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

SB2664sam001 102ND GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 4/16/2021

 

 


 

 


 
10200SB2664sam001LRB102 15608 RJF 25356 a

1
AMENDMENT TO SENATE BILL 2664

2    AMENDMENT NO. ______. Amend Senate Bill 2664 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1Appeals under 8 C.F.R. 292.29(a) and employees of those
2organizations accredited under 8 C.F.R. 292.29(d).
3    "Acknowledgment" means a declaration by an individual
4before a notarial officer that the individual has signed a
5record for the purpose stated in the record and, if the record
6is signed in a representative capacity, that the individual
7signed the record with proper authority and signed it as the
8act of the individual or entity identified in the record.
9    "Audio-video communication" means communication by which a
10person is able to see, hear, and communicate with another
11person in real time using electronic means.
12    "Communication technology" means an electronic device or
13process that allows a notary public and a remotely located
14individual to communicate with each other simultaneously by
15audio-video communication.
16    "Credential" means a tangible record evidencing the
17identity of a person, including a valid and unexpired
18identification card or other document issued by the federal
19government or any state government that contains the
20photograph and signature of the principal.
21    "Digital certificate" means a computer-based record or
22electronic file to a notary public or applicant for commission
23as an electronic notary public for the purpose of creating an
24official electronic signature. The digital certificate shall
25be kept in the exclusive control of the electronic notary
26public.

 

 

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1    "Dynamic knowledge based authentication assessment" means
2an identity assessment that is based on a set of questions
3formulated from public or private data sources for which the
4person taking the assessment has not previously provided an
5answer that meets any rules adopted by the Secretary of State.
6    "Electronic" means of or relating to technology having
7electrical, digital, magnetic, wireless, optical,
8electromagnetic, or similar capabilities.
9    "Electronic document" means information that is created,
10generated, sent, communicated, received, or stored by
11electronic means.
12    "Electronic notarial act" means an act that an electronic
13notary public of this State is authorized to perform. The term
14includes:
15        (1) taking an acknowledgment;
16        (2) administering an oath or affirmation;
17        (3) executing a jurat;
18        (4) certifying a true and correct copy; and
19        (5) performing such other duties as may be prescribed
20    by a specific statute.
21    "Electronic notarial certificate" means the portion of a
22notarized electronic document that is completed by an online
23notary public and contains the following:
24        (1) the electronic notary public's electronic
25    signature, electronic seal, title, and commission
26    expiration date;

 

 

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1        (2) other required information concerning the date and
2    placement of the electronic notarization; and
3        (3) the facts attested to or certified by the
4    electronic notary public in the particular notarization.
5    "Electronic notarial certificate" includes the form of an
6acknowledgment, jurat, verification on oath or affirmation, or
7verification of witness or attestation that is completed
8remotely by an electronic notary public and:
9        (1)contains the electronic notary's electronic
10    signature, electronic seal, title and commission, and
11    expiration date;
12        (2)contains other required information concerning the
13    date and place of the electronic notarization;
14        (3)otherwise conforms to the requirements for an
15    acknowledgment, jurat, verification on oath or
16    affirmation, or verification of witness or attestation
17    under the laws of this State; and
18        (4)indicates that the person making the
19    acknowledgment, oath, or affirmation appeared.
20    "Electronic notarization system" means a set of
21applications, programs, hardware, software, or technology to
22enable an electronic notary to perform electronic notarial
23acts through audio-video communication.
24    "Electronic notary public" means a person commissioned by
25the Secretary of State to perform electronic notarial acts.
26    "Electronic presentation" means the transmission of a

 

 

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1quality image of a government-issued identification credential
2to an electronic notary public through communication
3technology for the purpose of enabling the electronic notary
4public to identify the person appearing before the electronic
5notary public and to perform a credential analysis.
6    "Electronic record" means a record created, generated,
7sent, communicated, received, or stored by electronic means.
8    "Electronic seal" means information within a notarized
9electronic document that includes the names, commission
10number, jurisdiction, and expiration date of the commission of
11an electronic notary public and generally includes the
12information required to be set forth in a mechanical stamp
13under subsection (b-5) of Section 3-101.
14    "Electronic signature" means the official signature of the
15commissioned notary that is on file with the Secretary of
16State and has been reduced to an electronic format that may be
17attached to or logically associated with a record and executed
18or adopted by an individual with the intent to sign the record.
19    "Identity proofing" means a process or service operating
20according to criteria approved by the Secretary of state
21through which a third person affirms the identity of an
22individual through review of personal information from public
23and proprietary data sources, including (a) by means of
24dynamic knowledge-based authentication, such as a review of
25personal information from public or proprietary data sources;
26or (b) by means of analysis of biometric data, such as, but not

