journal
Notarial Acts: Required.
“A notary public … shall keep a journal of each notarial act … (5 ILCS 312/3-107[a]).
Exception: “Notwithstanding any other subsection of this Part to the contrary, a notary employed by an attorney or law firm is not required to keep a journal of notarizations performed during the notary’s employment if the attorney or law firm maintains a copy of the documents notarized. No attorney or law firm shall be required to violate attorney-client privilege by allowing or authorizing inspection of any notarizations that are recorded in a notary’s journal. Journals of notarizations performed solely within the course of a notary’s employment with an attorney or law firm are the property of the employing attorney or firm” (IAC 176.900 f)).
In-Person Electronic Notarial Acts: Required.
[An] electronic notary public shall keep a journal of each …. electronic notarial act … (5 ILCS 312/3-107[a]).Remote Notarial Acts: Required (5 ILCS 312/3-107[a]).
Recording of Remote (Electronic) Notarial Acts: Required.
“An electronic notary public shall arrange for a recording to be made of each electronic notarial act performed using audio-video communication” (5 ILCS 312/6A-104[a]).
Employer Records No Substitute
“The fact that the employer or contractor of a notary or electronic notary public keeps a record of notarial acts or electronic notarial acts does not relieve the notary public of the duties required by this Section” (5 ILCS 312/3-107[d]).
Journal Format
Paper or Electronic: “A notary or electronic notary may maintain his or her journal in either paper form or electronic form and may maintain more than one journal or electronic journal to record notarial acts or electronic notarial acts” (5 ILCS 312/3-107[c]).
Format of Paper Journal
Binding: “The cover and pages inside the journal must be bound together by any binding method that is designed to prevent the insertion, removal, or substitution of the cover or a page. This includes glue, staples, grommets, or another binding, but does not include the use of tape, paper clips, or binder clips” (IAC 176.920 b)).
Page Numbering: “Each page must be consecutively numbered from the beginning to the end of the journal. If a journal provides two pages on which to record the required information about the same notarial act, both pages may be numbered with the same number or each page may be numbered with a different number. Page numbers must be preprinted” (IAC 176.920 c)).
Line Numbering: Each line, or entry if the journal is designed with numbered entry blocks, must be consecutively numbered from the beginning to the end of the page. If a line extends across two pages, the line must be numbered with the same number on both pages. A line or entry number must be preprinted” (IAC 176.920 d)).
Format of Electronic Journal
Tamper-Proof: “A journal maintained in an electronic format must be designed to prevent the insertion, removal, or substitution of an entry” (IAC 176.930 b)).
Secure and Recoverable: “A journal maintained in an electronic format must be securely stored and recoverable in the case of a hardware or software malfunction” (IAC 176.930 c)).
Portable Document Format (PDF): “Entries from the notarial journal must be available upon request by the Secretary of State in a PDF format” (IAC 176.930 d)).
Information Required Inside Journal: “Each journal of a notary public, whether maintained on a tangible medium or in an electronic format, must contain all of the following information in any order:
“1) The name of the notary public as it appears on the commission;
“2) The notary public’s commission number;
“3) The notary public’s commission expiration date;
“4) The notary public’s office address of record with the Secretary of State;
“5) A statement that, upon the death or adjudication of incompetency of the notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal must deliver or mail it to the Secretary of State;
“6) The meaning of any abbreviated word or symbol used in recording a notarial act in the notarial journal; and
“7) The signature of the notary public” (IAC 176.900 b)).
“If a notary public’s name, commission expiration date, or address changes before the notary public stops using the notarial journal, the notary public shall add the new information after the old information and the date on which the information changed” (IAC 176.900 c)).Transitional Provision: “A notary public who holds a commission on July 1, 2023, may continue to use the notary public’s journal until the completion of that journal or the expiration of that commission, whichever may occur first” (IAC 176.910 g)).
