Illinois General Assembly - Full Text of SB2664
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Full Text of SB2664  102nd General Assembly

SB2664enr 102ND GENERAL ASSEMBLY



 


 
SB2664 EnrolledLRB102 15608 RJF 20971 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Notary Public Act is amended by
5changing Sections 1-104, 2-101, 2-102, 2-102.5, 2-103, 2-104,
62-105, 2-107, 3-101, 3-103, 3-104, 3-105, 3-106, 4-101, 5-101,
75-102, 6-102, 6-104, and Sections 7-106, 7-107, and 7-108 and
8by adding Sections 1-106, 2-101.5, 2-102.6, 2-102.7, 3-101.5,
9and 3-107, 6-102.5, and the heading of Article VI-A and
10Sections 6A-101, 6A-102, 6A-103, 6A-104, 6A-105, 6A-106, and
117-110 as follows:
 
12    (5 ILCS 312/1-104)  (from Ch. 102, par. 201-104)
13    Sec. 1-104. Definitions. As used in this Act: Notary
14Public and Notarization Defined.
15    "Accredited immigration representative" means a not for
16profit organization recognized by the Board of Immigration
17Appeals under 8 C.F.R. 292.29(a) and employees of those
18organizations accredited under 8 C.F.R. 292.29(d).
19    "Acknowledgment" means a declaration by an individual
20before a notarial officer that the individual has signed a
21record for the purpose stated in the record and, if the record
22is signed in a representative capacity, that the individual
23signed the record with proper authority and signed it as the

 

 

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1act of the individual or entity identified in the record.
2    "Audio-video communication" means communication by which a
3person is able to see, hear, and communicate with another
4person in real time using electronic means.
5    "Communication technology" means an electronic device or
6process that allows a notary public and a remotely located
7individual to communicate with each other simultaneously by
8audio-video communication.
9    "Credential" means a tangible record evidencing the
10identity of a person, including a valid and unexpired
11identification card or other document issued by the federal
12government or any state government that contains the
13photograph and signature of the principal.
14    "Digital certificate" means a computer-based record or
15electronic file to a notary public or applicant for commission
16as an electronic notary public for the purpose of creating an
17official electronic signature. The digital certificate shall
18be kept in the exclusive control of the electronic notary
19public.
20    "Dynamic knowledge based authentication assessment" means
21an identity assessment that is based on a set of questions
22formulated from public or private data sources for which the
23person taking the assessment has not previously provided an
24answer that meets any rules adopted by the Secretary of State.
25    "Electronic" means of or relating to technology having
26electrical, digital, magnetic, wireless, optical,

 

 

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1electromagnetic, or similar capabilities.
2    "Electronic document" means information that is created,
3generated, sent, communicated, received, or stored by
4electronic means.
5    "Electronic notarial act" means an act that an electronic
6notary public of this State is authorized to perform. The term
7includes:
8        (1) taking an acknowledgment;
9        (2) administering an oath or affirmation;
10        (3) executing a jurat;
11        (4) certifying a true and correct copy; and
12        (5) performing such other duties as may be prescribed
13    by a specific statute.
14    "Electronic notarial certificate" means the portion of a
15notarized electronic document that is completed by an online
16notary public and contains the following:
17        (1) the electronic notary public's electronic
18    signature, electronic seal, title, and commission
19    expiration date;
20        (2) other required information concerning the date and
21    placement of the electronic notarization; and
22        (3) the facts attested to or certified by the
23    electronic notary public in the particular notarization.
24    "Electronic notarial certificate" includes the form of an
25acknowledgment, jurat, verification on oath or affirmation, or
26verification of witness or attestation that is completed

 

 

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1remotely by an electronic notary public and:
2        (1)contains the electronic notary's electronic
3    signature, electronic seal, title and commission, and
4    expiration date;
5        (2)contains other required information concerning the
6    date and place of the electronic notarization;
7        (3)otherwise conforms to the requirements for an
8    acknowledgment, jurat, verification on oath or
9    affirmation, or verification of witness or attestation
10    under the laws of this State; and
11        (4)indicates that the person making the
12    acknowledgment, oath, or affirmation appeared.
13    "Electronic notarization system" means a set of
14applications, programs, hardware, software, or technology to
15enable an electronic notary to perform electronic notarial
16acts through audio-video communication.
17    "Electronic notary public" means a person commissioned by
18the Secretary of State to perform electronic notarial acts.
19    "Electronic presentation" means the transmission of a
20quality image of a government-issued identification credential
21to an electronic notary public through communication
22technology for the purpose of enabling the electronic notary
23public to identify the person appearing before the electronic
24notary public and to perform a credential analysis.
25    "Electronic record" means a record created, generated,
26sent, communicated, received, or stored by electronic means.

 

 

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1    "Electronic seal" means information within a notarized
2electronic document that includes the names, commission
3number, jurisdiction, and expiration date of the commission of
4an electronic notary public and generally includes the
5information required to be set forth in a mechanical stamp
6under subsection (b-5) of Section 3-101.
7    "Electronic signature" means the official signature of the
8commissioned notary that is on file with the Secretary of
9State and has been reduced to an electronic format that may be
10attached to or logically associated with a record and executed
11or adopted by an individual with the intent to sign the record.
12    "Identity proofing" means a process or service operating
13according to criteria approved by the Secretary of state
14through which a third person affirms the identity of an
15individual through review of personal information from public
16and proprietary data sources, including (a) by means of
17dynamic knowledge-based authentication, such as a review of
18personal information from public or proprietary data sources;
19or (b) by means of analysis of biometric data, such as, but not
20limited to, facial recognition, voiceprint analysis, or
21fingerprint analysis.
22    "In the presence of" or "appear before" means:
23        (1) being in the same physical location as another
24    person and close enough to see, hear, communicate with and
25    exchange credentials with that person; or
26        (2)being in a different physical location from another

 

 

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1    person, but able to see, hear, and communicate with the
2    person by means of audio-video communication that meets
3    any rules adopted by the Secretary of State.
4    "Notarial act" means an act, whether performed with
5respect to a tangible or electronic record, that a notary
6public, a remote notary public, or an electronic notary public
7may perform under the laws of this State. "Notary act"
8includes taking an acknowledgment, administering an oath, or
9affirmation, taking a verification on oath, or affirmation,
10witnessing or attesting a signature, certifying or attesting a
11copy, and noting a protest of a negotiable instrument.
12    "Notary public" or "notary" means an individual
13commissioned to perform notarial acts.
14    "Notarization" means the performance of a notarial act.
15    "Outside the United States" means a location outside of
16the geographic boundaries of a state or commonwealth of the
17United States, the District of Columbia, Puerto Rico, the
18United States Virgin Islands, and any territory, or insular
19possession, or other location subject to the jurisdiction of
20the United States.
21    "Principal" means an individual:
22        (1) whose signature is notarized; or
23        (2) taking an oath or affirmation from the notary but
24    not in the capacity of a witness for the notarization.
25    "Public key certificate" means an electronic credential
26which is used to identify an individual who signed an

 

 

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1electronic record with the certificate.
2    "Real time" means the actual span of uninterrupted time
3during which all parts of an electronic notarial act occur.
4    "Remote notarial act" means a notarial act that is done by
5way of audio-video communication technology that allows for
6direct, contemporaneous interaction between the individual
7signing the document (the signatory) and the witness by sight
8and sound but that requires the notary public to use his or her
9physical stamp and seal to notarize the document without the
10aid of an electronic seal or signature.
11    "Remote notary public" means any notary public that
12performs a remote notarial act.
13    "Tamper evident" means that any change to an electronic
14document shall display evidence of the change.
15    "Unique to the electronic notary public" and "sole
16control" mean, with respect to an electronic notarization that
17the signing device used to affix the electronic signature of
18the electronic notary public and to render the official
19electronic seal information tamper evident must be accessible
20by and attributable solely to the electronic notary public to
21the exclusion of all other persons and entities for the
22necessary period of time that such device is engaged and
23operating to effectuate the authorized electronic
24notarization.
25    (a) The terms "notary public" and "notary" are used
26interchangeably to mean any individual appointed and

 

 

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1commissioned to perform notarial acts.
2    (b) "Notarization" means the performance of a notarial
3act.
4    (c) "Accredited immigration representative" means a
5not-for-profit organization recognized by the Board of
6Immigration Appeals under 8 C.F.R. 292.2(a) and employees of
7those organizations accredited under 8 C.F.R. 292.2(d).
8(Source: P.A. 93-1001, eff. 8-23-04.)
 
9    (5 ILCS 312/1-106 new)
10    Sec. 1-106. Electronic Notarization Fund. The Electronic
11Notarization Fund is created as a special fund in the State
12treasury. Moneys in the Electronic Notarization Fund during
13the preceding calendar year, shall be distributed, subject to
14appropriation, to the Secretary of State to fund the
15Department of Index's implementation and maintenance of the
16electronic notarization commissions. This Section is effective
17on and after July 1, 2022.
 
18    (5 ILCS 312/2-101)  (from Ch. 102, par. 202-101)
19    Sec. 2-101. Appointment.
20    (a) The Secretary of State may appoint and commission as
21notaries public for a 4-year term as many persons resident in a
22county in this State as he deems necessary. The Secretary of
23State may appoint and commission as notaries public for a
24one-year term as many persons who are residents of a state

 

 

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1bordering Illinois whose place of work or business is within a
2county in this State as the Secretary deems necessary, but
3only if the laws of that state authorize residents of Illinois
4to be appointed and commissioned as notaries public in that
5state.
6    (b) A notary public commissioned in this State may apply
7for an electronic notary public commission to perform
8electronic notarial acts with the name that appears on the
9notary's commission.
10    (c) An individual may apply for a notary public commission
11and apply for an electronic notary public commission at the
12same time.
13    (d) Any notary or electronic notary appointed by the
14Secretary of State may elect not to perform a notarial act or
15an electronic notarial act for any reason.
16    (e) The commission of a notary public and an electronic
17notary public shall have the same term pursuant to subsection
18(a).
19    (f) The electronic notary public commission of a notary
20public is suspended by operation of law when the notary public
21is no longer appointed and commissioned as a notary public in
22this State under this Act. If the commission of the notary
23public has been revoked or suspended, the Secretary of State
24shall immediately notify the notary public in writing that his
25or her commission as a notary public and as an electronic
26notary public will be suspended by operation of law until he or

 

 

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1she is reappointed.
2(Source: P.A. 91-818, eff. 6-13-00.)
 
