5 ILCS 312/ Illinois Notary Public Act.

(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. 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. 102-160, eff. 7-1-22.)

(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 application system shall have the same force and effect as an oath sworn and affirmed in person.

(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).)

(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. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).)

(5 ILCS 312/2-106) (from Ch. 102, par. 202-106)

Sec. 2-106. (Repealed).

(Source: P.A. 100-201, eff. 8-18-17. Repealed by P.A. 102-160, eff. 7-1-22.)

(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.

(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) The provisions of this Section do not apply to units of 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. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).)

(5 ILCS 312/Art. III heading) ARTICLE III DUTIES - FEES - AUTHORITY

(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, 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. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).)