Public Act 102-0160
SB2664 EnrolledLRB102 15608 RJF 20971 b

AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Notary Public Act is amended by
changing Sections 1-104, 2-101, 2-102, 2-102.5, 2-103, 2-104,
2-105, 2-107, 3-101, 3-103, 3-104, 3-105, 3-106, 4-101, 5-101,
5-102, 6-102, 6-104, and Sections 7-106, 7-107, and 7-108 and
by adding Sections 1-106, 2-101.5, 2-102.6, 2-102.7, 3-101.5,
and 3-107, 6-102.5, and the heading of Article VI-A and
Sections 6A-101, 6A-102, 6A-103, 6A-104, 6A-105, 6A-106, and
7-110 as follows:
(5 ILCS 312/1-104) (from Ch. 102, par. 201-104)
Sec. 1-104. Definitions. As used in this Act: Notary
Public and Notarization Defined.
"Accredited immigration representative" means a not for
profit organization recognized by the Board of Immigration
Appeals under 8 C.F.R. 292.29(a) and employees of those
organizations accredited under 8 C.F.R. 292.29(d).
"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.
"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.
"Communication technology" means an electronic device or
process that allows a notary public and a remotely located
individual to communicate with each other simultaneously by
audio-video communication.
"Credential" means a tangible record evidencing the
identity of a person, including a valid and unexpired
identification card or other document issued by the federal
government or any state government that contains the
photograph and signature of the principal.
"Digital certificate" means a computer-based record or
electronic file to a notary public or applicant for commission
as an electronic notary public for the purpose of creating an
official electronic signature. The digital certificate shall
be kept in the exclusive control of the electronic notary
public.
"Dynamic knowledge based authentication assessment" means
an identity assessment that is based on a set of questions
formulated from public or private data sources for which the
person taking the assessment has not previously provided an
answer that meets any rules adopted by the Secretary of State.
"Electronic" means of or relating to technology having
electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
"Electronic document" means information that is created,
generated, sent, communicated, received, or stored by
electronic means.
"Electronic notarial act" means an act that an electronic
notary public of this State is authorized to perform. The term
includes:
(1) taking an acknowledgment;
(2) administering an oath or affirmation;
(3) executing a jurat;
(4) certifying a true and correct copy; and
(5) performing such other duties as may be prescribed
by a specific statute.
"Electronic notarial certificate" means the portion of a
notarized electronic document that is completed by an online
notary public and contains the following:
(1) the electronic notary public's electronic
signature, electronic seal, title, and commission
expiration date;
(2) other required information concerning the date and
placement of the electronic notarization; and
(3) the facts attested to or certified by the
electronic notary public in the particular notarization.
"Electronic notarial certificate" includes the form of an
acknowledgment, jurat, verification on oath or affirmation, or
verification of witness or attestation that is completed
remotely by an electronic notary public and:
(1)contains the electronic notary's electronic
signature, electronic seal, title and commission, and
expiration date;
(2)contains other required information concerning the
date and place of the electronic notarization;
(3)otherwise conforms to the requirements for an
acknowledgment, jurat, verification on oath or
affirmation, or verification of witness or attestation
under the laws of this State; and
(4)indicates that the person making the
acknowledgment, oath, or affirmation appeared.
"Electronic notarization system" means a set of
applications, programs, hardware, software, or technology to
enable an electronic notary to perform electronic notarial
acts through audio-video communication.
"Electronic notary public" means a person commissioned by
the Secretary of State to perform electronic notarial acts.
"Electronic presentation" means the transmission of a
quality image of a government-issued identification credential
to an electronic notary public through communication
technology for the purpose of enabling the electronic notary
public to identify the person appearing before the electronic
notary public and to perform a credential analysis.
"Electronic record" means a record created, generated,
sent, communicated, received, or stored by electronic means.
"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.
"Electronic signature" means the official signature of the
commissioned notary that is on file with the Secretary of
State and has been reduced to an electronic format that may be
attached to or logically associated with a record and executed
or adopted by an individual with the intent to sign the record.
"Identity proofing" means a process or service operating
according to criteria approved by the Secretary of state
through which a third person affirms the identity of an
individual through review of personal information from public
and proprietary data sources, including (a) by means of
dynamic knowledge-based authentication, such as a review of
personal information from public or proprietary data sources;
or (b) by means of analysis of biometric data, such as, but not
limited to, facial recognition, voiceprint analysis, or
fingerprint analysis.
"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.
"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 taking an acknowledgment, administering an oath, or
affirmation, taking a verification on oath, or affirmation,
witnessing or attesting a signature, certifying or attesting a
copy, and noting a protest of a negotiable instrument.
"Notary public" or "notary" means an individual
commissioned to perform notarial acts.
"Notarization" means the performance of a notarial act.
"Outside the United States" means a location outside of
the geographic boundaries of a state or commonwealth of the
United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, and any territory, or insular
possession, or other location subject to the jurisdiction of
the United States.
"Principal" means an individual:
(1) whose signature is notarized; or
(2) taking an oath or affirmation from the notary but
not in the capacity of a witness for the notarization.
"Public key certificate" means an electronic credential
which is used to identify an individual who signed an
electronic record with the certificate.
"Real time" means the actual span of uninterrupted time
during which all parts of an electronic notarial act occur.
"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.
"Tamper evident" means that any change to an electronic
document shall display evidence of the change.
"Unique to the electronic notary public" and "sole
control" mean, with respect to an electronic notarization that
the signing device used to affix the electronic signature of
the electronic notary public and to render the official
electronic seal information tamper evident must be accessible
by and attributable solely to the electronic notary public to
the exclusion of all other persons and entities for the
necessary period of time that such device is engaged and
operating to effectuate the authorized electronic
notarization.
(a) The terms "notary public" and "notary" are used
interchangeably to mean any individual appointed and
commissioned to perform notarial acts.
(b) "Notarization" means the performance of a notarial
act.
(c) "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).
(Source: P.A. 93-1001, eff. 8-23-04.)
(5 ILCS 312/1-106 new)
Sec. 1-106. Electronic Notarization Fund. The Electronic
Notarization Fund is created as a special fund in the State
treasury. Moneys in the Electronic Notarization Fund during
the preceding calendar year, shall be distributed, subject to
appropriation, to the Secretary of State to fund the
Department of Index's implementation and maintenance of the
electronic notarization commissions. This Section is effective
on and after July 1, 2022.