3    (5 ILCS 312/2-101.5 new)
4    Sec. 2-101.5. Course of study and examination.
5    (a) Applicants applying for the first time as a notary
6public or as an electronic notary public or applying to renew
7his or her appointment as a notary public or as an electronic
8notary public shall:
9        (1) complete any course of study on notarization and
10    electronic notarization that is required by the Secretary
11    of State; and
12        (2) pass an examination at the completion of the
13    course.
14    (b) The Secretary of State shall have the authority to
15adopt administrative rules mandating a course of study and
16examination and establishing the course of study content,
17length of the course of study to be required, and to approve
18any course of study providers.
 
19    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
20    Sec. 2-102. Application.
21    (a) Application for notary public commission. Every
22applicant for appointment and commission as a notary shall
23complete an application in a format prescribed by the
24Secretary of State to be filed with the Secretary of State,

 

 

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1stating:
2        (1) (a) the applicant's official name, as it appears
3    on his or her current driver's license or state-issued
4    identification card;
5        (2) (b) the county in which the applicant resides or,
6    if the applicant is a resident of a state bordering
7    Illinois, the county in Illinois in which that person's
8    principal place of work or principal place of business is
9    located;
10        (3) (c) the applicant's residence address, as it
11    appears on his or her current driver's license or
12    state-issued identification card;
13        (4) the applicant's e-mail address;
14        (5) (c-5) the applicant's business address if
15    different than the applicant's residence address, if
16    performing notarial acts constitutes any portion of the
17    applicant's job duties;
18        (6) (d) that the applicant has resided in the State of
19    Illinois for 30 days preceding the application or that the
20    applicant who is a resident of a state bordering Illinois
21    has worked or maintained a business in Illinois for 30
22    days preceding the application;
23        (7) (e) that the applicant is a citizen of the United
24    States or an alien lawfully admitted for permanent
25    residence in the United States;
26        (8) (f) the applicant's date of birth;

 

 

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1        (9) (g) that the applicant is proficient in the able
2    to read and write the English language;
3        (10) that the applicant has not had a prior
4    application or commission revoked due to a finding or
5    decision by the Secretary of State (h) that the applicant
6    has never been the holder of a notary public appointment
7    that was revoked or suspended during the past 10 years;
8        (11) (i) that the applicant has not been convicted of
9    a felony;
10        (12) (i-5) that the applicant's signature authorizes
11    the Office of the Secretary of State to conduct a
12    verification to confirm the information provided in the
13    application, including a criminal background check of the
14    applicant, if necessary; and
15        (13) that the applicant has provided satisfactory
16    proof to the Secretary of State that the applicant has
17    successfully completed any required course of study on
18    notarization; and
19        (14) (j) any other information the Secretary of State
20    deems necessary.
21    (b) Any notary appointed under subsection (a) shall have
22the authority to conduct remote notarizations.
23    (c) Application for electronic notary public commission.
24An application for an electronic notary public commission must
25be filed with the Secretary of State in a manner prescribed by
26the Secretary of State. Every applicant for appointment and

 

 

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1commission as an electronic notary public shall complete an
2application to be filed with the Secretary of State, stating:
3        (1) all information required to be included in an
4    application for appointment as an electronic notary
5    public, as provided under subsection (a);
6        (2) that the applicant is commissioned as a notary
7    public under this Act;
8        (3) the applicant's email address;
9        (4) that the applicant has provided satisfactory proof
10    to the Secretary of State that the applicant has
11    successfully completed any required course of study on
12    electronic notarization and passed a qualifying
13    examination;
14        (5) a description of the technology or device that the
15    applicant intends to use to create his or her electronic
16    signature in performing electronic notarial acts;
17        (6) the electronic signature of the applicant; and
18        (7) any other information the Secretary of State deems
19    necessary.
20    (d) Electronic notarial acts. Before an electronic notary
21public performs an electronic notarial act using audio-video
22communication, he or she must be granted an electronic notary
23public commission by the Secretary of State under this
24Section, and identify the technology that the electronic
25notary public intends to use, which must be approved by the
26Secretary of State.

 

 

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1    (e) Approval of commission. Upon the applicant's
2fulfillment of the requirements for a notarial commission or
3an electronic notary public commission, the Secretary of State
4shall approve the commission and issue to the applicant a
5unique commission number.
6    (f) Rejection of application. The Secretary of State may
7reject an application for a notarial commission or an
8electronic notary public commission if the applicant fails to
9comply with any Section of this Act.
10(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
 
11    (5 ILCS 312/2-102.5)
12    Sec. 2-102.5. Online notary public application system.
13    (a) The Secretary of State may establish and maintain an
14online application system that permits an Illinois resident to
15apply for appointment and commission as a notary public or
16electronic notary public.
17    (b) Any such online notary public application system shall
18employ security measures to ensure the accuracy and integrity
19of notary public applications submitted electronically under
20this Section.
21    (c) The Secretary of State may cross reference information
22provided by applicants with that contained in the Secretary of
23State's driver's license and Illinois Identification Card
24databases in order to match the information submitted by
25applicants, and may receive from those databases the

 

 

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1applicant's digitized signature upon a successful match of the
2applicant's information with that information contained in the
3databases.
4    (d) An online notary public application shall contain all
5of the information that is required for a paper application as
6provided in Section 2-102 of this Act. The applicant shall
7also be required to provide:
8        (1) the applicant's full Illinois driver's license or
9    Illinois Identification Card number;
10        (2) the date of issuance of the Illinois driver's
11    license or Illinois Identification Card; and
12        (3) the applicant's e-mail address for notices to be
13    provided under this Section.
14    (e) For his or her application to be accepted, the
15applicant shall mark the box associated with the following
16statement included as part of the online notary public
17application: "By clicking on the box below, I swear or affirm
18all of the following:
19        (1) I am the person whose name and identifying
20    information is provided on this form, and I desire to be
21    appointed and commissioned as a notary public in the State
22    of Illinois.
23        (2) All the information I have provided on this form
24    is true and correct as of the date I am submitting this
25    form.
26        (3) I authorize the Secretary of State to utilize my

 

 

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1    signature on file with the Secretary of State driver's
2    license and Illinois Identification Card databases and
3    understand that such signature will be used on this online
4    notary public application for appointment and commission
5    as a notary public or electronic notary as if I had signed
6    this form personally."
7        (4) I authorize the Secretary of State to utilize my
8    signature to conduct a verification to confirm the
9    information provided in the application, including a
10    criminal background check, if necessary."
11    (f) Immediately upon receiving a completed online notary
12public application, the online system shall send by electronic
13mail a confirmation notice that the application has been
14received. Upon completion of the procedure outlined in
15subsection (c) of this Section, the online notary public
16application system shall send by electronic mail a notice
17informing the applicant of whether the following information
18has been matched with the Secretary of State driver's license
19and Illinois Identification Card databases:
20        (1) that the applicant has an authentic Illinois
21    driver's license or Illinois Identification Card issued by
22    the Secretary of State and that the driver's license or
23    Illinois Identification Card number provided by the
24    applicant matches the driver's license or Illinois
25    Identification Card number for that person on file with
26    the Secretary of State;

 

 

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1        (2) that the date of issuance of the Illinois driver's
2    license or Illinois Identification Card listed on the
3    application matches the date of issuance of that license
4    or card for that person on file with the Secretary of
5    State;
6        (3) that the date of birth provided by the applicant
7    matches the date of birth for that person on file with the
8    Secretary of State; and
9        (4) that the residence address provided by the
10    applicant matches the residence address for that person on
11    file with the Secretary of State; and .
12        (5) the last 4 digits of the applicant's social
13    security number.
14    (g) If the information provided by the applicant matches
15all of the criteria identified in subsection (f) of this
16Section, the online notary public application system shall
17retrieve from the Secretary of State's database files an
18electronic copy of the applicant's signature from his or her
19Illinois driver's license or Illinois Identification Card and
20such signature shall be deemed to be the applicant's signature
21on his or her online notary public application.
22(Source: P.A. 99-112, eff. 1-1-16.)
 
23    (5 ILCS 312/2-102.6 new)
24    Sec. 2-102.6. Database of notaries public. The Secretary
25of State may maintain a database of notaries public on a

 

 

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1publicly-accessible website which: (1) any interested person
2may use to verify the authority and good standing of a listed
3individual to perform notarial acts; (2) indicates whether a
4notary holds a valid electronic commission and is able to
5lawfully perform electronic notarial acts; and (3) describes
6any administrative or disciplinary action taken against the
7notary by the Secretary of State.
 
8    (5 ILCS 312/2-102.7 new)
9    Sec. 2-102.7. Registration of electronic notarization
10technology.
11    (a) Notaries holding an electronic notary public
12commission shall register the capability to notarize
13electronically before performing any electronic notarial acts
14with the Secretary of State. The registration shall be made
15with the Secretary of State every time an electronic notary
16public adopts a new or additional technology with which to
17perform electronic notarial acts and the technology or vendor
18must first be approved by the Secretary of State.
19    (b)Prior to any electronic notarial acts being performed
20in this State, the vendor of electronic notarization
21technology must submit the technology to the Secretary of
22State and receive approval by the Secretary of State for use in
23this State.
24    (c) The Secretary of State shall adopt rules applicable to
25this Section, setting forth the standards electronic notary

 

 

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1platforms must achieve to be approved for use in the State of
2Illinois and requirements with which vendors of electronic
3notary platforms must comply.
 