 

 

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1limited to, facial recognition, voiceprint analysis, or
2fingerprint analysis.
3    "In the presence of" or "appear before" means:
4        (1) being in the same physical location as another
5    person and close enough to see, hear, communicate with and
6    exchange credentials with that person; or
7        (2)being in a different physical location from another
8    person, but able to see, hear, and communicate with the
9    person by means of audio-video communication that meets
10    any rules adopted by the Secretary of State.
11    "Notarial act" means an act, whether performed with
12respect to a tangible or electronic record, that a notary
13public, a remote notary public, or an electronic notary public
14may perform under the laws of this State. "Notary act"
15includes taking an acknowledgment, administering an oath, or
16affirmation, taking a verification on oath, or affirmation,
17witnessing or attesting a signature, certifying or attesting a
18copy, and noting a protest of a negotiable instrument.
19    "Notary public" or "notary" means an individual
20commissioned to perform notarial acts.
21    "Notarization" means the performance of a notarial act.
22    "Outside the United States" means a location outside of
23the geographic boundaries of a state or commonwealth of the
24United States, the District of Columbia, Puerto Rico, the
25United States Virgin Islands, and any territory, or insular
26possession, or other location subject to the jurisdiction of

 

 

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1the United States.
2    "Principal" means an individual:
3        (1) whose signature is notarized; or
4        (2) taking an oath or affirmation from the notary but
5    not in the capacity of a witness for the notarization.
6    "Public key certificate" means an electronic credential
7which is used to identify an individual who signed an
8electronic record with the certificate.
9    "Real time" means the actual span of uninterrupted time
10during which all parts of an electronic notarial act occur.
11    "Remote notarial act" means a notarial act that is done by
12way of audio-video communication technology that allows for
13direct, contemporaneous interaction between the individual
14signing the document (the signatory) and the witness by sight
15and sound but that requires the notary public to use his or her
16physical stamp and seal to notarize the document without the
17aid of an electronic seal or signature.
18    "Remote notary public" means any notary public that
19performs a remote notarial act.
20    "Tamper evident" means that any change to an electronic
21document shall display evidence of the change.
22    "Unique to the electronic notary public" and "sole
23control" mean, with respect to an electronic notarization that
24the signing device used to affix the electronic signature of
25the electronic notary public and to render the official
26electronic seal information tamper evident must be accessible

 

 

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1by and attributable solely to the electronic notary public to
2the exclusion of all other persons and entities for the
3necessary period of time that such device is engaged and
4operating to effectuate the authorized electronic
5notarization.
6    (a) The terms "notary public" and "notary" are used
7interchangeably to mean any individual appointed and
8commissioned to perform notarial acts.
9    (b) "Notarization" means the performance of a notarial
10act.
11    (c) "Accredited immigration representative" means a
12not-for-profit organization recognized by the Board of
13Immigration Appeals under 8 C.F.R. 292.2(a) and employees of
14those organizations accredited under 8 C.F.R. 292.2(d).
15(Source: P.A. 93-1001, eff. 8-23-04.)
 
16    (5 ILCS 312/1-106 new)
17    Sec. 1-106. Electronic Notarization Fund. The Electronic
18Notarization Fund is created as a special fund in the State
19treasury. Moneys in the Electronic Notarization Fund during
20the preceding calendar year, shall be distributed, subject to
21appropriation, to the Secretary of State to fund the
22Department of Index's implementation of the electronic
23notarization commissions. This Section is effective on and
24after July 1, 2022.
 