(5 ILCS 312/2-101) (from Ch. 102, par. 202-101)
Sec. 2-101. Appointment.
(a) 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. 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.
(b) 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.
(c) An individual may apply for a notary public commission
and apply for an electronic notary public commission at the
same time.
(d) 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.
(e) The commission of a notary public and an electronic
notary public shall have the same term pursuant to subsection
(a).
(f) 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.
(Source: P.A. 91-818, eff. 6-13-00.)
(5 ILCS 312/2-101.5 new)
Sec. 2-101.5. Course of study and examination.
(a) 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.
(b) The Secretary of State shall have the authority to
adopt administrative rules mandating a course of study and
examination and establishing the course of study content,
length of the course of study to be required, and to approve
any course of study providers.
(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
Sec. 2-102. Application.
(a) Application for notary public commission. 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:
(1) (a) the applicant's official name, as it appears
on his or her current driver's license or state-issued
identification card;
(2) (b) the county in which the applicant resides or,
if the applicant is a resident of a state bordering
Illinois, the county in Illinois in which that person's
principal place of work or principal place of business is
located;
(3) (c) the applicant's residence address, as it
appears on his or her current driver's license or
state-issued identification card;
(4) the applicant's e-mail address;
(5) (c-5) the applicant's business address if
different than the applicant's residence address, if
performing notarial acts constitutes any portion of the
applicant's job duties;
(6) (d) that the applicant has resided in the State of
Illinois for 30 days preceding the application or that the
applicant who is a resident of a state bordering Illinois
has worked or maintained a business in Illinois for 30
days preceding the application;
(7) (e) that the applicant is a citizen of the United
States or an alien lawfully admitted for permanent
residence in the United States;
(8) (f) the applicant's date of birth;
(9) (g) that the applicant is proficient in the able
to read and write the English language;
(10) that the applicant has not had a prior
application or commission revoked due to a finding or
decision by the Secretary of State (h) that the applicant
has never been the holder of a notary public appointment
that was revoked or suspended during the past 10 years;
(11) (i) that the applicant has not been convicted of
a felony;
(12) (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; and
(13) that the applicant has provided satisfactory
proof to the Secretary of State that the applicant has
successfully completed any required course of study on
notarization; and
(14) (j) any other information the Secretary of State
deems necessary.
(b) Any notary appointed under subsection (a) shall have
the authority to conduct remote notarizations.
(c) Application for electronic notary public commission.
An application for an electronic notary public commission must
be filed with the Secretary of State in a manner prescribed by
the Secretary of State. 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.
(d) Electronic notarial acts. 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.
(e) Approval of commission. Upon the applicant's
fulfillment of the requirements for a notarial commission or
an electronic notary public commission, the Secretary of State
shall approve the commission and issue to the applicant a
unique commission number.
(f) Rejection of application. The Secretary of State may
reject an application for a notarial commission or an
electronic notary public commission if the applicant fails to
comply with any Section of this Act.
(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
(5 ILCS 312/2-102.5)
Sec. 2-102.5. Online notary public application system.
(a) The Secretary of State may establish and maintain an
online application system that permits an Illinois resident to
apply for appointment and commission as a notary public or
electronic notary public.
(b) Any such online notary public application system shall
employ security measures to ensure the accuracy and integrity
of notary public applications submitted electronically under
this Section.
(c) The Secretary of State may cross reference information
provided by applicants with that contained in the Secretary of
State's driver's license and Illinois Identification Card
databases in order to match the information submitted by
applicants, and may receive from those databases the
applicant's digitized signature upon a successful match of the
applicant's information with that information contained in the
databases.
(d) An online notary public application shall contain all
of the information that is required for a paper application as
provided in Section 2-102 of this Act. The applicant shall
also be required to provide:
(1) the applicant's full Illinois driver's license or
Illinois Identification Card number;
(2) the date of issuance of the Illinois driver's
license or Illinois Identification Card; and
(3) the applicant's e-mail address for notices to be
provided under this Section.
(e) For his or her application to be accepted, the
applicant shall mark the box associated with the following
statement included as part of the online notary public
application: "By clicking on the box below, I swear or affirm
all of the following:
(1) I am the person whose name and identifying
information is provided on this form, and I desire to be
appointed and commissioned as a notary public in the State
of Illinois.
(2) All the information I have provided on this form
is true and correct as of the date I am submitting this
form.
(3) I authorize the Secretary of State to utilize my
signature on file with the Secretary of State driver's
license and Illinois Identification Card databases and
understand that such signature will be used on this online
notary public application for appointment and commission
as a notary public or electronic notary as if I had signed
this form personally."
(4) I authorize the Secretary of State to utilize my
signature to conduct a verification to confirm the
information provided in the application, including a
criminal background check, if necessary."
(f) Immediately upon receiving a completed online notary
public application, the online system shall send by electronic
mail a confirmation notice that the application has been
received. Upon completion of the procedure outlined in
subsection (c) of this Section, the online notary public
application system shall send by electronic mail a notice
informing the applicant of whether the following information
has been matched with the Secretary of State driver's license
and Illinois Identification Card databases:
(1) that the applicant has an authentic Illinois
driver's license or Illinois Identification Card issued by
the Secretary of State and that the driver's license or
Illinois Identification Card number provided by the
applicant matches the driver's license or Illinois
Identification Card number for that person on file with
the Secretary of State;
(2) that the date of issuance of the Illinois driver's
license or Illinois Identification Card listed on the
application matches the date of issuance of that license
or card for that person on file with the Secretary of
State;
(3) that the date of birth provided by the applicant
matches the date of birth for that person on file with the
Secretary of State; and
(4) that the residence address provided by the
applicant matches the residence address for that person on
file with the Secretary of State; and .
(5) the last 4 digits of the applicant's social
security number.
(g) If the information provided by the applicant matches
all of the criteria identified in subsection (f) of this
Section, the online notary public application system shall
retrieve from the Secretary of State's database files an
electronic copy of the applicant's signature from his or her
Illinois driver's license or Illinois Identification Card and
such signature shall be deemed to be the applicant's signature
on his or her online notary public application.