4    (5 ILCS 312/2-103)  (from Ch. 102, par. 202-103)
5    Sec. 2-103. Appointment Fee.
6    (a) Every applicant for appointment and commission as a
7notary public shall pay to the Secretary of State a fee of $15
8$10. Ten dollars from each applicant fee shall be deposited in
9the General Revenue Fund. Five dollars from each applicant fee
10shall be deposited in the Electronic Notarization Fund.
11    (b) Every applicant for a commission as an electronic
12notary public shall pay to the Secretary of State a fee of $25.
13This fee is in addition to the fee proscribed for a commission
14as a notary public and shall be deposited in the Electronic
15Notarization Fund.
16    (c) The changes made to this Section by this amendatory
17Act of the 102nd General Assembly are effective on and after
18July 1, 2022.
19(Source: P.A. 85-1396.)
 
20    (5 ILCS 312/2-104)  (from Ch. 102, par. 202-104)
21    Sec. 2-104. Oath.
22    (a) Every applicant for appointment and commission as a
23notary public shall take the following oath:
24    "I, (name of applicant), solemnly affirm, under the

 

 

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1penalty of perjury, that the answers to all questions in this
2application are true, complete, and correct; that I have
3carefully read the notary law of this State; and that, if
4appointed and commissioned as a notary public, I will perform
5faithfully, to the best of my ability, all notarial acts in
6accordance with the law.".
7    (b) In the event that the applicant completes a paper
8application for appointment and commission as a notary public,
9he or she shall take the oath in the presence of a person
10qualified to administer an oath in this State. The printed
11oath shall be followed by the signature of the applicant and
12notarized as follows:
13    " ................. (Signature of applicant)
14    State of Illinois
15    County of (name of county where the notarization is
16completed)
17    Subscribed and affirmed before me on (insert date) by
18(name of person who signature is being notarized).
19    ................... (Official signature and official seal
20of notary)".
21    (c) In the event that the applicant completes an online
22application for appointment and commission as a notary public,
23he or she shall affirm the oath electronically. An electronic
24affirmation of the oath in the online notary public
25application system shall have the same force and effect as an
26oath sworn and affirmed in person.

 

 

SB2664 Enrolled- 21 -LRB102 15608 RJF 20971 b

1(Source: P.A. 99-112, eff. 1-1-16.)
 
2    (5 ILCS 312/2-105)  (from Ch. 102, par. 202-105)
3    Sec. 2-105. Bond.
4    (a) Every application for appointment and commission as a
5notary public shall be accompanied by or logically associated
6with an executed bond commencing on the date of the
7appointment with a term of 4 years, in the sum of $5,000, with,
8as surety thereon, a company qualified to write surety bonds
9in this State. The bond shall be conditioned upon the faithful
10performance of all notarial acts in accordance with this Act.
11The Secretary of State may prescribe an official bond form.
12    (b) A notary public that performs notarizations either
13remotely or electronically and by means of audio-video
14communication shall obtain and maintain a surety bond in the
15amount of $25,000 from a surety or insurance company licensed
16to do business in this State, and this bond shall be
17exclusively conditioned on the faithful performance of remote
18notarial acts or electronic notarial acts by means of
19audio-video communication. When a notary is required to hold
20both the $5,000 bond and the $25,000 bond, one bond totaling
21$30,000 shall satisfy the provisions of this Section.
22    (c) The bonding company issuing the bond to a notary
23public or an electronic notary public shall submit
24verification of the bond information for the notary to the
25Secretary of State in a format prescribed by the Secretary of

 

 

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1State.
2(Source: P.A. 84-322.)
 
3    (5 ILCS 312/2-107)
4    Sec. 2-107. Notary public remittance agent.
5    (a) Every company, corporation, association, organization,
6or person that remits notary public applications to the
7Secretary of State on behalf of applicants for appointment and
8commission as a notary public, for compensation or otherwise,
9shall comply with standards to qualify for licensure as a
10notary public remittance agent.
11    (b) The Secretary of State shall adopt rules describing
12the requirements for a notary public remittance agent to be
13licensed in the State of Illinois. The standards to qualify
14for licensure as a notary public remittance agent shall
15include, but not be limited to, the following:
16        (1) the applicant has not been the subject of any
17    administrative citation, criminal complaint, or civil
18    action arising from his or her duties as a notary public
19    remittance agent;
20        (2) the agent holds a surety bond in the amount of
21    $20,000 for the purposes of acting as a remittance agent;
22    and
23        (3) the agent complies with all requirements set forth
24    by the Secretary of State for the submission of the notary
25    public applications.

 

 

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1    (c) A notary public remittance agent submitting an
2application on behalf of an applicant for appointment and
3commission as a notary public shall remit the application and
4fee provided by the applicant within 30 days after receiving
5the application and fee from the applicant.
6    (d) The agent shall not modify a notary's application
7information in any way prior to submitting the application
8information to the Secretary of State.
9    (e) The agent shall not issue a notary seal or notary stamp
10to the notary applicant until sufficient evidence has been
11received that the notary applicant has received a commission
12from the Secretary of State.
13    (f) Any violation of this Act, including this Section, may
14result in an administrative citation, criminal complaint, or
15civil action arising from his or her duties as a notary public
16or notary public remittance agent.
17    (g) (c) The provisions of this Section do not apply to
18units of local government or private businesses that are
19making applications, and providing application fees for their
20employees.
21    (h) The Secretary of State shall adopt rules applicable to
22this Section.
23(Source: P.A. 101-366, eff. 1-1-20.)
 
24    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
25    Sec. 3-101. Official seal.

 

 

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1    (a) Notary public official seal. Each notary public shall,
2upon receiving the notary commission from the Secretary of
3State county clerk, obtain an official rubber stamp seal with
4which the notary shall authenticate his or her official acts.
5The rubber stamp seal shall contain the following information:
6        (1) the words "Official Seal";
7        (2) the notary's official name;
8        (3) the words "Notary Public", "State of Illinois",
9    and "My commission expires ............ (commission
10    expiration date)"; and
11        (4) a serrated or milled edge border in a rectangular
12    form not more than one inch in height by two and one-half
13    inches in length surrounding the information.
14    (b) (Blank).
15    (b-5) Electronic notary public electronic seal and
16electronic signature. An electronic notarial act must be
17evidenced by the following, which must be attached to or
18logically associated with the electronic document that is the
19subject of the electronic notarial act and which must be
20immediately perceptible and reproducible:
21        (1) the electronic signature of the electronic notary
22    public;
23        (2) the electronic seal of the electronic notary
24    public, which shall look identical to a traditional notary
25    public seal;
26        (3) the words "Notary Public", "State of Illinois",

 

 

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1    and "My commission expires (commission expiration date)";
2    and
3        (4) language explicitly stating that the electronic
4    notarial act was performed using audio-video
5    communication, if applicable.
6    (c) Registered devices. An electronic notary shall
7register his or her chosen device with the Secretary of State
8before first use. Thereafter, electronic notary public shall
9take reasonable steps to ensure that any registered device
10used to create an electronic seal or electronic signature is
11current and has not been revoked or terminated by the device's
12issuing or registering authority. Upon learning that the
13technology or device used to create his or her electronic
14signature has been rendered ineffective or unsecure, an
15electronic notary public shall cease performing electronic
16notarial acts until:
17        (1) a new technology or device is acquired; and
18        (2) the electronic notary public sends an electronic
19    message to the Secretary of State that includes the
20    electronic signature of the electronic notary public
21    required under paragraph (6) of subsection (b) of Section
22    2-102 relating to the new technology or device.
23    (d) Electronic signature and seal security.
24        (1) An electronic notary public shall keep the
25    electronic notary public's electronic signature and
26    electronic seal secure and under the notary public's

 

 

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1    exclusive control. The electronic notary public shall not
2    allow another person to use his or her electronic
3    signature or electronic seal.
4        (2) An electronic notary public shall notify an
5    appropriate law enforcement agency, the vendor of the
6    electronic notary technology, and the Secretary of State
7    no later than the next business day after the theft,
8    compromise, or vandalism of the electronic notary public's
9    electronic signature or electronic seal.
10        (3) The electronic notary public shall not disclose
11    any access information used to affix the electronic notary
12    public's signature and seal except when requested by law
13    enforcement.
14    (e) Certificate of electronic notarial act. An electronic
15notary public shall attach his or her electronic signature and
16electronic seal with the electronic notarial certificate of an
17electronic document in a manner that is capable of independent
18verification and renders any subsequent change or modification
19to the electronic document evident.
20    (f) The Secretary of State shall have the authority to
21adopt administrative rules to implement this Section.
22(Source: P.A. 100-81, eff. 1-1-18.)
 
23    (5 ILCS 312/3-101.5 new)
24    Sec. 3-101.5. Security of electronic signature and seal.
25The following requirements apply only to electronic notaries

 

 

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1public.
2    (a) The electronic signature and electronic seal of an
3electronic notary public must be used only for the purposes of
4performing electronic notarial acts.
5    (b) The electronic notary public's electronic signature
6and electronic seal are deemed to be reliable if the following
7requirements are met:
8        (1) it is unique to the electronic notary public;
9        (2) it is capable of independent verification;
10        (3) it is retained under the electronic notary
11    public's sole control;
12        (4) it is attached to or logically associated with the
13    electronic document in a tamper evident manner. Evidence
14    of tampering pursuant to this standard may be used to
15    determine whether the electronic notarial act is valid or
16    invalid;
17        (5) the electronic notary public has chosen technology
18    or a vendor that meets the minimum requirements
19    established by the Secretary of State and is approved by
20    the Secretary of State; and
21        (6) the technology adheres to any other standards or
22    requirements set by the Secretary of State in
23    administrative rule.
24    (c) The electronic notary public shall be prohibited from
25selling or transferring personal information learned through
26the course of an electronic notarization, except when required

 

 

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1by law, law enforcement, the Secretary of State or court
2order.
3    (d) The Secretary of State shall have the authority to
4adopt administrative rules to implement this Section.
 