Journal Entries
Required Entries: “Each entry shall contain at least the following information:
“1) The name of the principal;
“2) The name of each credible witness relied upon to verify the identity of the principal;
“3) The name of any other person that signed for the principal;
“4) The title or a description of the document notarized;
“5) The date of the notarization;
“6) Whether the notarization was conducted in person, remotely, or electronically;
“7)The fee charged, if any; and
“8) The physical location of the notary and the principal” (IAC 176.910 a)).Optional Entries: “In addition to the entries required under 5 ILCS 312/3-107 of the Act and this Part, a journal may contain the signature of the individual for whom the notarial act is performed and any additional information about a specific transaction that might assist the notary public to recall the transaction” (IAC 176.910 b)).
Discretionary Entries: “Notwithstanding any other provision of this Section or any rules adopted under this Section, neither a notary public nor an electronic notary public is required to keep a journal of or to otherwise record in a journal a notarial act or an electronic notarial act if that act is performed on any of the following documents to be filed by or on behalf of a candidate for public office:
“(1) nominating petitions;
“(2) petitions of candidacy;
“(3) petitions for nomination;
“(4) nominating papers; or
“(5) nomination papers.
“The exemption under this subsection (f) applies regardless of whether the notarial act or electronic notarial act is performed on the documents described in paragraphs (1) through (5) of this subsection before, on, or after the effective date of this amendatory Act of the 103rd General Assembly, and the failure of a notary public or an electronic notary public to keep a journal of or to otherwise record such an act does not affect the validity of the notarial act on that document and is not a violation of this Act. As used in this subsection (f), "public office" has the meaning given in Section 9-1.10 of the Election Code” (5 ILCS 312/3-107[f]).Prohibited Entries: “A notary public must not record in the notary’s journal the following:
“1) An identification number that was assigned by a governmental agency or by the United States to the principal that is set forth on the identification card or passport presented as identification;
“2) Any other number that could be used to identify the principal of the document;
“3) A biometric identifier, including a fingerprint, voice print, or retina image of the principal;
“4) An individual’s first name or first initial and last name in combination with and linked to any one or more of the following data elements when the data elements are not encrypted or redacted:
“A) Social Security number;
“B) Driver’s license number or a State identification card number; or
“C) Financial account information; and
“5) An electronic signature of the person for whom an electronic notarial act was performed or any witnesses” (IAC 176.910 c)).Inadvertent or Accidental Entries: “A notary public who inadvertently records information prohibited under [IAC 176.910] subsection (c) must redact such information before providing public access to or copies of the journal” (IAC 176.910 d)).
Abbreviated Entries: “A notary public who performs multiple notarizations for the same principal within a single transaction may abbreviate the entry of those notarizations in the notary journal after first including all the information required by the Act. The abbreviated entry must indicate the type of transaction and the number of documents notarized as part of that single transaction” (IAC 176.920 f); see also IAC 176.930 f)).
Recording Fees: “Each notarial fee charged should correspond to the notarial act performed. If a fee is waived or not charged, the notary public shall indicate so in the journal entry using notarizations such as “n/c”, “0” (zero), or “ − “ (dash). Clerical and administrative fees, if charged, shall be separately itemized in the journal” (IAC 176.910 e)).
Recording Addresses: “For journal entries, address means the city and state only” (IAC 176.910 f)).
Record of Fees
Statute does require Illinois Notaries to keep a record of the fees they charge for notarial services provided: “Failure to … keep records that can be presented as evidence of no wrongdoing shall be construed as a presumptive admission of allegations raised in complaints against the notary for violations related to accepting prohibited fees” (5 ILCS 312/3-104[e]).
Exclusive Control of Journal
The journal of a notary public must remain within the exclusive control of the notary public at all times (IAC 176.920 e) and 176.930 e)).
Recordings of Remote (Electronic) Notarial Acts
Informing Principal: “Before performing any electronic notarial act using audio-video communication, the electronic notary public must inform all participating persons that the electronic notarization will be electronically recorded” (5 ILCS 312/6A-104[a]).
Identification of Principal: “(b) If the person for whom the electronic notarial act is being performed is identified by personal knowledge, the recording of the electronic notarial act must include an explanation by the electronic notary public as to how he or she knows the person and how long he or she has known the person.