(Source: P.A. 99-112, eff. 1-1-16.)
(5 ILCS 312/2-102.6 new)
Sec. 2-102.6. Database of notaries public. 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 312/2-102.7 new)
Sec. 2-102.7. Registration of electronic notarization
technology.
(a) Notaries holding an electronic notary public
commission shall register the capability to notarize
electronically before performing any electronic notarial acts
with the Secretary of State. The registration shall be made
with the Secretary of State every time an electronic notary
public adopts a new or additional technology with which to
perform electronic notarial acts and the technology or vendor
must first be approved by the Secretary of State.
(b)Prior to any electronic notarial acts being performed
in this State, the vendor of electronic notarization
technology must submit the technology to the Secretary of
State and receive approval by the Secretary of State for use in
this State.
(c) The Secretary of State shall adopt rules applicable to
this Section, setting forth the standards electronic notary
platforms must achieve to be approved for use in the State of
Illinois and requirements with which vendors of electronic
notary platforms must comply.
(5 ILCS 312/2-103) (from Ch. 102, par. 202-103)
Sec. 2-103. Appointment Fee.
(a) Every applicant for appointment and commission as a
notary public shall pay to the Secretary of State a fee of $15
$10. Ten dollars from each applicant fee shall be deposited in
the General Revenue Fund. Five dollars from each applicant fee
shall be deposited in the Electronic Notarization Fund.
(b) Every applicant for a commission as an electronic
notary public shall pay to the Secretary of State a fee of $25.
This fee is in addition to the fee proscribed for a commission
as a notary public and shall be deposited in the Electronic
Notarization Fund.
(c) The changes made to this Section by this amendatory
Act of the 102nd General Assembly are effective on and after
July 1, 2022.
(Source: P.A. 85-1396.)
(5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
Sec. 2-104. Oath.
(a) Every applicant for appointment and commission as a
notary public shall take the following oath:
"I, (name of applicant), solemnly affirm, under the
penalty of perjury, that the answers to all questions in this
application are true, complete, and correct; that I have
carefully read the notary law of this State; and that, if
appointed and commissioned as a notary public, I will perform
faithfully, to the best of my ability, all notarial acts in
accordance with the law.".
(b) In the event that the applicant completes a paper
application for appointment and commission as a notary public,
he or she shall take the oath in the presence of a person
qualified to administer an oath in this State. The printed
oath shall be followed by the signature of the applicant and
notarized as follows:
" ................. (Signature of applicant)
State of Illinois
County of (name of county where the notarization is
completed)
Subscribed and affirmed before me on (insert date) by
(name of person who signature is being notarized).
................... (Official signature and official seal
of notary)".
(c) In the event that the applicant completes an online
application for appointment and commission as a notary public,
he or she shall affirm the oath electronically. An electronic
affirmation of the oath in the online notary public
application system shall have the same force and effect as an
oath sworn and affirmed in person.
(Source: P.A. 99-112, eff. 1-1-16.)
(5 ILCS 312/2-105) (from Ch. 102, par. 202-105)
Sec. 2-105. Bond.
(a) 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.
(b) 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.
(c) The bonding company issuing the bond to a notary
public or an electronic notary public shall submit
verification of the bond information for the notary to the
Secretary of State in a format prescribed by the Secretary of
State.
(Source: P.A. 84-322.)
(5 ILCS 312/2-107)
Sec. 2-107. Notary public remittance agent.
(a) 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.
(b) The Secretary of State shall adopt rules describing
the requirements for a notary public remittance agent to be
licensed in the State of Illinois. The standards to qualify
for licensure as a notary public remittance agent shall
include, but not be limited to, the following:
(1) the applicant has not been the subject of any
administrative citation, criminal complaint, or civil
action arising from his or her duties as a notary public
remittance agent;
(2) the agent holds a surety bond in the amount of
$20,000 for the purposes of acting as a remittance agent;
and
(3) the agent complies with all requirements set forth
by the Secretary of State for the submission of the notary
public applications.
(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.
(f) Any violation of this Act, including this Section, may
result in an administrative citation, criminal complaint, or
civil action arising from his or her duties as a notary public
or notary public remittance agent.
(g) (c) The provisions of this Section do not apply to
units of local government or private businesses that are
making applications, and providing application fees for their
employees.
(h) The Secretary of State shall adopt rules applicable to
this Section.
(Source: P.A. 101-366, eff. 1-1-20.)
(5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
Sec. 3-101. Official seal.
(a) Notary public official seal. Each notary public shall,
upon receiving the notary commission from the Secretary of
State county clerk, obtain an official rubber stamp seal with
which the notary shall authenticate his or her official acts.
The rubber stamp seal shall contain the following information:
(1) the words "Official Seal";
(2) the notary's official name;
(3) the words "Notary Public", "State of Illinois",
and "My commission expires ............ (commission
expiration date)"; and
(4) a serrated or milled edge border in a rectangular
form not more than one inch in height by two and one-half
inches in length surrounding the information.
(b) (Blank).
(b-5) Electronic notary public electronic seal and
electronic signature. 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:
(1) the electronic signature of the electronic notary
public;
(2) the electronic seal of the electronic notary
public, which shall look identical to a traditional notary
public seal;
(3) the words "Notary Public", "State of Illinois",
and "My commission expires (commission expiration date)";
and
(4) language explicitly stating that the electronic
notarial act was performed using audio-video
communication, if applicable.
(c) Registered devices. 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.
(d) Electronic signature and seal security.
(1) 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.
(2) 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.
(3) 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.
(e) Certificate of electronic notarial act. 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.
(f) The Secretary of State shall have the authority to
adopt administrative rules to implement this Section.
(Source: P.A. 100-81, eff. 1-1-18.)
(5 ILCS 312/3-101.5 new)
Sec. 3-101.5. Security of electronic signature and seal.
The following requirements apply only to electronic notaries
public.
(a) The electronic signature and electronic seal of an
electronic notary public must be used only for the purposes of
performing electronic notarial acts.