5    (5 ILCS 312/3-103)  (from Ch. 102, par. 203-103)
6    Sec. 3-103. Notice.
7    (a) Every notary public who is not an attorney or an
8accredited immigration representative who advertises the
9services of a notary public in a language other than English,
10whether by radio, television, signs, pamphlets, newspapers,
11electronic communications, or other written communication,
12with the exception of a single desk plaque, shall include in
13the document, advertisement, stationery, letterhead, business
14card, or other comparable written or electronic material the
15following: notice in English and the language in which the
16written or electronic communication appears. This notice shall
17be of a conspicuous size, if in writing or electronic
18communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
19TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL
20DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL ADVICE ON ANY
21MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF IMMIGRATION,
22OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF THOSE
23ACTIVITIES ". If such advertisement is by radio or television,
24the statement may be modified but must include substantially
25the same message.

 

 

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1    A notary public shall not, in any document, advertisement,
2stationery, letterhead, business card, electronic
3communication, or other comparable written material describing
4the role of the notary public, literally translate from
5English into another language terms or titles including, but
6not limited to, notary public, notary, licensed, attorney,
7lawyer, or any other term that implies the person is an
8attorney. To illustrate, the word "notario" is prohibited
9under this provision.
10    Failure to follow the procedures in this Section shall
11result in a fine of $1,500 for each written violation. The
12second violation shall result in permanent revocation of the
13commission of notary public. Violations shall not preempt or
14preclude additional appropriate civil or criminal penalties.
15    (b) All notaries public required to comply with the
16provisions of subsection (a) shall prominently post at their
17place of business as recorded with the Secretary of State
18pursuant to Section 2-102 of this Act a schedule of fees
19established by law which a notary public may charge. The fee
20schedule shall be written in English and in the non-English
21language in which notary services were solicited and shall
22contain the disavowal of legal representation required above
23in subsection (a), unless such notice of disavowal is already
24prominently posted.
25    (c) No notary public, agency or any other person who is not
26an attorney shall represent, hold themselves out or advertise

 

 

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1that they are experts on immigration matters or provide any
2other assistance that requires legal analysis, legal judgment,
3or interpretation of the law unless they are a designated
4entity as defined pursuant to Section 245a.1 of Part 245a of
5the Code of Federal Regulations (8 CFR 245a.1) or an entity
6accredited by the Board of Immigration Appeals.
7    (c-5) In addition to the notice required under subsection
8(a), every notary public who is subject to subsection (a)
9shall, prior to rendering notary services or electronic notary
10services, provide any person seeking notary or electronic
11notary services services with a written acknowledgment that
12substantially states, in English and the language used in the
13advertisement for notary services the following: "I AM NOT AN
14ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT
15ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE
16LEGAL ADVICE ON ANY MATTER OR ACCEPT OR CHARGE FEES FOR THE
17PERFORMANCE OF THOSE ACTIVITIES". The Office of the Secretary
18of State shall translate this acknowledgement into Spanish and
19any other language the Secretary of State may deem necessary
20to achieve the requirements of this subsection (c-5), and
21shall make the translations available on the website of the
22Secretary of State. This acknowledgment shall be signed by the
23recipient of notary services or electronic notary services
24before notary services or electronic notary services are
25rendered, and the notary shall retain copies of all signed
26acknowledgments throughout their present commission and for 2

 

 

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1years thereafter. Notaries shall provide recipients of notary
2services or electronic notary services with a copy of their
3signed acknowledgment at the time services are rendered. This
4provision shall not apply to notary services or electronic
5notary services related to documents prepared or produced in
6accordance with the Illinois Election Code.
7    (d) Any person who aids, abets or otherwise induces
8another person to give false information concerning
9immigration status shall be guilty of a Class A misdemeanor
10for a first offense and a Class 3 felony for a second or
11subsequent offense committed within 5 years of a previous
12conviction for the same offense.
13    Any notary public who violates the provisions of this
14Section shall be guilty of official misconduct and subject to
15fine or imprisonment.
16    Nothing in this Section shall preclude any consumer of
17notary public services from pursuing other civil remedies
18available under the law.
19    (e) No notary public who is not an attorney or an
20accredited representative shall accept payment in exchange for
21providing legal advice or any other assistance that requires
22legal analysis, legal judgment, or interpretation of the law.
23    (f) Violation of subsection (e) is a business offense
24punishable by a fine of 3 times the amount received for
25services, or $1,001 minimum, and restitution of the amount
26paid to the consumer. Nothing in this Section shall be

 

 

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1construed to preempt nor preclude additional appropriate civil
2remedies or criminal charges available under law.
3    (g) If a notary public or electronic notary public of this
4State is convicted of a 2 or more business offense offenses
5involving a violation of this Act within a 12-month period
6while commissioned, or of 3 or more business offenses
7involving a violation of this Act within a 5-year period
8regardless of being commissioned, the Secretary shall
9automatically revoke the notary public commission or
10electronic notary public commission of that person on the date
11that the person's most recent business offense conviction is
12entered as a final judgment.
13(Source: P.A. 100-81, eff. 1-1-18; 101-465, eff. 1-1-20.)
 
14    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
15    Sec. 3-104. Maximum Fee.
16    (a) Except as otherwise provided in this subsection (a)
17provided in subsection (b) of this Section, the maximum fee
18for non-electronic notarization in this State is $5 $1.00 for
19any notarial act performed and, until July 1, 2018, up to $25
20for any notarial act performed pursuant to Section 3-102.
21    (b) Fees for a notary public, agency, or any other person
22who is not an attorney or an accredited representative filling
23out immigration forms shall be limited to the following:
24        (1) $10 per form completion;
25        (2) $10 per page for the translation of a non-English

 

 

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1    language into English where such translation is required
2    for immigration forms;
3        (3) $5 $1 for notarizing;
4        (4) $3 to execute any procedures necessary to obtain a
5    document required to complete immigration forms; and
6        (5) A maximum of $75 for one complete application.
7    Fees authorized under this subsection shall not include
8application fees required to be submitted with immigration
9applications.
10    (b) The maximum fee in this State up to $25 for any
11electronic notarial act performed pursuant to this Act. An
12electronic notary public may charge a reasonable fee to
13recover any cost of providing a copy of an entry or a recording
14of an audio-video communication in an electronic journal
15maintained pursuant to Section 3-107.
16    (c) Any person who violates the provisions of this
17subsection (a) or (b) shall be guilty of a Class A misdemeanor
18for a first offense and a Class 3 felony for a second or
19subsequent offense committed within 5 years of a previous
20conviction for the same offense.
21    (d) (c) Upon his own information or upon complaint of any
22person, the Attorney General or any State's Attorney, or their
23designee, may maintain an action for injunctive relief in the
24court against any notary public or any other person who
25violates the provisions of subsection (a) or (b) of this
26Section. These remedies are in addition to, and not in

 

 

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1substitution for, other available remedies.
2    If the Attorney General or any State's Attorney fails to
3bring an action as provided pursuant to this subsection within
490 days of receipt of a complaint, any person may file a civil
5action to enforce the provisions of this subsection and
6maintain an action for injunctive relief.
7    (e) (d) All notaries public must provide itemized receipts
8and keep records for fees accepted for services provided.
9Notarial fees must appear on the itemized receipt as separate
10and distinct from any other charges assessed. Failure to
11provide itemized receipts and keep records that can be
12presented as evidence of no wrongdoing shall be construed as a
13presumptive admission of allegations raised in complaints
14against the notary for violations related to accepting
15prohibited fees.
16(Source: P.A. 98-29, eff. 6-21-13.)
 
17    (5 ILCS 312/3-105)  (from Ch. 102, par. 203-105)
18    Sec. 3-105. Authority.
19    (a) A notary public shall have authority to perform
20notarial acts, or electronic notarial acts, if the notary
21holds an electronic notary public commission, throughout the
22State so long as the notary resides in the same county in which
23the notary was commissioned or, if the notary is a resident of
24a state bordering Illinois, so long as the notary's principal
25place of work or principal place of business is in the same

 

 

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1county in Illinois in which the notary was commissioned.
2    (b) Except as provided under subsection (c), an electronic
3notary public who is physically located in this State may
4perform an electronic notarial act using communication
5technology in accordance with this Article and any rules
6adopted by the Secretary of State for a remotely located
7individual who is physically located: (i) in this State; or
8(ii) outside of this State, but not outside the United States.
9    (c) Notwithstanding subsection (b), an electronic notary
10public may perform an electronic notarial act for a remotely
11located individual outside of the United States if the record
12is to be filed with or relates to a matter before a public
13official or court, governmental entity, or other entity
14subject to the jurisdiction of the United States or involves
15property located in the territorial jurisdiction of the United
16States or involves a transaction substantially connected with
17the United States.
18(Source: P.A. 91-818, eff. 6-13-00.)
 
19    (5 ILCS 312/3-106)  (from Ch. 102, par. 203-106)
20    Sec. 3-106. Certificate of Authority. Upon the receipt of
21a written request, the notarized document, and a fee of $2
22payable to the Secretary of State or County Clerk, the Office
23of the Secretary of State or County Clerk shall provide a
24certificate of authority in substantially the following form:
25    I ............... (Secretary of State or ......... County

 

 

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1Clerk) of the State of Illinois, which office is an office of
2record having a seal, certify that ........ (notary's name),
3by whom the foregoing or annexed document was notarized or
4electronically notarized, was, on (insert date), appointed and
5commissioned a notary public in and for the State of Illinois
6and that as such, full faith and credit is and ought to be
7given to this notary's official attestations. In testimony
8whereof, I have affixed my signature and the seal of this
9office on (insert date).
10................................................
11(Secretary of State or ...... County Clerk).
12(Source: P.A. 91-357, eff. 7-29-99.)
 