“(c) If the person for whom the electronic notarial act is being performed is identified by a credible witness:
“(1) the credible witness must appear before the electronic notary public; and
“(2) the recording of the electronic notarial act must include:
“(A) a statement by the electronic notary public as to whether he or she identified the credible witness by personal knowledge or satisfactory evidence; and
“(B) an explanation by the credible witness as to how he or she knows the person for whom the electronic notarial act is being performed and how long he or she has known the person” (5 ILCS 312/6A-104[b] and [c]).Journal Laws Apply to Recordings: “The provisions of Section 3-107 related respectively to security, inspection, copying, and disposition of the journal shall also apply to security, inspection, copying, and disposition of audio-video recordings…” (5 ILCS 312/6A-104[h]).
Inspection of Records
Inspection of Journal: “A notary public shall allow for the inspection of the journal or electronic journal as required by [IAC] Section 176.950” (IAC 176.900 e)).
Inspection of Remote Notarial Act Recordings: “The recording of a remote notarial act performed using audio-video communication, as required by this Part, must be made available upon request to the following persons or entities:
“1) To the remotely located principal for whom the remote notarial act was performed;
“2) To the Secretary of State;
“3) To a law enforcement or federal, state, or local governmental agency in the course of an enforcement action or the performance of any lawful duty;
“4) Pursuant to a court order or subpoena;
“5) To the remote notary public who performed the remote notarial act;
“6) To the employer of the remote notary public to ensure compliance with this Part or the Act; or
“7) To any other person who is authorized to obtain the recording by the remotely located principal to the remote notarial act” (IAC 176.710 d)).Inspection of Electronic Notarial Act Recordings: “The recording made under 5 ILCS 312/6A-104 of an electronic notarial act performed using audio-video communication may be made available:
“a) To the principal for whom the electronic notarial act was performed;
“b) To the Secretary of State;
“c) To a law enforcement or federal, state, or local governmental agency in the course of an enforcement action;
“d) Pursuant to a court order or subpoena;
“e) To the electronic notary public who performed the electronic notarial act for any purpose listed in subsections (a) through (d), inclusive;
“f) To any other person who is authorized by the parties to the electronic notarial act to obtain the recording; or
“g) For any authorized purpose and to ensure compliance with the provisions of this Part and Article VI-A of the Act governing electronic notarial acts, the employer of an electronic notary public who performs an electronic notarial act using audio-video communication or the provider whose system was used to perform such an electronic notarial act, or both, may access the recording made under 5 ILCS 312/6A-104 of the electronic notarial act” (IAC 176.855).Public Inspection: In the notary’s presence, any person may inspect an entry in the official journal of notarial acts during the notary’s regular business hours, but only if:
“1) The person’s identity is personally known to the notary or proven through satisfactory evidence;
“2) The person affixes a signature in the journal in a separate, dated entry;
“3) The person specifies the month, year, type of document, and the name of the principal for the notarial act or acts sought; and
“4) The person is shown only the entry or entries specified” (IAC 176.950 a)).
“If the notary has a reasonable and explainable belief that a person has a criminal or harmful intent in requesting information from the notary’s journal, the notary may deny access to any entry or entries” (IAC 176.950 b)).Investigative Inspection: “A request for inspection or certified copies of a journal made through an investigative request by law enforcement or by the Secretary of State or in a subpoena in the course of criminal or civil litigation, or administrative proceeding shall be complied with in the manner specified in the request or subpoena” (IAC 176.950 c)).
Confidentiality of Personal Information: “If any portion of the audio-video recording of an electronic or remote notarization includes biometric information or includes an image of the identification card used to identify the principal, that portion of the recording is confidential and shall not be released without consent of the individual whose identity is being established, unless ordered by a court of competent jurisdiction or upon request by the Secretary of State” (IAC 176.950 d)).
Lost, Compromised, Destroyed, or Stolen Records
Journal: “If the journal of a notary public or electronic notary public is lost, stolen, or compromised, the notary or electronic notary shall notify the Secretary of State within 10 business days after the discovery of the loss, theft, or breach of security” (5 ILCS 315/3-107[e]).