(b) The electronic notary public's electronic signature
and electronic seal are deemed to be reliable if the following
requirements are met:
(1) it is unique to the electronic notary public;
(2) it is capable of independent verification;
(3) it is retained under the electronic notary
public's sole control;
(4) it is attached to or logically associated with the
electronic document in a tamper evident manner. Evidence
of tampering pursuant to this standard may be used to
determine whether the electronic notarial act is valid or
invalid;
(5) the electronic notary public has chosen technology
or a vendor that meets the minimum requirements
established by the Secretary of State and is approved by
the Secretary of State; and
(6) the technology adheres to any other standards or
requirements set by the Secretary of State in
administrative rule.
(c) The electronic notary public shall be prohibited from
selling or transferring personal information learned through
the course of an electronic notarization, except when required
by law, law enforcement, the Secretary of State or court
order.
(d) The Secretary of State shall have the authority to
adopt administrative rules to implement this Section.
(5 ILCS 312/3-103) (from Ch. 102, par. 203-103)
Sec. 3-103. Notice.
(a) Every notary public who is not an attorney or an
accredited immigration representative who advertises the
services of a notary public in a language other than English,
whether by radio, television, signs, pamphlets, newspapers,
electronic communications, or other written communication,
with the exception of a single desk plaque, shall include in
the document, advertisement, stationery, letterhead, business
card, or other comparable written or electronic material the
following: notice in English and the language in which the
written or electronic communication appears. This notice shall
be of a conspicuous size, if in writing or electronic
communication, and shall state: "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 ". If such advertisement is by radio or television,
the statement may be modified but must include substantially
the same message.
A notary public shall not, in any document, advertisement,
stationery, letterhead, business card, electronic
communication, or other comparable written material describing
the role of the notary public, literally translate from
English into another language terms or titles including, but
not limited to, notary public, notary, 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 follow the procedures in this Section shall
result in a fine of $1,500 for each written violation. The
second violation shall result in permanent revocation of the
commission of notary public. Violations shall not preempt or
preclude additional appropriate civil or criminal penalties.
(b) All notaries public required to comply with the
provisions of subsection (a) shall prominently post at their
place of business as recorded with the Secretary of State
pursuant to Section 2-102 of this Act a schedule of fees
established by law which a notary public may charge. The fee
schedule shall be written in English and in the non-English
language in which notary services were solicited and shall
contain the disavowal of legal representation required above
in subsection (a), unless such notice of disavowal is already
prominently posted.
(c) No notary public, agency or any other person who is not
an attorney shall represent, hold themselves out or advertise
that they are experts on immigration matters or provide any
other assistance that requires legal analysis, legal judgment,
or interpretation of the law unless they are a designated
entity as defined pursuant to Section 245a.1 of Part 245a of
the Code of Federal Regulations (8 CFR 245a.1) or an entity
accredited by the Board of Immigration Appeals.
(c-5) In addition to the notice required under subsection
(a), every notary public who is subject to subsection (a)
shall, prior to rendering notary services or electronic notary
services, provide any person seeking notary or electronic
notary services 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". The Office of the Secretary
of State shall translate this acknowledgement into Spanish and
any other language the Secretary of State may deem necessary
to achieve the requirements of this subsection (c-5), and
shall make the translations available on the website of the
Secretary of State. This acknowledgment shall be signed by the
recipient of notary services or electronic notary services
before notary services or electronic notary services are
rendered, and the notary shall retain copies of all signed
acknowledgments throughout their present commission and for 2
years thereafter. Notaries shall provide recipients of notary
services or electronic notary services with a copy of their
signed acknowledgment at the time services are rendered. This
provision shall not apply to notary services or electronic
notary services related to documents prepared or produced in
accordance with the Illinois Election Code.
(d) Any person who aids, abets or otherwise induces
another person to give false information concerning
immigration status shall be guilty of a Class A misdemeanor
for a first offense and a Class 3 felony for a second or
subsequent offense committed within 5 years of a previous
conviction for the same offense.
Any notary public who violates the provisions of this
Section shall be guilty of official misconduct and subject to
fine or imprisonment.
Nothing in this Section shall preclude any consumer of
notary public services from pursuing other civil remedies
available under the law.
(e) No notary public who is not an attorney or an
accredited 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.
(f) Violation of subsection (e) is a business offense
punishable by a fine of 3 times the amount received for
services, or $1,001 minimum, and restitution of the amount
paid to the consumer. Nothing in this Section shall be
construed to preempt nor preclude additional appropriate civil
remedies or criminal charges available under law.
(g) If a notary public or electronic notary public of this
State is convicted of a 2 or more business offense offenses
involving a violation of this Act within a 12-month period
while commissioned, or of 3 or more business offenses
involving a violation of this Act within a 5-year period
regardless of being commissioned, the Secretary shall
automatically revoke the notary public commission or
electronic notary public commission of that person on the date
that the person's most recent business offense conviction is
entered as a final judgment.
(Source: P.A. 100-81, eff. 1-1-18; 101-465, eff. 1-1-20.)
(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
Sec. 3-104. Maximum Fee.
(a) Except as otherwise provided in this subsection (a)
provided in subsection (b) of this Section, the maximum fee
for non-electronic notarization in this State is $5 $1.00 for
any notarial act performed and, until July 1, 2018, up to $25
for any notarial act performed pursuant to Section 3-102.
(b) Fees for a notary public, agency, or any other person
who is not an attorney or an accredited representative filling
out immigration forms shall be limited to the following:
(1) $10 per form completion;
(2) $10 per page for the translation of a non-English
language into English where such translation is required
for immigration forms;
(3) $5 $1 for notarizing;
(4) $3 to execute any procedures necessary to obtain a
document required to complete immigration forms; and
(5) A maximum of $75 for one complete application.
Fees authorized under this subsection shall not include
application fees required to be submitted with immigration
applications.
(b) The maximum fee in this State up to $25 for any
electronic notarial act performed pursuant to this Act. An
electronic notary public may charge a reasonable fee to
recover any cost of providing a copy of an entry or a recording
of an audio-video communication in an electronic journal
maintained pursuant to Section 3-107.
(c) Any person who violates the provisions of this
subsection (a) or (b) shall be guilty of a Class A misdemeanor
for a first offense and a Class 3 felony for a second or
subsequent offense committed within 5 years of a previous
conviction for the same offense.
