Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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GENERAL PROVISIONS5 ILCS 312/5-101
(5 ILCS 312/) Illinois Notary Public Act.
(5 ILCS 312/5-101)
(from Ch. 102, par. 205-101)
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)
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
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)
NOTARIAL ACTS AND FORMS
5 ILCS 312/6-101
(5 ILCS 312/6-101)
(from Ch. 102, par. 206-101)
(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)
(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)
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
(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