Written Notification: “Notification of a lost, compromised, destroyed, or stolen journal under 5 ILCS 312/3-107 must be made in writing or electronically the next business day after the date the notary public or personal representative or guardian discovers the loss or theft of the journal. The notification must include all of the following:
“1) A statement of whether the journal is lost, compromised, destroyed, or stolen;
“2) An explanation of how the journal became lost, compromised, destroyed, or stolen;
“3) The date the notary public discovered that the journal was lost, compromised, destroyed, or stolen;
“4) A statement that the journal has been destroyed or that the notary public does not possess the journal and does not know who possesses it or where it is located; and
“5) A statement that, if the notary public subsequently acquires possession of the lost or stolen journal, the notary public shall file a written statement with the Secretary of State within 10 business days after the date the notary public reacquires possession of the lost or stolen journal, including a written explanation of how the journal was recovered” (IAC 176.940 b)).
Retention of Records
Journal: “The notary public must maintain custody and control of the journal at all times during the term of the notary public’s commission. When not in use, the journal must be kept in a secure location and accessible only to the notary public. A secure location includes the notary public’s sole possession or a locked location to which only the notary public has access” (IAC 176.940 a)).
Electronic Journals and Recordings: “A notary public must retain the electronic journal required and any audio-video recording created under 5 ILCS 312/6A-104 in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard, audio-visual file format and must not include images of any electronic record that was the subject of the electronic or remote notarization” (IAC 176.960 a)).
Retention Period: “An electronic journal must be retained for at least 7 years after the last electronic or remote notarial act chronicled in the journal. An audio-visual recording must be retained for at least 7 years after the recording is made” (IAC 176.960 b)).
“An electronic notary public shall keep a recording made pursuant to this Section for a period of not less than 7 years, regardless of whether the electronic notarial act was actually completed” (5 ILCS 312/6A-104[d]).Commission Surrender, Revocation, Expiration: “Upon surrender, revocation, or expiration of a commission as a notary or electronic notary, all notarial records or electronic notarial records required under this Section, except as otherwise provided by law, must be kept by the notary public or electronic notary for a period of 5 years after the termination of the registration of the notary public or electronic notary public” (5 ILCS 312/6-104[q]).
Death or Adjudication of Incompetency: “Upon the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of an electronic journal or audio-visual recording must:
“1) Comply with the retention requirements of this Section;
“2) Transmit the journal and recording to one or more depositories under subsection (e); or
“3) Transmit the journal and recording in an industry-standard readable data storage device to the Illinois Secretary of State, Index Department at 111 E. Monroe St., Springfield, IL 62756” (IAC 176.960 d)).System Provider as Depository: “An electronic notary public may use a system provider to store the electronic journal of the electronic notary public and the recording made under 5 ILCS 312/6A-104 of an electronic notarial act performed using audio-video communication if the provider has registered with the Secretary of State and the provider’s certification is in effect” (IAC 176.850 a)).
Sole Control of Records in Depository: “Except as otherwise provided in this subsection, a provider that stores the electronic journal of an electronic notary public and the recording made under 5 ILCS 312/6A-104 of an electronic notarial act performed using audio-video communication must allow the electronic notary public sole control of the electronic journal and the recording. The provider may allow access to the electronic journal of an electronic notary public or a recording if the electronic notary public has authorized such access or the access to the electronic journal or recording is authorized by the Act or this Part” (IAC 176.850 b)).
Depository Contract: “A notary public, guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a depository to provide the storage required by this Section. A third person under contract under this Section shall be considered a depository. The contract must:
“1) Enable the notary public, guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this Section even if the contract is terminated; or
“2) Provide that the information will be transferred to the notary public, guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated” (IAC 176.960 e)).Exception: “The retention requirements for this Part [J] do not apply to notaries in the course of their employment with a governmental entity” (IAC 176.960 f)).
Notarial Record
Under a pilot program in effect from June 1, 2009, through June 30, 2018, Illinois Notaries were required to create a separate “Notarial Record,” which includes a thumbprint, each time a notarization was performed on certain conveyances for residential real property in Cook County. Depending on the circumstances, each Notarial Record must then be surrendered to the Notary’s employer or to the Cook County Recorder of Deeds.