(d) (c) Upon his own information or upon complaint of any
person, the Attorney General or any State's Attorney, or their
designee, may maintain an action for injunctive relief in the
court against any notary public or any other person who
violates the provisions of subsection (a) or (b) of this
Section. These remedies are in addition to, and not in
substitution for, other available remedies.
If the Attorney General or any State's Attorney fails to
bring an action as provided pursuant to this subsection within
90 days of receipt of a complaint, any person may file a civil
action to enforce the provisions of this subsection and
maintain an action for injunctive relief.
(e) (d) 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.
(Source: P.A. 98-29, eff. 6-21-13.)
(5 ILCS 312/3-105) (from Ch. 102, par. 203-105)
Sec. 3-105. Authority.
(a) A notary public shall have authority to perform
notarial acts, or electronic notarial acts, if the notary
holds an electronic notary public commission, 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.
(b) Except as provided under subsection (c), an electronic
notary public who is physically located in this State may
perform an electronic notarial act using communication
technology in accordance with this Article and any rules
adopted by the Secretary of State for a remotely located
individual who is physically located: (i) in this State; or
(ii) outside of this State, but not outside the United States.
(c) Notwithstanding subsection (b), an electronic notary
public may perform an electronic notarial act for a remotely
located individual outside of the United States if the record
is to be filed with or relates to a matter before a public
official or court, governmental entity, or other entity
subject to the jurisdiction of the United States or involves
property located in the territorial jurisdiction of the United
States or involves a transaction substantially connected with
the United States.
(Source: P.A. 91-818, eff. 6-13-00.)
(5 ILCS 312/3-106) (from Ch. 102, par. 203-106)
Sec. 3-106. Certificate of Authority. Upon the receipt of
a written request, the notarized document, and a fee of $2
payable to the Secretary of State or County Clerk, the Office
of the Secretary of State or County Clerk shall provide a
certificate of authority in substantially the following form:
I ............... (Secretary of State or ......... County
Clerk) of the State of Illinois, which office is an office of
record having a seal, certify that ........ (notary's name),
by whom the foregoing or annexed document was notarized or
electronically notarized, was, on (insert date), appointed and
commissioned a notary public in and for the State of Illinois
and that as such, full faith and credit is and ought to be
given to this notary's official attestations. In testimony
whereof, I have affixed my signature and the seal of this
office on (insert date).
................................................
(Secretary of State or ...... County Clerk).
(Source: P.A. 91-357, eff. 7-29-99.)
(5 ILCS 312/3-107 new)
Sec. 3-107. Journal.
(a) A notary public or an electronic notary public shall
keep a journal of each notarial act or electronic notarial act
which includes, without limitation, the requirements set by
the Secretary of State in administrative rule, but shall not
include any electronic signatures of the person for whom an
electronic notarial act was performed or any witnesses.
(b) The Secretary of State shall adopt administrative
rules that set forth, at a minimum:
(1) the information to be recorded for each
notarization or electronic notarization;
(2) the period during which the notary public or
electronic notary public must maintain the journal; and
(3) the minimum security requirements for protecting
the information in the journal and access to the contents
of the journal.
(c) 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.
(d) 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. A notary public or
electronic notary public shall not surrender the journal to an
employer upon termination of employment and an employer shall
not retain the journal of an employee when the employment of
the notary public or electronic notary public ceases.
(e) 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 312/4-101) (from Ch. 102, par. 204-101)
Sec. 4-101. Changes causing commission to cease to be in
effect.
(a) 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.
(b) 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.
(c) Any notary public or electronic notary public that
fails to comply with this Section shall be prohibited from
obtaining a new commission for a period of not less than 5
years.
(Source: P.A. 100-809, eff. 1-1-19.)
(5 ILCS 312/5-101) (from Ch. 102, par. 205-101)
Sec. 5-101. Reappointment. No person is automatically
reappointed as a notary public or electronic notary public. At
least 60 days prior to the expiration of a commission, the
Secretary of State shall mail notice of the expiration date to
the holder of a commission. Every notary public or electronic
notary public who is an applicant for reappointment shall
comply with the provisions of Article II of this Act.
(Source: P.A. 84-322.)
(5 ILCS 312/5-102) (from Ch. 102, par. 205-102)
Sec. 5-102. Solicitation to Purchase Bond. No person shall
solicit any notary public and offer to provide a surety bond
more than 60 days in advance of the expiration date of the
notary public's commission of a notary public or electronic
notary public.
Nor shall any person solicit any applicant for a
commission or reappointment thereof and offer to provide a
surety bond for the notary commission unless any such
solicitation specifically sets forth in bold face type not
less than 1/4 inch in height the following: "WE ARE NOT
ASSOCIATED WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY".
Whenever it shall appear to the Secretary of State that
any person is engaged or is about to engage in any acts or
practices which constitute or will constitute a violation of
the provisions of this Section, the Secretary of State may, in
his discretion, through the Attorney General, apply for an
injunction, and, upon a proper showing, any circuit court
shall have power to issue a permanent or temporary injunction
or restraining order without bond to enforce the provisions of
this Act, and either party to such suit shall have the right to
prosecute an appeal from the order or judgment of the court.
Any person, association, corporation, or others who
violate the provisions of this Section shall be guilty of a
business offense and punishable by a fine of not less than $500
for each offense.
(Source: P.A. 84-322.)
(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
Sec. 6-102. Notarial Acts.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(Source: P.A. 97-397, eff. 1-1-12; 98-29, eff. 6-21-13.)
(5 ILCS 312/6-102.5 new)
Sec. 6-102.5. Remote notarial acts.
(a) 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.
(b) A remote notarial action must be performed in
accordance with the following 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.
(c) Application of the notary's seal and signature:
(1) 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.
(2) 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.
(3) 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.
(d) The Secretary of State shall adopt administrative
rules to implement this Section.
(5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
Sec. 6-104. Acts prohibited.
(a) A notary public shall not use any name or initial in
signing certificates other than that by which the notary was
commissioned.
(b) A notary public shall not acknowledge any instrument
in which the notary's name appears as a party to the
transaction.
(c) A notary public shall not affix his signature to a
blank form of affidavit or certificate of acknowledgment.
(d) 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.
(e) A notary public shall not take the acknowledgment of
any person who is blind until the notary has read the
instrument to such person.
