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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.

GENERAL PROVISIONS
(5 ILCS 312/) Illinois Notary Public Act.

5 ILCS 312/5-101

    (5 ILCS 312/5-101) (from Ch. 102, par. 205-101)
    Sec. 5-101. Reappointment. No person is automatically reappointed as a 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 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

    (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.
    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/Art. VI

 
    (5 ILCS 312/Art. VI heading)
ARTICLE VI
NOTARIAL ACTS AND FORMS

5 ILCS 312/6-101

    (5 ILCS 312/6-101) (from Ch. 102, par. 206-101)
    Sec. 6-101. Definitions.
    (a) "Notarial act" means any act that a notary public of this State is authorized to perform and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature.
    (b) "Acknowledgment" means a declaration by a person that the person has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.
    (c) "Verification upon oath or affirmation" means a declaration that a statement is true made by a person upon oath or affirmation.
    (d) "In a representative capacity" means:
        (1) for and on behalf of a corporation, partnership,
    
trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;
        (2) as a public officer, personal representative,
    
guardian, or other representative, in the capacity recited in the instrument;
        (3) as an attorney in fact for a principal; or
        (4) in any other capacity as an authorized
    
representative of another.
(Source: P.A. 84-322.)

5 ILCS 312/6-102

    (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.
(Source: P.A. 97-397, eff. 1-1-12; 98-29, eff. 6-21-13.)

5 ILCS 312/6-103

    (5 ILCS 312/6-103) (from Ch. 102, par. 206-103)
    (Text of Section before amendment by P.A. 100-81)
    Sec. 6-103. Certificate of notarial acts.
    (a) A notarial act must be evidenced by a certificate signed and dated by the notary public. The certificate must include identification of the jurisdiction in which the notarial act is performed and the official seal of office.
    (b) A certificate of a notarial act is sufficient if it meets the requirements of subsection (a) and it:
        (1) is in the short form set forth in Section 6-105;
        (2) is in a form otherwise prescribed by the law of
    
this State; or
        (3) sets forth the actions of the notary public and
    
those are sufficient to meet the requirements of the designated notarial act.
(Source: P.A. 84-322.)
 
    (Text of Section after amendment by P.A. 100-81)
    Sec. 6-103. Certificate of notarial acts.
    (a) A notarial act must be evidenced by a certificate signed and dated by the notary public. The certificate must include identification of the jurisdiction in which the notarial act is performed and the official seal of office.
    (b) A certificate of a notarial act is sufficient if it meets the requirements of subsection (a) and it:
        (1) is in the short form set forth in Section 6-105;
        (2) is in a form otherwise prescribed by the law of
    
this State; or
        (3) sets forth the actions of the notary public and
    
those are sufficient to meet the requirements of the designated notarial act.
    (c) At the time of a notarial act, a notary public shall officially sign every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. The illegibility of any of the information required under this Section does not affect the validity of a transaction.
(Source: P.A. 100-81, eff. 1-1-18.)