FEES FOR NOTARIAL ACTS
Maximum Fees
Notarial Acts: The maximum fee that may be charged by an Illinois Notary for any notarial act is $5 (5 ILCS 312/3-104[a]).
Electronic Notarial Acts: The maximum fee for performing an electronic notarial act (remote notarization on electronic records or in-person electronic notarization) is $25 (5 ILCS 312/3-104[b]).
Fee Not Required
“Neither a notary public nor an electronic notary public is required to charge a fee” (IAC 176.540 b)).
Disclosure of Fee
“Before performing any notarial act, the notary public or electronic notary public must inform the requestor of the notary’s or electronic notary’s fee, if any, that will be charged” (IAC 176.540 c)).
Records and Receipts
“All notaries public must provide itemized receipts and keep records for fees accepted for services provided. Notarial fees must appear on the itemized receipt as separate and distinct from any other charges assessed. Failure to provide itemized receipts and keep records that can be presented as evidence of no wrongdoing shall be construed as a presumptive admission of allegations raised in complaints against the notary for violations related to accepting prohibited fees” (5 ILCS 312/3-104[e]).
Immigration Services
Fees for a Notary, agency or any other person who is not an attorney but who is an accredited immigration representative filling out immigration forms are limited to the following (5 ILCS 312/3-104[b]):
$10 per form completion;
$10 per page for the translation of another language into English when such a translation is required for immigration forms;
$5 for notarizing;
$3 to execute any procedures necessary to obtain a document required to complete immigration forms;
A maximum of $75 for any one complete application.
The above fees do not include application fees for submission of immigration forms. Violation of these fees is regarded as a Class A misdemeanor for the first offense and a Class 3 felony for a second or subsequent offense committed within five years (5 ILCS 312/3-104[b]).Advertising: Notaries who are neither attorneys nor accredited immigration representatives 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]).
Legal Services: “No notary public who is not an attorney or an accredited [immigration] representative shall accept payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law” (5 ILCS 312/3-103[e]).
REAL ESTATE PRACTICES
Notary Signing Agents
With the enactment of Illinois Senate Bill 2718 (215 ILCS 155), effective June 20, 2006, the activities of Notary Signing Agents, once a matter of debatable legality, became clearly sanctioned by statute.
Formerly, Illinois Notary Signing Agents were limited to performing loan closings for lenders who handled the entire transaction without the assistance of a title company. Otherwise, they were required to become “independent escrowees” and to maintain expensive insurance, bonding and securities in order to act at closing conferences for title companies. With the enactment of SB 2718, Illinois Signing Agents are now considered lawful escrow agents who can perform closings when hired as independent contractors by a title insurance firm or agent.
Independent Contractors: “‘Escrow Agent’ means any title insurance company or any title insurance agent, including independent contractors of either, acting on behalf of a title insurance company which receives deposits, in trust, of funds or documents, or both, for the purpose of effecting the sale, transfer, encumbrance or lease of real property to be held by such escrow agent until title to the real property that is the subject of the escrow is in a prescribed condition” (215 ILCS 155/3[8]).
“‘Independent Escrowee’ means any firm, person, partnership, association, corporation or other legal entity, other than a title insurance company or a title insurance agent, which receives deposits, in trust, of funds or documents, or both, for the purpose of effecting the sale, transfer, encumbrance or lease of real property to be held by such escrowee until title to the real property that is the subject of the escrow is in a prescribed condition.... ‘Independent Escrowee’ does not include employees or independent contractors of a title insurance company or title insurance agent authorized by a title insurance company to perform closing, escrow, or settlement services” (215 ILCS 155/3[9]).Failure to Deliver 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]).
Recording Requirements
“Whenever any deed or instrument of conveyance or other instrument to be made a matter of record is executed there shall be typed or printed to the side or below all signatures the names of the parties signing such instruments including the witnesses thereto, if any, and the names of the parties or officers taking the acknowledgments. The absence or neglect to print or type the names of the parties under the signatures shall not invalidate the instrument.