(f) 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.
(g) A notary public shall not change anything in a written
instrument after it has been signed by anyone.
(h) 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.
(i) 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.
(j) A notary public shall not perform any notarial act
when his or her commission is suspended or revoked, nor shall
he or she fail to comply with any term of suspension which may
be imposed for violation of this Section.
(k) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) The Secretary of State may suspend the commission of a
notary or electronic notary who fails to produce any journal
entry within 10 days after receipt of a request from the
Secretary of State.
(q) 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.
(Source: P.A. 100-81, eff. 1-1-18; 100-809, eff. 1-1-19.)
(5 ILCS 312/Art. VI-A heading new)
ARTICLE VI-A
ELECTRONIC NOTARIAL ACTS AND FORMS

(5 ILCS 312/6A-101 new)
Sec. 6A-101. Requirements for systems and providers of
electronic notarial technology.
(a) An electronic notarization system shall comply with
this Act and any rules adopted by the Secretary of State.
(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.
(e) The Secretary of State shall adopt administrative
rules that set forth the requirements a provider of electronic
notarization technology must meet in order to be approved for
use in the State of Illinois. At a minimum, those
administrative rules shall establish:
(1) minimum standards ensuring a secure means of
authentication to be employed to protect the integrity of
the electronic notary's electronic seal and electronic
signature;
(2) minimum standards ensuring that documents
electronically notarized be tamper-evident and protected
from unauthorized use; and
(3) requirements for competent operation of the
electronic platform.
(5 ILCS 312/6A-102 new)
Sec. 6A-102. 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-103 new)
Sec. 6A-103. Electronic notarial acts.
(a) An electronic notary public:
(1) is a notary public for purposes of this Act and is
subject to all provisions of this Act;
(2) may perform notarial acts as provided by this Act
in addition to performing electronic notarizations; and
(3) may perform an electronic notarization authorized
under this Article.
(b) In performing an electronic notarization, an
electronic notary public shall verify the identity of a person
creating an electronic signature at the time that the
signature is taken by using two-way audio and video conference
technology that meets the requirements of this Act and rules
adopted under this Article. For the purposes of performing an
electronic notarial act for a person using audio-video
communication, an electronic notary public has satisfactory or
documentary evidence of the identity of the person if the
electronic notary public confirms the identity of the person
by:
(1) the electronic notary public's personal knowledge
of the person creating the electronic signature; or
(2) each of the following:
(A) remote electronic presentation by the person
creating the electronic signature of a
government-issued identification credential,
including a passport or driver's license, that
contains the signature and a photograph of the person;
(B) credential analysis of the front and back of
the government-issued identification credential and
the data thereon; and
(C) a dynamic knowledge-based authentication
assessment.
(c) An electronic notary public may perform any of the
acts set forth in Section 6-102 using audio-video
communication in accordance with this Section and any rules
adopted by the Secretary of State.
(d) 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.
(e) The validity of the electronic notarial act will be
determined by applying the laws of the State of Illinois.
(f) The electronic notarial certificate for an electronic
notarization must include a notation that the notarization is
an electronic notarization.
(g) When performing an electronic notarization, an
electronic notary public shall complete an electronic notarial
certificate and attach or logically associate the electronic
notary's electronic signature and seal to that certificate in
a tamper evident manner. Evidence of tampering pursuant to
this standard may be used to determine whether the electronic
notarial act is valid or invalid.
(h) 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 Section 7-108.
(i) 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-104 new)
Sec. 6A-104. Requirements for audio-video communication.
(a) An electronic notary public shall arrange for a
recording to be made of each electronic notarial act performed
using audio-video communication. The audio-video recording
required by this Section shall be in addition to the journal
entry for the electronic notarial act required by Section
3-107. 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.
(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.
(d) 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.
(e) An electronic notary public who performs an electronic
notarial act for a principal by means of audio-video
communication shall be located within the State of Illinois at
the time the electronic notarial act is performed. 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.
(f) An electronic notary public who performs an electronic
notarial act for a principal by means of audio-video
communication shall:
(1) be located within this State at the time the
electronic notarial act is performed;
(2) execute the electronic notarial act in a single
recorded session that complies with Section 6A-103;
(3) 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;
(4) 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; and
(5) identify the venue for the electronic notarial act
as the jurisdiction within Illinois where the notary is
physically located while performing the act.
(g) An electronic notarization system used to perform
electronic notarial acts by means of audio-video communication
shall conform to the requirements set forth in this Act and by
administrative rules adopted by the Secretary of State.
(h) 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 required by this
Section.
(i) The Secretary of State shall adopt administrative
rules to implement this Section.
(5 ILCS 312/6A-105 new)
Sec. 6A-105. Electronic certificate of notarial acts.
(a) 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.
(b) 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.
(c) 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-106 new)
Sec. 6A-106. Electronic acknowledgments; physical
presence.
(a) For purposes of this Act, a person may appear before
the person taking the acknowledgment by:
(1) being in the same physical location as the other
person and close enough to see, hear, communicate with,
and exchange tangible identification credentials with that
person; or
(2) being outside the physical presence of the other
person, but interacting with the other person by means of
communication technology.
(b) If the acknowledging person is outside the physical
presence of the person taking the acknowledgment, the
certification of acknowledgment must indicate that the
notarial act was performed by means of communication
technology. A form of certificate of acknowledgment as
provided by the Secretary of State, which may include the use
of a remote online notarial certificate, is sufficient for
purposes of this subsection (b) if it substantially reads as
follows: "The foregoing instrument was acknowledged before me
by means of communication technology this (date) by … (each
form continued as sufficient for its respective purposes.)".
(5 ILCS 312/7-106) (from Ch. 102, par. 207-106)
Sec. 7-106. Willful Impersonation.
(a) Any person who acts as, or otherwise willfully
impersonates, a notary public while not lawfully appointed and
commissioned to perform notarial acts is guilty of a Class A
misdemeanor.
(b) Any notary public or other person who is not an
electronic notary public that impersonates an electronic
notary public to perform electronic notarial acts is guilty of
a Class A misdemeanor.
(Source: P.A. 84-322.)
(5 ILCS 312/7-107) (from Ch. 102, par. 207-107)
Sec. 7-107. Wrongful Possession.