13    (5 ILCS 312/3-107 new)
14    Sec. 3-107. Journal.
15    (a) A notary public or an electronic notary public shall
16keep a journal of each notarial act or electronic notarial act
17which includes, without limitation, the requirements set by
18the Secretary of State in administrative rule, but shall not
19include any electronic signatures of the person for whom an
20electronic notarial act was performed or any witnesses.
21    (b) The Secretary of State shall adopt administrative
22rules that set forth, at a minimum:
23        (1) the information to be recorded for each
24    notarization or electronic notarization;
25        (2) the period during which the notary public or

 

 

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1    electronic notary public must maintain the journal; and
2        (3) the minimum security requirements for protecting
3    the information in the journal and access to the contents
4    of the journal.
5    (c) A notary or electronic notary may maintain his or her
6journal in either paper form or electronic form and may
7maintain more than one journal or electronic journal to record
8notarial acts or electronic notarial acts.
9    (d) The fact that the employer or contractor of a notary or
10electronic notary public keeps a record of notarial acts or
11electronic notarial acts does not relieve the notary public of
12the duties required by this Section. A notary public or
13electronic notary public shall not surrender the journal to an
14employer upon termination of employment and an employer shall
15not retain the journal of an employee when the employment of
16the notary public or electronic notary public ceases.
17    (e) If the journal of a notary public or electronic notary
18public is lost, stolen, or compromised, the notary or
19electronic notary shall notify the Secretary of State within
2010 business days after the discovery of the loss, theft, or
21breach of security.
 
22    (5 ILCS 312/4-101)  (from Ch. 102, par. 204-101)
23    Sec. 4-101. Changes causing commission to cease to be in
24effect.
25    (a) When any notary public legally changes his or her

 

 

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1name, changes his or her residential address or business
2address, or email address, without notifying the Index
3Department of the Secretary of State in writing within 30 days
4thereof, or, if the notary public is a resident of a state
5bordering Illinois, no longer maintains a principal place of
6work or principal place of business in the same county in
7Illinois in which he or she was commissioned, the commission
8of that notary ceases to be in effect. When the commission of a
9notary public ceases to be in effect, his or her notarial seal
10or electronic notary seal shall be surrendered to the
11Secretary of State, and his or her certificate of notarial
12commission or certificate of electronic notarial commission
13shall be destroyed. These individuals who desire to again
14become a notary public must file a new application, bond, and
15oath with the Secretary of State.
16    (b) Any change to the information submitted by an
17electronic notary public in registering to perform electronic
18notarial acts in compliance with any Section of this Act shall
19be reported by the notary within 30 business days to the
20Secretary of State.
21    (c) Any notary public or electronic notary public that
22fails to comply with this Section shall be prohibited from
23obtaining a new commission for a period of not less than 5
24years.
25(Source: P.A. 100-809, eff. 1-1-19.)
 

 

 

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1    (5 ILCS 312/5-101)  (from Ch. 102, par. 205-101)
2    Sec. 5-101. Reappointment. No person is automatically
3reappointed as a notary public or electronic notary public. At
4least 60 days prior to the expiration of a commission, the
5Secretary of State shall mail notice of the expiration date to
6the holder of a commission. Every notary public or electronic
7notary public who is an applicant for reappointment shall
8comply with the provisions of Article II of this Act.
9(Source: P.A. 84-322.)
 
10    (5 ILCS 312/5-102)  (from Ch. 102, par. 205-102)
11    Sec. 5-102. Solicitation to Purchase Bond. No person shall
12solicit any notary public and offer to provide a surety bond
13more than 60 days in advance of the expiration date of the
14notary public's commission of a notary public or electronic
15notary public.
16    Nor shall any person solicit any applicant for a
17commission or reappointment thereof and offer to provide a
18surety bond for the notary commission unless any such
19solicitation specifically sets forth in bold face type not
20less than 1/4 inch in height the following: "WE ARE NOT
21ASSOCIATED WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY".
22    Whenever it shall appear to the Secretary of State that
23any person is engaged or is about to engage in any acts or
24practices which constitute or will constitute a violation of
25the provisions of this Section, the Secretary of State may, in

 

 

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1his discretion, through the Attorney General, apply for an
2injunction, and, upon a proper showing, any circuit court
3shall have power to issue a permanent or temporary injunction
4or restraining order without bond to enforce the provisions of
5this Act, and either party to such suit shall have the right to
6prosecute an appeal from the order or judgment of the court.
7    Any person, association, corporation, or others who
8violate the provisions of this Section shall be guilty of a
9business offense and punishable by a fine of not less than $500
10for each offense.
11(Source: P.A. 84-322.)
 
12    (5 ILCS 312/6-102)  (from Ch. 102, par. 206-102)
13    Sec. 6-102. Notarial Acts.
14    (a) In taking an acknowledgment, the notary public must
15determine, either from personal knowledge or from satisfactory
16evidence, that the person appearing before the notary and
17making the acknowledgment is the person whose true signature
18is on the instrument.
19    (b) In taking a verification upon oath or affirmation, the
20notary public must determine, either from personal knowledge
21or from satisfactory evidence, that the person appearing
22before the notary and making the verification is the person
23whose true signature is on the statement verified.
24    (c) In witnessing or attesting a signature, the notary
25public must determine, either from personal knowledge or from

 

 

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1satisfactory evidence, that the signature is that of the
2person appearing before the notary and named therein.
3    (d) A notary public has satisfactory evidence that a
4person is the person whose true signature is on a document if
5that person:
6        (1) is personally known to the notary;
7        (2) is identified upon the oath or affirmation of a
8    credible witness personally known to the notary; or
9        (3) is identified on the basis of identification
10    documents. Identification documents are documents that are
11    valid at the time of the notarial act, issued by a state
12    agency, federal government agency, or consulate, and
13    bearing the photographic image of the individual's face
14    and signature of the individual.
15    (e) A notary public or electronic notary public shall have
16no obligation to perform any notarial or electronic notarial
17act, and may refuse to perform a notarial or electronic
18notarial act without further explanation.
19(Source: P.A. 97-397, eff. 1-1-12; 98-29, eff. 6-21-13.)
 
20    (5 ILCS 312/6-102.5 new)
21    Sec. 6-102.5. Remote notarial acts.
22    (a) Any commissioned notary public may perform any
23notarial act described under Section 6-102 remotely, after
24first determining, either from personal knowledge or from
25satisfactory evidence, that the signature is that of the

 

 

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1person appearing before the notary and named therein. A notary
2public has satisfactory evidence that a person is the person
3whose true signature is on a document if that person:
4        (1) is personally known to the notary;
5        (2) is identified upon the oath or affirmation of a
6    credible witness personally known to the notary; or
7        (3) is identified on the basis of identification
8    documents. Identification documents are documents that are
9    (i) valid at the time of the notarial act, (ii) issued by a
10    State agency, federal government agency, or consulate, and
11    (iii) bearing the photographic image of the individual's
12    face and signature of the individual.
13    (b) A remote notarial action must be performed in
14accordance with the following audio-video communication
15requirements:
16        (1) Two-way audio-video communication technology must
17    allow for remotely located notaries and principals to
18    engage in direct, contemporaneous interaction between the
19    individual signing the document (signatory) and the
20    witness by sight and sound.
21        (2) The two-way audio video communication technology
22    must be recorded and preserved by the signatory or the
23    signatory's designee for a period of at least 3 years.
24        (3) The signatory must attest to being physically
25    located in Illinois during the two-way audio-video
26    communication.

 

 

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1        (4) The signatory must affirmatively state on the
2    two-way audio-video communication what document the
3    signatory is signing.
4        (5) Each page of the document being witnessed must be
5    shown to the witness on the two-way audio-video
6    communication technology in a means clearly legible to the
7    witness.
8        (6) The act of signing must be captured sufficiently
9    up close on the two-way audio-video communication for the
10    witness to observe.
11    (c) Application of the notary's seal and signature:
12        (1) The signatory must transmit by overnight mail,
13    fax, or electronic means a legible copy of the entire
14    signed document directly to the notary no later than the
15    day after the document is signed.
16        (2) The notary must sign the transmitted copy of the
17    document as a witness and transmit the signed copy of the
18    document back to the signatory via overnight mail, fax, or
19    electronic means within 24 hours after receipt.
20        (3) If necessary, the notary may sign the original
21    signed document as of the date of the original execution
22    by the signatory provided that the witness receives the
23    original signed document together with the electronically
24    witnessed copy within 30 days after the date of the remote
25    notarization.
26    (d) The Secretary of State shall adopt administrative

 

 

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1rules to implement this Section.
 
2    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)
3    Sec. 6-104. Acts prohibited.
4    (a) A notary public shall not use any name or initial in
5signing certificates other than that by which the notary was
6commissioned.
7    (b) A notary public shall not acknowledge any instrument
8in which the notary's name appears as a party to the
9transaction.
10    (c) A notary public shall not affix his signature to a
11blank form of affidavit or certificate of acknowledgment.
12    (d) A notary public shall not take the acknowledgment of
13or administer an oath to any person whom the notary actually
14knows to have been adjudged mentally ill by a court of
15competent jurisdiction and who has not been restored to mental
16health as a matter of record.
17    (e) A notary public shall not take the acknowledgment of
18any person who is blind until the notary has read the
19instrument to such person.
20    (f) A notary public shall not take the acknowledgment of
21any person who does not speak or understand the English
22language, unless the nature and effect of the instrument to be
23notarized is translated into a language which the person does
24understand.
25    (g) A notary public shall not change anything in a written

 

 

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1instrument after it has been signed by anyone.
2    (h) No notary public shall be authorized to prepare any
3legal instrument, or fill in the blanks of an instrument,
4other than a notary certificate; however, this prohibition
5shall not prohibit an attorney, who is also a notary public,
6from performing notarial acts for any document prepared by
7that attorney.
8    (i) If a notary public accepts or receives any money from
9any one to whom an oath has been administered or on behalf of
10whom an acknowledgment has been taken for the purpose of
11transmitting or forwarding such money to another and willfully
12fails to transmit or forward such money promptly, the notary
13is personally liable for any loss sustained because of such
14failure. The person or persons damaged by such failure may
15bring an action to recover damages, together with interest and
16reasonable attorney fees, against such notary public or his
17bondsmen.
18    (j) A notary public shall not perform any notarial act
19when his or her commission is suspended or revoked, nor shall
20he or she fail to comply with any term of suspension which may
21be imposed for violation of this Section.
22    (k) No notary public shall be authorized to explain,
23certify, or verify the contents of any document; however, this
24prohibition shall not prohibit an attorney, who is also a
25notary public, from performing notarial acts for any document
26prepared by that attorney.

