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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PROPERTY
(765 ILCS 30/) Uniform Recognition of Acknowledgments Act. 765 ILCS 30/1
(765 ILCS 30/1) (from Ch. 30, par. 221)
Sec. 1.
Short
title.
This Act may be cited as the Uniform Recognition of Acknowledgments Act.
(Source: P.A. 76-1105.)
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765 ILCS 30/2
(765 ILCS 30/2) (from Ch. 30, par. 222)
Sec. 2.
Recognition
of notarial acts performed outside this State.
For the purposes of this Act, "notarial acts" means acts which the laws
and regulations of this State authorize notaries public of this State to
perform, including the administering of oaths and affirmations, taking
proof of execution and acknowledgments of instruments, and attesting
documents. 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.
(Source: P.A. 76-1105.)
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765 ILCS 30/3
(765 ILCS 30/3) (from Ch. 30, par. 223)
Sec. 3.
Authentication of authority of officer.
(a) If the notarial act is performed by any of the persons described
in paragraphs 1 to 4, inclusive of Section 2, other than a person
authorized to perform notarial acts by the laws or regulations of a foreign
country, the signature, rank, or title and serial number, if any, of the
person are sufficient proof of the authority of a holder of that rank or
title to perform the act. Further proof of his authority is not required.
(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;
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(2) the official seal of the person performing the
| | notarial act is affixed to the document; or
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(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.
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(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.
(Source: P.A. 76-1105.)
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765 ILCS 30/4
(765 ILCS 30/4) (from Ch. 30, par. 224)
Sec. 4.
Certificate of person taking acknowledgment.
The person taking an
acknowledgment shall certify that:
(1) the person acknowledging appeared before him and | | acknowledged he executed the instrument; and
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(2) the person acknowledging was known to the person
| | taking the acknowledgment or that the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument.
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(Source: P.A. 91-357, eff. 7-29-99.)
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765 ILCS 30/5
(765 ILCS 30/5) (from Ch. 30, par. 225)
Sec. 5.
Recognition of certificate of acknowledgment.
The form of a certificate of acknowledgment used by a
person whose authority is recognized under Section 2 shall be accepted in this
State if:
(1) the certificate is in a form prescribed by the | | laws or regulations of this State;
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(2) the certificate is in a form prescribed by the
| | laws or regulations applicable in the place in which the acknowledgment is taken; or
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(3) the certificate contains the words "acknowledged
| | before me" or their substantial equivalent.
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(Source: P.A. 91-357, eff. 7-29-99.)
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765 ILCS 30/6
(765 ILCS 30/6) (from Ch. 30, par. 226)
Sec. 6. Certificate
of acknowledgment. The words "acknowledged before me" means
(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,
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(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;
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(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;
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(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;
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(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;
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(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
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(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.
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(Source: P.A. 102-500, eff. 1-1-22.)
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765 ILCS 30/7
(765 ILCS 30/7) (from Ch. 30, par. 227)
Sec. 7.
Short forms of acknowledgment.
(a) The forms of acknowledgment set forth in this Section may be used
and
are sufficient for their respective purposes under any law of this
State, whether executed in this State or any other State. The forms
shall be known as "Statutory Short Forms of
Acknowledgment" and may be referred to by that name. The authorization
of the forms in this Section does not preclude the use of other forms.
(1) For an individual acting in his own right:
State of .... County of ....
The foregoing instrument was acknowledged before me this (date) by
(name of person acknowledged.)
(Signature of person taking acknowledgment) (Title or rank) (Serial number, if any) (2) For a corporation: State of .... County of ....
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 of person taking acknowledgment) (Title or rank) (Serial number, if any) (3) For a partnership: State of .... County of ....
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 of person taking acknowledgment) (Title or rank) (Serial number, if any)
(4) For an individual acting as principal by an attorney in fact:
State of .... County of ....
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 of person taking acknowledgment) (Title or rank) (Serial number, if any)
(5) By any public officer, trustee, or personal representative:
State of .... County of ....
The foregoing instrument was acknowledged before me this (date) by
(name and title of position).
(Signature of person taking acknowledgment) (Title or rank) (Serial number, if any)
(b) This amendatory Act of 1981 (P.A. 82-450) is to clarify that any
uses of the short
form of acknowledgment as herein provided within the State of Illinois prior
to the effective date of this amendatory Act have been valid.
(Source: P.A. 90-655, eff. 7-30-98.)
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765 ILCS 30/8
(765 ILCS 30/8) (from Ch. 30, par. 228)
Sec. 8.
Acknowledgments not affected by this Act.
A notarial act performed prior to the effective date of this Act is not
affected by this Act. This Act provides an additional method of proving
notarial acts. Nothing in this Act diminishes or invalidates the
recognition accorded to notarial acts by other laws or regulations of this
State.
(Source: P.A. 76-1105.)
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765 ILCS 30/9
(765 ILCS 30/9) (from Ch. 30, par. 229)
Sec. 9.
Uniformity
of interpretation.
This Act shall be so interpreted as to make uniform the laws of those
states which enact it.
(Source: P.A. 76-1105.)
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765 ILCS 30/10
(765 ILCS 30/10) (from Ch. 30, par. 230)
Sec. 10.
Time of taking effect.
This Act shall take effect
on January 1, 1970.
(Source: P.A. 76-1105.)
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