(a) No person may unlawfully possess, obtain, conceal,
damage, or destroy a notary's official seal. 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.
(b) No person may unlawfully possess, conceal, damage, or
destroy the certificate, disk, coding, card, program,
software, or hardware enabling an electronic notary public to
affix an official electronic signature or seal.
(c) Any person who violates this Section shall be guilty
of a misdemeanor and punishable upon conviction by a fine not
exceeding $1,000.
(Source: P.A. 84-322.)
(5 ILCS 312/7-108) (from Ch. 102, par. 207-108)
Sec. 7-108. Reprimand, suspension, and revocation of
commission.
(a) The Secretary of State may revoke the commission of
any notary public who, during the current term of appointment:
(1) submits an application for commission and
appointment as a notary public which contains substantial
and material misstatement or omission of fact; or
(2) is convicted of any felony, misdemeanors,
including those defined in Part C, Articles 16, 17, 18,
19, and 21, and Part E, Articles 31, 32, and 33 of the
Criminal Code of 2012, or official misconduct under this
Act; or .
(3) is a licensed attorney and has been sanctioned,
suspended, or disbarred by the Illinois Attorney
Registration and Disciplinary Commission or the Illinois
Supreme Court.
(b) Whenever the Secretary of State believes that a
violation of this Article has occurred, he or she may
investigate any such violation. The Secretary may also
investigate possible violations of this Article upon a signed
written complaint on a form designated by the Secretary.
(c) A notary's failure to cooperate or respond to an
investigation by the Secretary of State is a failure by the
notary to fully and faithfully discharge the responsibilities
and duties of a notary and shall result in suspension or
revocation of the notary's commission or the electronic
notary's commission.
(d) All written complaints which on their face appear to
establish facts which, if proven true, would constitute an act
of misrepresentation or fraud in notarization or electronic
notarization, or misrepresentation or fraud on the part of the
notary, may shall be investigated by the Secretary of State to
determine whether cause exists to reprimand, suspend, or
revoke the commission of the notary.
(e) The Secretary of State may deliver a written official
warning and reprimand to a notary, or may revoke or suspend a
notary's commission or an electronic notary's commission, for
any of the following:
(1) a notary's official misconduct, as defined under
Section 7-104;
(2) any ground for which an application for
appointment as a notary may be denied for failure to
complete application requirements as provided under
Section 2-102;
(3) any prohibited act provided under Section 6-104;
or
(4) a violation of any provision of the general
statutes.
(f) After investigation and upon a determination by the
Secretary of State that one or more prohibited acts have been
performed in the notarization or electronic notarization of a
document, the Secretary shall, after considering the extent of
the prohibited act and the degree of culpability of the
notary, order one or more of the following courses of action:
(1) issue a letter of warning to the notary, including
the Secretary's findings;
(2) order suspension of the commission of the notary
or electronic commission of the notary for a period of
time designated by the Secretary;
(3) order revocation of the commission of the notary
or electronic commission of the notary;
(4) refer the allegations to the appropriate State's
Attorney's Office or the Attorney General for criminal
investigation; or
(5) refer the allegations to the Illinois Attorney
Registration and Disciplinary Commission for disciplinary
proceedings.
(g) After a notary receives notice from the Secretary of
State that his or her commission has been revoked, that notary
shall immediately deliver his or her official seal to the
Secretary. After an electronic notary public receives notice
from the Secretary of State that his or her electronic
commission has been revoked, the electronic notary public
shall immediately notify the electronic notary's chosen
technology provider, and to the extent possible, destroy or
remove the software used for electronic notarizations.
(h) A notary whose appointment has been revoked due to a
violation of this Act shall not be eligible for a new
commission as a notary public in this State for a period of at
least 5 years from the date of the final revocation.
(i) A notary may voluntarily resign from appointment by
notifying the Secretary of State in writing of his or her
intention to do so, and by physically returning his or her
stamp to the Secretary. An electronic notary public may
voluntarily resign from appointment by notifying the Secretary
of State in writing of his or her intention to do so, and by
notifying the electronic notary's chosen technology provider,
and to the extent possible, destroy or remove the software
used for electronic notarizations. A voluntary resignation
shall not stop or preclude any investigation into a notary's
conduct, or prevent further suspension or revocation by the
Secretary, who may pursue any such investigation to a
conclusion and issue any finding.
(j) Upon a determination by a sworn law enforcement
officer that the allegations raised by the complaint are
founded, and the notary has received notice of suspension or
revocation from the Secretary of State, the notary is entitled
to an administrative hearing.
(k) The Secretary of State shall adopt administrative
hearing rules applicable to this Section that are consistent
with the Illinois Administrative Procedure Act.
(l) Any revocation, resignation, expiration, or suspension
of the commission of a notary public terminates or suspends
any commission to notarize electronically.
(m) A notary public may terminate registration to notarize
electronically and maintain his or her underlying notary
public commission upon directing a written notification of the
change to the Secretary of State within 30 days.
(Source: P.A. 100-809, eff. 1-1-19; 101-81, eff. 7-12-19.)
(5 ILCS 312/7-110 new)
Sec. 7-110. Applicable law; conflict of law.
(a) The validity of any notarization, including an
electronic notarization, shall be determined by applying the
laws of this State, regardless of the physical location of the
principal at the time of a remote notarization.
(b) An electronic notary public authorized to perform
electronic notarizations is subject to and must comply with
this Act.
(c) If a conflict between a provision of this Section and
another law of this State, this Section controls.
(5 ILCS 312/2-106 rep.)
Section 10. The Illinois Notary Public Act is amended by
repealing Section 2-106.
Section 15. The State Finance Act is amended by adding
Section 5.938 as follows:
(30 ILCS 105/5.938 new)
Sec. 5.938. The Electronic Notarization Fund.
Section 20. The Counties Code is amended by changing
Section 4-4001 as follows:
(55 ILCS 5/4-4001) (from Ch. 34, par. 4-4001)
Sec. 4-4001. County clerks; counties of first and second
class. The fees of the county clerk in counties of the first
and second class, except when increased by county ordinance
pursuant to the provisions of this Section, shall be:
For each official copy of any process, file, record or
other instrument of and pertaining to his office, 50¢ for
each 100 words, and $1 additional for certifying and
sealing the same.