 

 

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1    (l) A notary public shall not represent himself or herself
2as an electronic notary public if the person has not been
3commissioned as an electronic notary public by the Secretary
4of State.
5    (m) No person shall knowingly create, manufacture, or
6distribute software or hardware for the purpose of allowing a
7person to act as an electronic notary public without being
8commissioned in accordance with this Act. A violation of this
9subsection (m) is a Class A misdemeanor.
10    (n) No person shall wrongfully obtain, conceal, damage, or
11destroy the technology or device used to create the electronic
12signature or seal of an electronic notary public. A violation
13of this subsection (n) is a Class A misdemeanor.
14    (o) A notary public shall not sell, rent, transfer, or
15otherwise make available to a third party, other than the
16electronic notarization platform, the contents of the notarial
17journal, audio-video recordings, or any other record
18associated with any notarial act, including personally
19identifiable information, except when required by law, law
20enforcement, the Secretary of State, or a court order. Upon
21written request of a third party, which request must include
22the name of the parties, the type of document, and the month
23and year in which a record was notarized, a notary public may
24supply a copy of the line item representing the requested
25transaction after personally identifying information has been
26redacted.

 

 

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1    (p) The Secretary of State may suspend the commission of a
2notary or electronic notary who fails to produce any journal
3entry within 10 days after receipt of a request from the
4Secretary of State.
5    (q) Upon surrender, revocation, or expiration of a
6commission as a notary or electronic notary, all notarial
7records or electronic notarial records required under this
8Section, except as otherwise provided by law, must be kept by
9the notary public or electronic notary for a period of 5 years
10after the termination of the registration of the notary public
11or electronic notary public.
12(Source: P.A. 100-81, eff. 1-1-18; 100-809, eff. 1-1-19.)
 
13    (5 ILCS 312/Art. VI-A heading new)
14
ARTICLE VI-A
15
ELECTRONIC NOTARIAL ACTS AND FORMS

 
16    (5 ILCS 312/6A-101 new)
17    Sec. 6A-101. Requirements for systems and providers of
18electronic notarial technology.
19    (a) An electronic notarization system shall comply with
20this Act and any rules adopted by the Secretary of State.
21    (b) An electronic notarization system requiring enrollment
22shall enroll only persons commissioned as electronic notaries
23public by the Secretary of State.
24    (c) An electronic notarization vendor shall take

 

 

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1reasonable steps to ensure that an electronic notary public
2who has enrolled to use the system has the knowledge to use it
3to perform electronic notarial acts in compliance with this
4Act.
5    (d) A provider of an electronic notarization system
6requiring enrollment shall notify the Secretary of State of
7the name of each electronic notary public who enrolls in the
8system within 5 days after enrollment by means prescribed by
9rule by the Secretary of State.
10    (e) The Secretary of State shall adopt administrative
11rules that set forth the requirements a provider of electronic
12notarization technology must meet in order to be approved for
13use in the State of Illinois. At a minimum, those
14administrative rules shall establish:
15        (1) minimum standards ensuring a secure means of
16    authentication to be employed to protect the integrity of
17    the electronic notary's electronic seal and electronic
18    signature;
19        (2) minimum standards ensuring that documents
20    electronically notarized be tamper-evident and protected
21    from unauthorized use; and
22        (3) requirements for competent operation of the
23    electronic platform.
 
24    (5 ILCS 312/6A-102 new)
25    Sec. 6A-102. Electronic notary not liable for system

 

 

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1failure. An electronic notary public who exercised reasonable
2care enrolling in and using an electronic notarization system
3shall not be liable for any damages resulting from the
4system's failure to comply with the requirements of this Act.
5Any provision in a contract or agreement between the
6electronic notary public and provider that attempts to waive
7this immunity shall be null, void, and of no effect.
 
8    (5 ILCS 312/6A-103 new)
9    Sec. 6A-103. Electronic notarial acts.
10    (a) An electronic notary public:
11        (1) is a notary public for purposes of this Act and is
12    subject to all provisions of this Act;
13        (2) may perform notarial acts as provided by this Act
14    in addition to performing electronic notarizations; and
15        (3) may perform an electronic notarization authorized
16    under this Article.
17    (b) In performing an electronic notarization, an
18electronic notary public shall verify the identity of a person
19creating an electronic signature at the time that the
20signature is taken by using two-way audio and video conference
21technology that meets the requirements of this Act and rules
22adopted under this Article. For the purposes of performing an
23electronic notarial act for a person using audio-video
24communication, an electronic notary public has satisfactory or
25documentary evidence of the identity of the person if the

 

 

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1electronic notary public confirms the identity of the person
2by:
3        (1) the electronic notary public's personal knowledge
4    of the person creating the electronic signature; or
5        (2) each of the following:
6            (A) remote electronic presentation by the person
7        creating the electronic signature of a
8        government-issued identification credential,
9        including a passport or driver's license, that
10        contains the signature and a photograph of the person;
11            (B) credential analysis of the front and back of
12        the government-issued identification credential and
13        the data thereon; and
14            (C) a dynamic knowledge-based authentication
15        assessment.
16    (c) An electronic notary public may perform any of the
17acts set forth in Section 6-102 using audio-video
18communication in accordance with this Section and any rules
19adopted by the Secretary of State.
20    (d) If an electronic notarial act is performed using
21audio-video communication:
22        (1) the technology must allow the persons
23    communicating to see and speak to each other
24    simultaneously;
25        (2) the signal transmission must be in real time; and
26        (3) the electronic notarial act must be recorded.

 

 

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1    (e) The validity of the electronic notarial act will be
2determined by applying the laws of the State of Illinois.
3    (f) The electronic notarial certificate for an electronic
4notarization must include a notation that the notarization is
5an electronic notarization.
6    (g) When performing an electronic notarization, an
7electronic notary public shall complete an electronic notarial
8certificate and attach or logically associate the electronic
9notary's electronic signature and seal to that certificate in
10a tamper evident manner. Evidence of tampering pursuant to
11this standard may be used to determine whether the electronic
12notarial act is valid or invalid.
13    (h) The liability, sanctions, and remedies for improper
14performance of electronic notarial acts are the same as
15described and provided by law for the improper performance of
16non-electronic notarial acts as described under Section 7-108.
17    (i) Electronic notarial acts need to fulfill certain basic
18requirements to ensure non-repudiation and the capability of
19being authenticated by the Secretary of State for purposes of
20issuing apostilles and certificates of authentication. The
21requirements are as follows:
22        (1) the fact of the electronic notarial act, including
23    the electronic notary's identity, signature, and
24    electronic commission status, must be verifiable by the
25    Secretary of State; and
26        (2) the notarized electronic document will be rendered

 

 

SB2664 Enrolled- 52 -LRB102 15608 RJF 20971 b

1    ineligible for authentication by the Secretary of State if
2    it is improperly modified after the time of electronic
3    notarization, including any unauthorized alterations to
4    the document content, the electronic notarial certificate,
5    the electronic notary public's electronic signature, or
6    the electronic notary public's official electronic seal.
 
7    (5 ILCS 312/6A-104 new)
8    Sec. 6A-104. Requirements for audio-video communication.
9    (a) An electronic notary public shall arrange for a
10recording to be made of each electronic notarial act performed
11using audio-video communication. The audio-video recording
12required by this Section shall be in addition to the journal
13entry for the electronic notarial act required by Section
143-107. Before performing any electronic notarial act using
15audio-video communication, the electronic notary public must
16inform all participating persons that the electronic
17notarization will be electronically recorded.
18    (b) If the person for whom the electronic notarial act is
19being performed is identified by personal knowledge, the
20recording of the electronic notarial act must include an
21explanation by the electronic notary public as to how he or she
22knows the person and how long he or she has known the person.
23    (c) If the person for whom the electronic notarial act is
24being performed is identified by a credible witness:
25        (1) the credible witness must appear before the

 

 

SB2664 Enrolled- 53 -LRB102 15608 RJF 20971 b

1    electronic notary public; and
2        (2) the recording of the electronic notarial act must
3    include:
4            (A) a statement by the electronic notary public as
5        to whether he or she identified the credible witness
6        by personal knowledge or satisfactory evidence; and
7            (B) an explanation by the credible witness as to
8        how he or she knows the person for whom the electronic
9        notarial act is being performed and how long he or she
10        has known the person.
11    (d) An electronic notary public shall keep a recording
12made pursuant to this Section for a period of not less than 7
13years, regardless of whether the electronic notarial act was
14actually completed.
15    (e) An electronic notary public who performs an electronic
16notarial act for a principal by means of audio-video
17communication shall be located within the State of Illinois at
18the time the electronic notarial act is performed. The
19electronic notary public shall include a statement in the
20electronic notarial certificate to indicate that the
21electronic notarial act was performed by means of audio-video
22communication. The statement may also be included in the
23electronic notarial seal.
24    (f) An electronic notary public who performs an electronic
25notarial act for a principal by means of audio-video
26communication shall:

 

 

SB2664 Enrolled- 54 -LRB102 15608 RJF 20971 b

1        (1) be located within this State at the time the
2    electronic notarial act is performed;
3        (2) execute the electronic notarial act in a single
4    recorded session that complies with Section 6A-103;
5        (3) be satisfied that any electronic record that is
6    electronically signed, acknowledged, or otherwise
7    presented for electronic notarization by the principal is
8    the same record electronically signed by the electronic
9    notary;
10        (4) be satisfied that the quality of the audio-video
11    communication is sufficient to make the determination
12    required for the electronic notarial act under this Act
13    and any other law of this State; and
14        (5) identify the venue for the electronic notarial act
15    as the jurisdiction within Illinois where the notary is
16    physically located while performing the act.
17    (g) An electronic notarization system used to perform
18electronic notarial acts by means of audio-video communication
19shall conform to the requirements set forth in this Act and by
20administrative rules adopted by the Secretary of State.
21    (h) The provisions of Section 3-107 related respectively
22to security, inspection, copying, and disposition of the
23journal shall also apply to security, inspection, copying, and
24disposition of audio-video recordings required by this
25Section.
26    (i) The Secretary of State shall adopt administrative

 

 

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1rules to implement this Section.
 