Whenever any deed or instrument of conveyance or other instrument to be made a matter of record is executed, the signatures of the parties making the conveyance shall be acknowledged by a notary public appointed and commissioned by the Secretary of State or by one of the courts or officers designated in Section 20 of this Act. Failure to comply with this provision shall not invalidate the instrument.” (765 ILCS 5/35c).
“Any document presented that does not conform to the following standards, even if it may qualify for another document class, may be recorded under this document class (5) if the irregularity allows a legible reproduction of the document presented:
“(A) The document shall consist of one or more individual sheets measuring 8.5 inches by 11 inches, not permanently bound, and not a continuous form. Graphic displays accompanying a document to be recorded that measure up to 11 inches by 17 inches shall be recorded without charging an additional fee.
“(B) The document shall be legibly printed in black ink by hand, type, or computer. Signatures and dates may be in contrasting colors if they will reproduce clearly.
“(C) The document shall be on white paper of not less than 20-pound weight and shall have a clean margin of at least one-half inch on the top, the bottom, and each side. Margins may be used only for non-essential notations that will not affect the validity of the document, including, but not limited to, form numbers, page numbers, and customer notations.
“(D) The first page of the document shall contain a blank space, measuring at least 3 inches by 5 inches, from the upper right corner.
“(E) The document shall not have any attachment stapled or otherwise affixed to any page” (55 ILCS 5/3-5018.2[c][5]).
RECOGNITION OF NOTARIAL ACTS
Notarial Acts in Illinois
Acknowledgments: “Deeds, mortgages, conveyances, releases, powers of attorney or other writings of or relating to the sale, conveyance or other disposition of real estate or any interest therein whereby the rights of any person may be affected, may be acknowledged or proven before some one of the following courts or officers, namely:
“1. When acknowledged or proven within this State, before a notary public, United States commissioner, county clerk, or any court or any judge, clerk or deputy clerk of such court. When taken before a notary public or United States commissioner, the same shall be attested by his official seal; when taken before a court or the clerk thereof, or a deputy clerk thereof, the same shall be attested by the seal of such court” (765 ILCS 5/20[1]).Oaths and Affirmations: “All courts, and all judges and the clerk thereof, the county clerk, deputy county clerk, notaries public, and persons certified under the Illinois Certified Shorthand Reporters Act of 1984 [225 ILCS 415/1 et seq.] have the power to administer oaths and affirmations to witnesses and others, concerning anything commenced or to be commenced, or pending before them respectively” (5 ILCS 255/1).
Affidavits and Depositions: “All courts, and judges, and the clerks thereof, the county clerk, deputy county clerk, the Secretary of State, notaries public, and persons certified under the Illinois Certified Shorthand Reporters Act of 1984 [225 ILCS 415/1 et seq.] may administer all oaths of office and all other oaths authorized or required of any officer or other person, and take affidavits and depositions concerning any matter or thing, process or proceeding commenced or to be commenced, or pending in any court or before them, or on any occasion wherein any affidavit or deposition is authorized or required by law to be taken.
The same functions may be performed by any commissioned officer in active service of the armed forces of the United States, within or without the United States. Oaths, affidavits or depositions taken by or affirmations made before such officers need not be authenticated nor attested by any seal nor shall any instruments executed or proceedings had before such officers be invalid because the place of the proceedings or of the execution is not stated” (5 ILCS 255/2).
