Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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GENERAL PROVISIONS
(5 ILCS 312/) Illinois Notary Public Act.
5 ILCS 312/1-106 (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) the applicant's official name, as it appears on |
| his or her current driver's license or state-issued identification card;
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(2) the county in which the applicant resides or, if
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| 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;
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(3) the applicant's residence address, as it appears
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| on his or her current driver's license or state-issued identification card;
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(4) the applicant's e-mail address;
(5) the applicant's business address if different
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| than the applicant's residence address, if performing notarial acts constitutes any portion of the applicant's job duties;
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(6) that the applicant has resided in the State of
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| 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;
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(7) that the applicant is a citizen of the United
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| States or lawfully admitted for permanent residence in the United States;
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(8) the applicant's date of birth;
(9) that the applicant is proficient in the English
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(10) that the applicant has not had a prior
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| application or commission revoked due to a finding or decision by the Secretary of State;
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(11) that the applicant has not been convicted of a
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(12) that the applicant's signature authorizes the
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| 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;
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(13) that the applicant has provided satisfactory
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| proof to the Secretary of State that the applicant has successfully completed any required course of study on notarization; and
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(14) any other information the Secretary of State
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(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
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| application for appointment as an electronic notary public, as provided under subsection (a);
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(2) that the applicant is commissioned as a notary
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(3) the applicant's email address;
(4) that the applicant has provided satisfactory
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| 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;
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(5) a description of the technology or device that
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| the applicant intends to use to create his or her electronic signature in performing electronic notarial acts;
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(6) the electronic signature of the applicant; and
(7) any other information the Secretary of State
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(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. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160); 102-1030, eff. 5-27-22.)
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(5 ILCS 312/2-102.5) Sec. 2-102.5. Online 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 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 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;
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(2) the date of issuance of the Illinois driver's
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| license or Illinois Identification Card; and
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(3) the applicant's e-mail address for notices to be
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| provided under this Section.
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(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 application: "By clicking on the box below, I swear or affirm all of the following:
(1) I am the person whose name and identifying
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| information is provided on this form, and I desire to be appointed and commissioned as a notary public in the State of Illinois.
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(2) All the information I have provided on this form
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| is true and correct as of the date I am submitting this form.
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(3) I authorize the Secretary of State to utilize my
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| 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 application for appointment and commission as a notary public or electronic notary as if I had signed this form personally.
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(4) I authorize the Secretary of State to utilize my
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| signature to conduct a verification to confirm the information provided in the application, including a criminal background check, if necessary."
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(f) Immediately upon receiving a completed online 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 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
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| 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;
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(2) that the date of issuance of the Illinois
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| 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;
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(3) that the date of birth provided by the applicant
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| matches the date of birth for that person on file with the Secretary of State;
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(4) that the residence address provided by the
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| applicant matches the residence address for that person on file with the Secretary of State; and
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(5) the last 4 digits of the applicant's social
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(g) If the information provided by the applicant matches all of the criteria identified in subsection (f) of this Section, the online 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 application.
(Source: P.A. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).)
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