2    (5 ILCS 312/6A-105 new)
3    Sec. 6A-105. Electronic certificate of notarial acts.
4    (a) An electronic notarial certificate must be evidenced
5by an electronic notarial certificate signed and dated by the
6electronic notary public. The electronic notarial certificate
7must include identification of the jurisdiction in which the
8electronic notarial act is performed and the electronic seal
9of the electronic notary public.
10    (b) An electronic notarial certificate of an electronic
11notarial act is sufficient if it meets the requirements of
12subsection (a) and it:
13        (1) is in the short form set forth in 6-105;
14        (2) is in a form otherwise prescribed by the law of
15    this State; or
16        (3) sets forth the actions of the electronic notary
17    public and those are sufficient to meet the requirements
18    of the designated electronic notarial act.
19    (c) At the time of an electronic notarial act, an
20electronic notary public shall electronically sign every
21electronic notarial certificate and electronically affix the
22electronic seal clearly and legibly, so that it is capable of
23photographic reproduction. The illegibility of any of the
24information required under this Section does not affect the
25validity of a transaction.
 

 

 

SB2664 Enrolled- 56 -LRB102 15608 RJF 20971 b

1    (5 ILCS 312/6A-106 new)
2    Sec. 6A-106. Electronic acknowledgments; physical
3presence.
4    (a) For purposes of this Act, a person may appear before
5the person taking the acknowledgment by:
6        (1) being in the same physical location as the other
7    person and close enough to see, hear, communicate with,
8    and exchange tangible identification credentials with that
9    person; or
10        (2) being outside the physical presence of the other
11    person, but interacting with the other person by means of
12    communication technology.
13    (b) If the acknowledging person is outside the physical
14presence of the person taking the acknowledgment, the
15certification of acknowledgment must indicate that the
16notarial act was performed by means of communication
17technology. A form of certificate of acknowledgment as
18provided by the Secretary of State, which may include the use
19of a remote online notarial certificate, is sufficient for
20purposes of this subsection (b) if it substantially reads as
21follows: "The foregoing instrument was acknowledged before me
22by means of communication technology this (date) by … (each
23form continued as sufficient for its respective purposes.)".
 
24    (5 ILCS 312/7-106)  (from Ch. 102, par. 207-106)

 

 

SB2664 Enrolled- 57 -LRB102 15608 RJF 20971 b

1    Sec. 7-106. Willful Impersonation.
2    (a) Any person who acts as, or otherwise willfully
3impersonates, a notary public while not lawfully appointed and
4commissioned to perform notarial acts is guilty of a Class A
5misdemeanor.
6    (b) Any notary public or other person who is not an
7electronic notary public that impersonates an electronic
8notary public to perform electronic notarial acts is guilty of
9a Class A misdemeanor.
10(Source: P.A. 84-322.)
 
11    (5 ILCS 312/7-107)  (from Ch. 102, par. 207-107)
12    Sec. 7-107. Wrongful Possession.
13    (a) No person may unlawfully possess, obtain, conceal,
14damage, or destroy a notary's official seal. Any person who
15unlawfully possesses a notary's official seal is guilty of a
16misdemeanor and punishable upon conviction by a fine not
17exceeding $1,000.
18    (b) No person may unlawfully possess, conceal, damage, or
19destroy the certificate, disk, coding, card, program,
20software, or hardware enabling an electronic notary public to
21affix an official electronic signature or seal.
22    (c) Any person who violates this Section shall be guilty
23of a misdemeanor and punishable upon conviction by a fine not
24exceeding $1,000.
25(Source: P.A. 84-322.)
 

 

 

SB2664 Enrolled- 58 -LRB102 15608 RJF 20971 b

1    (5 ILCS 312/7-108)  (from Ch. 102, par. 207-108)
2    Sec. 7-108. Reprimand, suspension, and revocation of
3commission.
4    (a) The Secretary of State may revoke the commission of
5any notary public who, during the current term of appointment:
6        (1) submits an application for commission and
7    appointment as a notary public which contains substantial
8    and material misstatement or omission of fact; or
9        (2) is convicted of any felony, misdemeanors,
10    including those defined in Part C, Articles 16, 17, 18,
11    19, and 21, and Part E, Articles 31, 32, and 33 of the
12    Criminal Code of 2012, or official misconduct under this
13    Act; or .
14        (3) is a licensed attorney and has been sanctioned,
15    suspended, or disbarred by the Illinois Attorney
16    Registration and Disciplinary Commission or the Illinois
17    Supreme Court.
18    (b) Whenever the Secretary of State believes that a
19violation of this Article has occurred, he or she may
20investigate any such violation. The Secretary may also
21investigate possible violations of this Article upon a signed
22written complaint on a form designated by the Secretary.
23    (c) A notary's failure to cooperate or respond to an
24investigation by the Secretary of State is a failure by the
25notary to fully and faithfully discharge the responsibilities

 

 

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1and duties of a notary and shall result in suspension or
2revocation of the notary's commission or the electronic
3notary's commission.
4    (d) All written complaints which on their face appear to
5establish facts which, if proven true, would constitute an act
6of misrepresentation or fraud in notarization or electronic
7notarization, or misrepresentation or fraud on the part of the
8notary, may shall be investigated by the Secretary of State to
9determine whether cause exists to reprimand, suspend, or
10revoke the commission of the notary.
11    (e) The Secretary of State may deliver a written official
12warning and reprimand to a notary, or may revoke or suspend a
13notary's commission or an electronic notary's commission, for
14any of the following:
15        (1) a notary's official misconduct, as defined under
16    Section 7-104;
17        (2) any ground for which an application for
18    appointment as a notary may be denied for failure to
19    complete application requirements as provided under
20    Section 2-102;
21        (3) any prohibited act provided under Section 6-104;
22    or
23        (4) a violation of any provision of the general
24    statutes.
25    (f) After investigation and upon a determination by the
26Secretary of State that one or more prohibited acts have been

 

 

SB2664 Enrolled- 60 -LRB102 15608 RJF 20971 b

1performed in the notarization or electronic notarization of a
2document, the Secretary shall, after considering the extent of
3the prohibited act and the degree of culpability of the
4notary, order one or more of the following courses of action:
5        (1) issue a letter of warning to the notary, including
6    the Secretary's findings;
7        (2) order suspension of the commission of the notary
8    or electronic commission of the notary for a period of
9    time designated by the Secretary;
10        (3) order revocation of the commission of the notary
11    or electronic commission of the notary;
12        (4) refer the allegations to the appropriate State's
13    Attorney's Office or the Attorney General for criminal
14    investigation; or
15        (5) refer the allegations to the Illinois Attorney
16    Registration and Disciplinary Commission for disciplinary
17    proceedings.
18    (g) After a notary receives notice from the Secretary of
19State that his or her commission has been revoked, that notary
20shall immediately deliver his or her official seal to the
21Secretary. After an electronic notary public receives notice
22from the Secretary of State that his or her electronic
23commission has been revoked, the electronic notary public
24shall immediately notify the electronic notary's chosen
25technology provider, and to the extent possible, destroy or
26remove the software used for electronic notarizations.

 

 

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1    (h) A notary whose appointment has been revoked due to a
2violation of this Act shall not be eligible for a new
3commission as a notary public in this State for a period of at
4least 5 years from the date of the final revocation.
5    (i) A notary may voluntarily resign from appointment by
6notifying the Secretary of State in writing of his or her
7intention to do so, and by physically returning his or her
8stamp to the Secretary. An electronic notary public may
9voluntarily resign from appointment by notifying the Secretary
10of State in writing of his or her intention to do so, and by
11notifying the electronic notary's chosen technology provider,
12and to the extent possible, destroy or remove the software
13used for electronic notarizations. A voluntary resignation
14shall not stop or preclude any investigation into a notary's
15conduct, or prevent further suspension or revocation by the
16Secretary, who may pursue any such investigation to a
17conclusion and issue any finding.
18    (j) Upon a determination by a sworn law enforcement
19officer that the allegations raised by the complaint are
20founded, and the notary has received notice of suspension or
21revocation from the Secretary of State, the notary is entitled
22to an administrative hearing.
23    (k) The Secretary of State shall adopt administrative
24hearing rules applicable to this Section that are consistent
25with the Illinois Administrative Procedure Act.
26    (l) Any revocation, resignation, expiration, or suspension

 

 

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1of the commission of a notary public terminates or suspends
2any commission to notarize electronically.
3    (m) A notary public may terminate registration to notarize
4electronically and maintain his or her underlying notary
5public commission upon directing a written notification of the
6change to the Secretary of State within 30 days.
7(Source: P.A. 100-809, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
8    (5 ILCS 312/7-110 new)
9    Sec. 7-110. Applicable law; conflict of law.
10    (a) The validity of any notarization, including an
11electronic notarization, shall be determined by applying the
12laws of this State, regardless of the physical location of the
13principal at the time of a remote notarization.
14    (b) An electronic notary public authorized to perform
15electronic notarizations is subject to and must comply with
16this Act.
17    (c) If a conflict between a provision of this Section and
18another law of this State, this Section controls.
 