Notarial Acts in U.S. State or Jurisdiction
Notarial Acts: “Notarial acts may be performed outside this State for use in this State with the same effect as if performed by a notary public of this State by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of this State:
“(1) a notary public authorized to perform notarial acts in the place in which the act is performed;
“(2) a judge, clerk, or deputy clerk of any court of record in the place in which the notarial act is performed;
“(3) an officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
“(4) a commissioned officer in active service with the Armed Forces of the United States and any other person authorized by regulation of the Armed Forces to perform notarial acts if the notarial act is performed for one of the following or his dependents: a merchant seaman of the United States, a member of the Armed Forces of the United States, or any other person serving with or accompanying the Armed Forces of the United States; or
“(5) any other person authorized to perform notarial acts in the place in which the act is performed” (765 ILCS 30/2).Acknowledgments: “Deeds, mortgages, conveyances, releases, powers of attorney or other writings of or relating to the sale, conveyance or other disposition of real estate or any interest therein whereby the rights of any person may be affected, may be acknowledged or proven before some one of the following courts or officers, namely: …
“2. When acknowledged or proved outside of this State and within the United States or any of its territories or dependencies or the District of Columbia, before a justice of the peace, notary public, master in chancery, United States commissioner, commissioner to take acknowledgments of deeds, mayor of city, clerk of a county, or before any judge, justice, clerk or deputy clerk of the supreme, circuit or district court of the United States, or before any judge, justice, clerk or deputy clerk, prothonotary, surrogate, or registrar of the supreme, circuit, superior, district, county, common pleas, probate, orphan's or surrogate's court of any of the states, territories or dependencies of the United States. In any dependency of the United States such acknowledgment or proof may also be taken or made before any commissioned officer in the military service of the United States …” (765 ILCS 5/20[2]).
Notarial Acts in Foreign Country
Acknowledgments: “Deeds, mortgages, conveyances, releases, powers of attorney or other writings of or relating to the sale, conveyance or other disposition of real estate or any interest therein whereby the rights of any person may be affected, may be acknowledged or proven before some one of the following courts or officers, namely: …
“3. When acknowledged or proven outside of the United States before any court of any republic, dominion, state, kingdom, empire, colony, territory, or dependency having a seal, or before any judge, justice or clerk thereof or before any mayor or chief officer of any city or town having a seal, or before a notary public or commissioner of deeds, or any ambassador, minister or secretary of legation or consul of the United States or vice consul, deputy consul, commercial agent or consular agent of the United States in any foreign republic, dominion, state, kingdom, empire, colony, territory or dependency attested by his official seal or before any officer authorized by the laws of the place where such acknowledgment or proof is made to take acknowledgments of conveyances of real estate or to administer oaths in proof of the execution of conveyances of real estate. Such acknowledgments are to be attested by the official seal, if any, of such court or officer, and in case such acknowledgment or proof is taken or made before a court or officer having no official seal, a certificate shall be added by an ambassador, minister, secretary of legation, consul, vice consul, deputy consul, commercial agent or consular agent of the United States residing in such republic, dominion, state, kingdom, empire, colony, territory, or dependency under his official seal, showing that such court or officer was duly elected, appointed or created and acting at the time such acknowledgment or proof was made” (765 ILCS 5/20[3]).Proof of Authority of Officer: “(b) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if:
“(1) either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
“(2) the official seal of the person performing the notarial act is affixed to the document; or
“(3) the title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
“(c) If the notarial act is performed by a person other than one described in subsections (a) and (b), there is sufficient proof of the authority of that person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of that person and to his authority to perform the notarial act.
“(d) The signature and title of the person performing the act are prima facie evidence that he is a person with the designated title and that the signature is genuine” (765 ILCS 30/3[b]-[d]).
Notarial Acts by U.S. Military Personnel
“Deeds, mortgages, conveyances, releases, powers of attorney or other writings of or relating to the sale, conveyance or other disposition of real estate or any interest therein whereby the rights of any person may be affected, may be acknowledged or proven before some one of the following courts or officers, namely: …
“4. Any person serving in or with the armed forces of the United States, within or outside of the United States, and the spouse or former spouse of any such person, may acknowledge the instruments wherever located before any commissioned officer in active service of the armed forces of the United States with the rank of Second Lieutenant or higher in the Army, Air Force or Marine Corps, or Ensign or higher in the Navy or United States Coast Guard” (765 ILCS 5/20[4]).
AUTHENTICATION OF NOTARIAL ACTS
County Clerks
Locally, an authenticating certificate (“certificate of authority”) for an Illinois Notary may be obtained for a fee of $2 at the office of the county clerk where the Notary’s appointment has been recorded (5 ILCS 312/3-106).
The county clerk keeps a record of the Notary’s appointment and of the time the appointment expires (5 ILCS 312/2-106).
Secretary of State
Certificates of authority for Notaries, including apostilles, are also issued by the Illinois Secretary of State’s office (5 ILCS 312/3-106).