 

 

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1    (5 ILCS 312/2-101)  (from Ch. 102, par. 202-101)
2    Sec. 2-101. Appointment.
3    (a) The Secretary of State may appoint and commission as
4notaries public for a 4-year term as many persons resident in a
5county in this State as he deems necessary. The Secretary of
6State may appoint and commission as notaries public for a
7one-year term as many persons who are residents of a state
8bordering Illinois whose place of work or business is within a
9county in this State as the Secretary deems necessary, but
10only if the laws of that state authorize residents of Illinois
11to be appointed and commissioned as notaries public in that
12state.
13    (b) A notary public commissioned in this State may apply
14for an electronic notary public commission to perform
15electronic notarial acts with the name that appears on the
16notary's commission.
17    (c) An individual may apply for a notary public commission
18and apply for an electronic notary public commission at the
19same time.
20    (d) Any notary or electronic notary appointed by the
21Secretary of State may elect not to perform a notarial act or
22an electronic notarial act for any reason.
23    (e) The commission of a notary public and an electronic
24notary public shall have the same term pursuant to subsection
25(a).
26    (f) The electronic notary public commission of a notary

 

 

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1public is suspended by operation of law when the notary public
2is no longer appointed and commissioned as a notary public in
3this State under this Act. If the commission of the notary
4public has been revoked or suspended, the Secretary of State
5shall immediately notify the notary public in writing that his
6or her commission as a notary public and as an electronic
7notary public will be suspended by operation of law until he or
8she is reappointed.
9(Source: P.A. 91-818, eff. 6-13-00.)
 
10    (5 ILCS 312/2-101.5 new)
11    Sec. 2-101.5. Course of study and examination.
12    (a) Applicants applying for the first time as a notary
13public or as an electronic notary public or applying to renew
14his or her appointment as a notary public or as an electronic
15notary public shall:
16        (1) complete any course of study on notarization and
17    electronic notarization that is required by the Secretary
18    of State; and
19        (2) pass an examination at the completion of the
20    course.
21    (b) The Secretary of State shall have the authority to
22adopt administrative rules mandating a course of study and
23examination and establishing the course of study content,
24length of the course of study to be required, and to approve
25any course of study providers.
 

 

 

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1    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
2    Sec. 2-102. Application.
3    (a) Application for notary public commission. Every
4applicant for appointment and commission as a notary shall
5complete an application in a format prescribed by the
6Secretary of State to be filed with the Secretary of State,
7stating:
8        (1) (a) the applicant's official name, as it appears
9    on his or her current driver's license or state-issued
10    identification card;
11        (2) (b) the county in which the applicant resides or,
12    if the applicant is a resident of a state bordering
13    Illinois, the county in Illinois in which that person's
14    principal place of work or principal place of business is
15    located;
16        (3) (c) the applicant's residence address, as it
17    appears on his or her current driver's license or
18    state-issued identification card;
19        (4) the applicant's e-mail address;
20        (5) (c-5) the applicant's business address if
21    different than the applicant's residence address, if
22    performing notarial acts constitutes any portion of the
23    applicant's job duties;
24        (6) (d) that the applicant has resided in the State of
25    Illinois for 30 days preceding the application or that the

 

 

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1    applicant who is a resident of a state bordering Illinois
2    has worked or maintained a business in Illinois for 30
3    days preceding the application;
4        (7) (e) that the applicant is a citizen of the United
5    States or an alien lawfully admitted for permanent
6    residence in the United States;
7        (8) (f) the applicant's date of birth;
8        (9) (g) that the applicant is proficient in the able
9    to read and write the English language;
10        (10) that the applicant has not had a prior
11    application or commission revoked due to a finding or
12    decision by the Secretary of State (h) that the applicant
13    has never been the holder of a notary public appointment
14    that was revoked or suspended during the past 10 years;
15        (11) (i) that the applicant has not been convicted of
16    a felony;
17        (12) (i-5) that the applicant's signature authorizes
18    the Office of the Secretary of State to conduct a
19    verification to confirm the information provided in the
20    application, including a criminal background check of the
21    applicant, if necessary; and
22        (13) that the applicant has provided satisfactory
23    proof to the Secretary of State that the applicant has
24    successfully completed any required course of study on
25    notarization; and
26        (14) (j) any other information the Secretary of State

 

 

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1    deems necessary.
2    (b) Any notary appointed under subsection (a) shall have
3the authority to conduct remote notarizations.
4    (c) Application for electronic notary public commission.
5An application for an electronic notary public commission must
6be filed with the Secretary of State in a manner prescribed by
7the Secretary of State. Every applicant for appointment and
8commission as an electronic notary public shall complete an
9application to be filed with the Secretary of State, stating:
10        (1) all information required to be included in an
11    application for appointment as an electronic notary
12    public, as provided under subsection (a);
13        (2) that the applicant is commissioned as a notary
14    public under this Act;
15        (3) the applicant's email address;
16        (4) that the applicant has provided satisfactory proof
17    to the Secretary of State that the applicant has
18    successfully completed any required course of study on
19    electronic notarization and passed a qualifying
20    examination;
21        (5) a description of the technology or device that the
22    applicant intends to use to create his or her electronic
23    signature in performing electronic notarial acts;
24        (6) the electronic signature of the applicant; and
25        (7) any other information the Secretary of State deems
26    necessary.