19    (5 ILCS 312/2-106 rep.)
20    Section 10. The Illinois Notary Public Act is amended by
21repealing Section 2-106.
 
22    Section 15. The State Finance Act is amended by adding
23Section 5.938 as follows:
 

 

 

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1    (30 ILCS 105/5.938 new)
2    Sec. 5.938. The Electronic Notarization Fund.
 
3    Section 20. The Counties Code is amended by changing
4Section 4-4001 as follows:
 
5    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
6    Sec. 4-4001. County clerks; counties of first and second
7class. The fees of the county clerk in counties of the first
8and second class, except when increased by county ordinance
9pursuant to the provisions of this Section, shall be:
10        For each official copy of any process, file, record or
11    other instrument of and pertaining to his office, 50˘ for
12    each 100 words, and $1 additional for certifying and
13    sealing the same.
14        For filing any paper not herein otherwise provided
15    for, $1, except that no fee shall be charged for filing a
16    Statement of economic interest pursuant to the Illinois
17    Governmental Ethics Act or reports made pursuant to
18    Article 9 of the Election Code.
19        For issuance of fireworks permits, $2.
20        For issuance of liquor licenses, $5.
21        For filing and recording of the appointment and oath
22    of each public official, $3.
23        For officially certifying and sealing each copy of any

 

 

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1    process, file, record or other instrument of and
2    pertaining to his office, $1.
3        For swearing any person to an affidavit, $1.
4        For issuing each license in all matters except where
5    the fee for the issuance thereof is otherwise fixed, $4.
6        For issuing each civil union or marriage license, the
7    certificate thereof, and for recording the same, including
8    the recording of the parent's or guardian's consent where
9    indicated, a fee to be determined by the county board of
10    the county, not to exceed $75, which shall be the same,
11    whether for a civil union or marriage license. $5 from all
12    civil union and marriage license fees shall be remitted by
13    the clerk to the State Treasurer for deposit into the
14    Domestic Violence Fund.
15        For taking and certifying acknowledgments to any
16    instrument, except where herein otherwise provided for,
17    $1.
18        For issuing each certificate of appointment or
19    commission, the fee for which is not otherwise fixed by
20    law, $1.
21        For cancelling tax sale and issuing and sealing
22    certificates of redemption, $3.
23        For issuing order to county treasurer for redemption
24    of forfeited tax, $2.
25        For trying and sealing weights and measures by county
26    standard, together with all actual expenses in connection

 

 

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1    therewith, $1.
2        For services in case of estrays, $2.
3        The following fees shall be allowed for services
4    attending the sale of land for taxes, and shall be charged
5    as costs against the delinquent property and be collected
6    with the taxes thereon:
7        For services in attending the tax sale and issuing
8    certificate of sale and sealing the same, for each tract
9    or town lot sold, $4.
10        For making list of delinquent lands and town lots
11    sold, to be filed with the Comptroller, for each tract or
12    town lot sold, 10˘.
13    The county board of any county of the first or second class
14may by ordinance authorize the county clerk to impose an
15additional $2 charge for certified copies of vital records as
16defined in Section 1 of the Vital Records Act, for the purpose
17of developing, maintaining, and improving technology in the
18office of the County Clerk.
19    The foregoing fees allowed by this Section are the maximum
20fees that may be collected from any officer, agency,
21department or other instrumentality of the State. The county
22board may, however, by ordinance, increase the fees allowed by
23this Section and also the notary public recordation fees
24allowed by Section 2-106 of the Illinois Notary Public Act and
25the indexing and filing of assumed name certificate fees
26allowed by Section 3 of the Assumed Business Name Act and

 

 

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1collect such increased fees from all persons and entities
2other than officers, agencies, departments and other
3instrumentalities of the State if the increase is justified by
4an acceptable cost study showing that the fees allowed by
5these Sections are not sufficient to cover the cost of
6providing the service.
7    A Statement of the costs of providing each service,
8program and activity shall be prepared by the county board.
9All supporting documents shall be public record and subject to
10public examination and audit. All direct and indirect costs,
11as defined in the United States Office of Management and
12Budget Circular A-87, may be included in the determination of
13the costs of each service, program and activity.
14    The county clerk in all cases may demand and receive the
15payment of all fees for services in advance so far as the same
16can be ascertained.
17    The county board of any county of the first or second class
18may by ordinance authorize the county treasurer to establish a
19special fund for deposit of the additional charge. Moneys in
20the special fund shall be used solely to provide the
21equipment, material and necessary expenses incurred to help
22defray the cost of implementing and maintaining such document
23storage system.
24(Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11;
2597-986, eff. 8-17-12.)
 

 

 

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1    Section 25. The Uniform Real Property Electronic Recording
2Act is amended by changing Section 2 and by adding Section 3.5
3as follows:
 
4    (765 ILCS 33/2)
5    Sec. 2. Definitions. In this Act:
6        (1) "Document" means information that is:
7            (A) inscribed on a tangible medium or that is
8        stored in an electronic or other medium and is
9        retrievable in perceivable form; and
10            (B) eligible to be recorded in the land records
11        maintained by the county recorder.
12        (2) "Electronic" means relating to technology having
13    electrical, digital, magnetic, wireless, optical,
14    electromagnetic, or similar capabilities.
15        (3) "Electronic document" means a document created,
16    generated, sent, communicated, received, or stored by
17    electronic means that is received by the recorder in an
18    electronic form.
19        (4) "Electronic signature" means an electronic sound,
20    symbol, or process attached to or logically associated
21    with a document and executed or adopted by a person with
22    the intent to sign the document.
23        (5) "Person" means an individual, corporation,
24    business trust, estate, trust, partnership, limited
25    liability company, association, joint venture, public

 

 

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1    corporation, government, or governmental subdivision,
2    agency, or instrumentality, or any other legal or
3    commercial entity.
4        (6) "State" means a state of the United States, the
5    District of Columbia, Puerto Rico, the United States
6    Virgin Islands, or any territory or insular possession
7    subject to the jurisdiction of the United States.
8        (7) "Secretary" means the Secretary of State.
9        (8) "Commission" means the Illinois Electronic
10    Recording Commission.
11    Any notifications required by this Act must be made in
12writing and may be communicated by certified mail, return
13receipt requested or electronic mail so long as receipt is
14verified.
15(Source: P.A. 95-472, eff. 8-27-07.)
 
16    (765 ILCS 33/3.5 new)
17    Sec. 3.5. Electronic documents certified by notary public.
18    (a) A paper or tangible copy of an electronic document
19that a notary public has certified to be a true and correct
20copy under subsection (b) satisfies any requirement of law
21that, as a condition for recording, the document:
22        (1) be an original or be in writing;
23        (2) be signed or contain an original signature, if the
24    document contains an electronic signature of the person
25    required to sign the document; and

 

 

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1        (3) be notarized, acknowledged, verified, witnessed,
2    or made under oath, if the document contains an electronic
3    signature of the person authorized to perform that act,
4    and all other information required to be included.
5    (b) A notary public duly appointed and commissioned under
6Section 2-101 of the Illinois Notary Public Act may certify
7that a paper or tangible copy of an electronic document is a
8true and correct copy of the electronic document if the notary
9public has:
10        (1) reasonably confirmed that the electronic document
11    is in a tamper evident format;
12        (2) detected no changes or errors in any electronic
13    signature or other information in the electronic document;
14        (3) personally printed or supervised the printing of
15    the electronic document onto paper or other tangible
16    medium; or
17        (4) not made any changes or modifications to the
18    electronic document or to the paper or tangible copy
19    thereof other than the certification described in this
20    subsection (b).
21    (c) A county recorder shall accept for recording a paper
22or tangible copy of a document that has been certified by a
23notary public to be a true and correct copy of an electronic
24document under subsection (b) as evidenced by a notarial
25certificate.
26    (d) A notarial certificate in substantially the following

 

 

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1form is sufficient for the purposes of this Section:
 
2"State of....................................................
 
3County of....................................................
 
4On this.....(date), I certify that the foregoing and annexed
5document [entitled............,] (and) containing
6............pages is a true and correct copy of an electronic document
7printed by me or under my supervision. I further certify that,
8at the time of printing, no security features present on the
9electronic document indicated any changes or errors in an
10electronic signature or other information in the electronic
11document since its creation or execution.
 
12.............................................................
13(Signature of Notary Public)
14(Seal)"
15    (f) If a notarial certificate is attached to or made a part
16of a paper or tangible document, the certificate is prima
17facie evidence that the requirements of subsection (c) have
18been satisfied with respect to the document.
19    (g) A paper or tangible copy of a deed, mortgage, or other
20document shall be deemed, from the time of being filed for
21record, as notice to subsequent purchasers and creditors,
22though it may not be certified in accordance with the

 

 

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1provisions of this Section.
2    (h) This Section does not apply to any map or plat governed
3by the Plat Act, the Judicial Plat Act, or the Permanent Survey
4Act, or to any monument record governed by the Land Survey
5Monuments Act.
 
6    Section 99. Effective date. This Act takes effect on the
7later of: (1) January 1, 2022; or (2) the date on which the
8Office of the Secretary of State files with the Index
9Department of the Office of the Secretary of State a notice
10that the Office of the Secretary of State has adopted the rules
11necessary to implement this Act, and upon the filing of the
12notice, the Index Department shall provide a copy of the
13notice to the Legislative Reference Bureau; except that, the
14changes to Sections 1-106, 2-103, and 2-106 of the Illinois
15Notary Public Act take effect July 1, 2022.