Springfield Address
Office of Secretary of State
Index Department
111 East Monroe Street
Springfield, IL 62756
Phone: 1-217-782-7017Chicago Address
Office of Secretary of State
Index Department
17 N. State St., Rm. 1010
Chicago, IL 60602
Phone: 312-814-8218Website: https://www.ilsos.gov/departments/index/apostilles.html.
Procedure
Mail and In-Person Requests: Persons who need an authentication should mail to the Springfield office or present in person at either office listed above the original notarized document(s), along with the appropriate fee. In-person requests are handled at each office between 8:00 a.m. and 4:00 p.m. (website, “Authentications/Apostilles”).
Country of Destination: If document(s) are submitted by mail, a written request indicating the country to which the document(s) will be sent must be included. An “Application for Authentication or Apostille Certifying Documents for Foreign Use” may be downloaded from the website for this purpose.
Fees: $2 per document, including an apostille, payable to “Secretary of State” (5 ILCS 312/3-106).
Delivery of Documents: Mailed requests also must include a stamped return envelope, which may be addressed either to the requester or to a third party. For expedited returns, prepaid Express Mail, Priority Mail, Federal Express, UPS or Airborne Express envelopes also are accepted. “Please note that requests to forward or return authenticated documents that do not include a prepaid bill receipt and pre-printed shipping label will be sent to the customer by first class mail” (website, “Authentications/Apostilles”).
Processing Time: Normal processing time for documents received by mail is seven to 7-14 business days. Documents presented in person usually will be processed while the requester waits, although same-day service is not guaranteed. Finally, school diplomas or transcripts must bear the original signature of the appropriate school official as well as being notarized by an Illinois Notary Public (website, “Authentications/Apostilles”).
Authentications Pamphlet: Further information on authentication appears in the pamphlet “Certifying Official Documents for Foreign Use,” which is available on the Illinois Secretary of State’s website in both English and Spanish.
Transcripts and Diplomas: “When you need to authenticate a transcript or diploma for use in a country other than the U.S., the authorities in those countries typically require students’ records to be certified by the school or university and then authenticated by the state. To fulfill these requirements, the applicant must have the person in charge of the records (normally the registrar or principal) certify and sign the record in the presence of the Notary Public, who then notarizes that statement. The notarized transcript or diploma can then be sent to the Secretary of State’s office for an Apostille or Certificate of Authority” (website, “Apostilles and Certifications”).
Refusal to Authenticate: Illinois legislation (House Bill 1013), which took effect as law on July 1, 2013, authorizes the office of the Secretary of State to refuse to issue apostilles and other authenticating certificates for notarized and other documents for reasons that include the following: the document has not been certified by the appropriate authority; the document has not been notarized in accordance with the Illinois Notary Public Act; the document submitted to the Secretary of State is not an original; the document makes a claim regarding or purports to affect citizenship, immunity, allegiance to a government or jurisdiction, sovereignty, or any other similar or related matter; or the Secretary of State has reasonable cause to believe the document may be used to accomplish a fraudulent, criminal or unlawful purpose (15 ILCS 305/5.20[b]).
Misuse of Authentications: “A person may not remove an apostille, certification, any part of the apostille or certification, or the ‘great seal of the State of Illinois’ from any document to which the Secretary of State has affixed it. This act or any attempt to do so shall render the apostille or certification invalid” (15 ILCS 305/5.20[c]).
Authentication of Electronic Notarial Acts: “Electronic notarial acts need to fulfill certain basic requirements to ensure non-repudiation and the capability of being authenticated by the Secretary of State for purposes of issuing apostilles and certificates of authentication. The requirements are as follows:
“(1) the fact of the electronic notarial act, including the electronic notary’s identity, signature, and electronic commission status, must be verifiable by the Secretary of State; and
“(2) the notarized electronic document will be rendered ineligible for authentication by the Secretary of State if it is improperly modified after the time of electronic notarization, including any unauthorized alterations to the document content, the electronic notarial certificate, the electronic notary public’s electronic signature, or the electronic notary public’s official electronic seal” (5 ILCS 312/6A-103[i]).
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