For filing any paper not herein otherwise provided
for, $1, except that no fee shall be charged for filing a
Statement of economic interest pursuant to the Illinois
Governmental Ethics Act or reports made pursuant to
Article 9 of the Election Code.
For issuance of fireworks permits, $2.
For issuance of liquor licenses, $5.
For filing and recording of the appointment and oath
of each public official, $3.
For officially certifying and sealing each copy of any
process, file, record or other instrument of and
pertaining to his office, $1.
For swearing any person to an affidavit, $1.
For issuing each license in all matters except where
the fee for the issuance thereof is otherwise fixed, $4.
For issuing each civil union or marriage license, the
certificate thereof, and for recording the same, including
the recording of the parent's or guardian's consent where
indicated, a fee to be determined by the county board of
the county, not to exceed $75, which shall be the same,
whether for a civil union or marriage license. $5 from all
civil union and marriage license fees shall be remitted by
the clerk to the State Treasurer for deposit into the
Domestic Violence Fund.
For taking and certifying acknowledgments to any
instrument, except where herein otherwise provided for,
$1.
For issuing each certificate of appointment or
commission, the fee for which is not otherwise fixed by
law, $1.
For cancelling tax sale and issuing and sealing
certificates of redemption, $3.
For issuing order to county treasurer for redemption
of forfeited tax, $2.
For trying and sealing weights and measures by county
standard, together with all actual expenses in connection
therewith, $1.
For services in case of estrays, $2.
The following fees shall be allowed for services
attending the sale of land for taxes, and shall be charged
as costs against the delinquent property and be collected
with the taxes thereon:
For services in attending the tax sale and issuing
certificate of sale and sealing the same, for each tract
or town lot sold, $4.
For making list of delinquent lands and town lots
sold, to be filed with the Comptroller, for each tract or
town lot sold, 10¢.
The county board of any county of the first or second class
may by ordinance authorize the county clerk to impose an
additional $2 charge for certified copies of vital records as
defined in Section 1 of the Vital Records Act, for the purpose
of developing, maintaining, and improving technology in the
office of the County Clerk.
The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency,
department or other instrumentality of the State. The county
board may, however, by ordinance, increase the fees allowed by
this Section and also the notary public recordation fees
allowed by Section 2-106 of the Illinois Notary Public Act and
the indexing and filing of assumed name certificate fees
allowed by Section 3 of the Assumed Business Name Act and
collect such increased fees from all persons and entities
other than officers, agencies, departments and other
instrumentalities of the State if the increase is justified by
an acceptable cost study showing that the fees allowed by
these Sections are not sufficient to cover the cost of
providing the service.
A Statement of the costs of providing each service,
program and activity shall be prepared by the county board.
All supporting documents shall be public record and subject to
public examination and audit. All direct and indirect costs,
as defined in the United States Office of Management and
Budget Circular A-87, may be included in the determination of
the costs of each service, program and activity.
The county clerk in all cases may demand and receive the
payment of all fees for services in advance so far as the same
can be ascertained.
The county board of any county of the first or second class
may by ordinance authorize the county treasurer to establish a
special fund for deposit of the additional charge. Moneys in
the special fund shall be used solely to provide the
equipment, material and necessary expenses incurred to help
defray the cost of implementing and maintaining such document
storage system.
(Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11;
97-986, eff. 8-17-12.)
Section 25. The Uniform Real Property Electronic Recording
Act is amended by changing Section 2 and by adding Section 3.5
as follows:
(765 ILCS 33/2)
Sec. 2. Definitions. In this Act:
(1) "Document" means information that is:
(A) inscribed on a tangible medium or that is
stored in an electronic or other medium and is
retrievable in perceivable form; and
(B) eligible to be recorded in the land records
maintained by the county recorder.
(2) "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
(3) "Electronic document" means a document created,
generated, sent, communicated, received, or stored by
electronic means that is received by the recorder in an
electronic form.
(4) "Electronic signature" means an electronic sound,
symbol, or process attached to or logically associated
with a document and executed or adopted by a person with
the intent to sign the document.
(5) "Person" means an individual, corporation,
business trust, estate, trust, partnership, limited
liability company, association, joint venture, public
corporation, government, or governmental subdivision,
agency, or instrumentality, or any other legal or
commercial entity.
(6) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States
Virgin Islands, or any territory or insular possession
subject to the jurisdiction of the United States.
(7) "Secretary" means the Secretary of State.
(8) "Commission" means the Illinois Electronic
Recording Commission.
Any notifications required by this Act must be made in
writing and may be communicated by certified mail, return
receipt requested or electronic mail so long as receipt is
verified.
(Source: P.A. 95-472, eff. 8-27-07.)
(765 ILCS 33/3.5 new)
Sec. 3.5. Electronic documents certified by notary public.
(a) A paper or tangible copy of an electronic document
that a notary public has certified to be a true and correct
copy under 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.
(b) 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).
(c) A county recorder shall accept for recording a paper
or tangible copy of a document that has been certified by a
notary public to be a true and correct copy of an electronic
document under subsection (b) as evidenced by a notarial
certificate.
(d) A notarial certificate in substantially the following
form is sufficient for the purposes of this Section:
"State of....................................................
County of....................................................
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)"
(f) If a notarial certificate is attached to or made a part
of a paper or tangible document, the certificate is prima
facie evidence that the requirements of subsection (c) have
been satisfied with respect to the document.
(g) A paper or tangible copy of a deed, mortgage, or other
document shall be deemed, from the time of being filed for
record, as notice to subsequent purchasers and creditors,
though it may not be certified in accordance with the
provisions of this Section.
(h) 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.
Section 99. Effective date. This Act takes effect on the
later of: (1) January 1, 2022; or (2) the date on which the
Office of the Secretary of State files with the Index
Department of the Office of the Secretary of State a notice
that the Office of the Secretary of State has adopted the rules
necessary to implement this Act, and upon the filing of the
notice, the Index Department shall provide a copy of the
notice to the Legislative Reference Bureau; except that, the
changes to Sections 1-106, 2-103, and 2-106 of the Illinois
Notary Public Act take effect July 1, 2022.