 

 

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1    (d) Electronic notarial acts. Before an electronic notary
2public performs an electronic notarial act using audio-video
3communication, he or she must be granted an electronic notary
4public commission by the Secretary of State under this
5Section, and identify the technology that the electronic
6notary public intends to sue, which must be approved by the
7Secretary of State.
8    (e) Approval of commission. Upon the applicant's
9fulfillment of the requirements for a notarial commission or
10an electronic notary public commission, the Secretary of State
11shall approve the commission and issue to the applicant a
12unique commission number.
13    (f) Rejection of application. The Secretary of State may
14reject an application for a notarial commission or an
15electronic notary public commission if the applicant fails to
16comply with any Section of this Act.
17(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
 
18    (5 ILCS 312/2-102.5)
19    Sec. 2-102.5. Online notary public application system.
20    (a) The Secretary of State may establish and maintain an
21online application system that permits an Illinois resident to
22apply for appointment and commission as a notary public or
23electronic notary public.
24    (b) Any such online notary public application system shall
25employ security measures to ensure the accuracy and integrity

 

 

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

 

 

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

 

 

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1        (1) that the applicant has an authentic Illinois
2    driver's license or Illinois Identification Card issued by
3    the Secretary of State and that the driver's license or
4    Illinois Identification Card number provided by the
5    applicant matches the driver's license or Illinois
6    Identification Card number for that person on file with
7    the Secretary of State;
8        (2) that the date of issuance of the Illinois driver's
9    license or Illinois Identification Card listed on the
10    application matches the date of issuance of that license
11    or card for that person on file with the Secretary of
12    State;
13        (3) that the date of birth provided by the applicant
14    matches the date of birth for that person on file with the
15    Secretary of State; and
16        (4) that the residence address provided by the
17    applicant matches the residence address for that person on
18    file with the Secretary of State; and .
19        (5) the last 4 digits of the applicant's social
20    security number.
21    (g) If the information provided by the applicant matches
22all of the criteria identified in subsection (f) of this
23Section, the online notary public application system shall
24retrieve from the Secretary of State's database files an
25electronic copy of the applicant's signature from his or her
26Illinois driver's license or Illinois Identification Card and

 

 

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1such signature shall be deemed to be the applicant's signature
2on his or her online notary public application.
3(Source: P.A. 99-112, eff. 1-1-16.)
 
4    (5 ILCS 312/2-102.6 new)
5    Sec. 2-102.6. Database of notaries public. The Secretary
6of State may maintain a database of notaries public on a
7publicly-accessible website which: (1) any interested person
8may use to verify the authority and good standing of a listed
9individual to perform notarial acts; (2) indicates whether a
10notary holds a valid electronic commission and is able to
11lawfully perform electronic notarial acts; and (3) describes
12any administrative or disciplinary action taken against the
13notary by the Secretary of State.
 
14    (5 ILCS 312/2-102.7 new)
15    Sec. 2-102.7. Registration of electronic notarization
16technology.
17    (a) Notaries holding an electronic notary public
18commission shall register the capability to notarize
19electronically before performing any electronic notarial acts
20with the Secretary of State. The registration shall be made
21with the Secretary of State every time an electronic notary
22public adopts a new or additional technology with which to
23perform electronic notarial acts and the technology or vendor
24must first be approved by the Secretary of State.

 

 

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1    (b)Prior to any electronic notarial acts being performed
2in this State, the vendor of electronic notarization
3technology must submit the technology to the Secretary of
4State and receive approval by the Secretary of State for use in
5this State.
6    (c) The Secretary of State shall adopt rules applicable to
7this Section, setting forth the standards electronic notary
8platforms must achieve to be approved for use in the State of
9Illinois and requirements with which vendors of electronic
10notary platforms must comply.
 
11    (5 ILCS 312/2-103)  (from Ch. 102, par. 202-103)
12    Sec. 2-103. Appointment Fee.
13    (a) Every applicant for appointment and commission as a
14notary public shall pay to the Secretary of State a fee of $15
15$10. Ten dollars from each applicant fee shall be deposited in
16the General Revenue Fund. Five dollars from each applicant fee
17shall be deposited in the Electronic Notarization Fund.
18    (b) Every applicant for a commission as an electronic
19notary public shall pay to the Secretary of State a fee of $25.
20This fee is in addition to the fee proscribed for a commission
21as a notary public and shall be deposited in the Electronic
22Notarization Fund.
23    (c) The changes made to this Section by this amendatory
24Act of the 102nd General Assembly are effective on and after
25July 1, 2022.

 

 

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1(Source: P.A. 85-1396.)
 
2    (5 ILCS 312/2-104)  (from Ch. 102, par. 202-104)
3    Sec. 2-104. Oath.
4    (a) Every applicant for appointment and commission as a
5notary public shall take the following oath:
6    "I, (name of applicant), solemnly affirm, under the
7penalty of perjury, that the answers to all questions in this
8application are true, complete, and correct; that I have
9carefully read the notary law of this State; and that, if
10appointed and commissioned as a notary public, I will perform
11faithfully, to the best of my ability, all notarial acts in
12accordance with the law.".
13    (b) In the event that the applicant completes a paper
14application for appointment and commission as a notary public,
15he or she shall take the oath in the presence of a person
16qualified to administer an oath in this State. The printed
17oath shall be followed by the signature of the applicant and
18notarized as follows:
19    " ................. (Signature of applicant)
20    State of Illinois
21    County of (name of county where the notarization is
22completed)
23    Subscribed and affirmed before me on (insert date) by
24(name of person who signature is being notarized).
25    ................... (Official signature and official seal

 

 

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1of notary)".
2    (c) In the event that the applicant completes an online
3application for appointment and commission as a notary public,
4he or she shall affirm the oath electronically. An electronic
5affirmation of the oath in the online notary public
6application system shall have the same force and effect as an
7oath sworn and affirmed in person.
8(Source: P.A. 99-112, eff. 1-1-16.)
 
9    (5 ILCS 312/2-105)  (from Ch. 102, par. 202-105)
10    Sec. 2-105. Bond.
11    (a) Every application for appointment and commission as a
12notary public shall be accompanied by or logically associated
13with an executed bond commencing on the date of the
14appointment with a term of 4 years, in the sum of $5,000, with,
15as surety thereon, a company qualified to write surety bonds
16in this State. The bond shall be conditioned upon the faithful
17performance of all notarial acts in accordance with this Act.
18The Secretary of State may prescribe an official bond form.
19    (b) A notary public that performs notarizations either
20remotely or electronically and by means of audio-video
21communication shall obtain and maintain a surety bond in the
22amount of $25,000 from a surety or insurance company licensed
23to do business in this State, and this bond shall be
24exclusively conditioned on the faithful performance of remote
25notarial acts or electronic notarial acts by means of

 

 

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1audio-video communication. When a notary is required to hold
2both the $5,000 bond and the $25,000 bond, one bond totaling
3$30,000 shall satisfy the provisions of this Section.
4    (c) The bonding company issuing the bond to a notary
5public or an electronic notary public shall submit
6verification of the bond information for the notary to the
7Secretary of State in a format prescribed by the Secretary of
8State.
9    (d) In addition to the surety bond, a notary public shall
10maintain an errors and omissions insurance policy from an
11insurer authorized to transact business in this State, in the
12minimum amount of $25,000 and on such terms as are specified by
13the Secretary by rule and that are reasonably necessary to
14protect the public. The applicant shall provide evidence of
15this insurance policy to the Secretary of State on a form
16prescribed by the Secretary of State.
17(Source: P.A. 84-322.)
 
18    (5 ILCS 312/2-107)
19    Sec. 2-107. Notary public remittance agent.
20    (a) Every company, corporation, association, organization,
21or person that remits notary public applications to the
22Secretary of State on behalf of applicants for appointment and
23commission as a notary public, for compensation or otherwise,
24shall comply with standards to qualify for licensure as a
25notary public remittance agent.

 

 

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1    (b) The Secretary of State shall adopt rules describing
2the requirements for a notary public remittance agent to be
3licensed in the State of Illinois. The standards to qualify
4for licensure as a notary public remittance agent shall
5include, but not be limited to, the following:
6        (1) the applicant has not been the subject of any
7    administrative citation, criminal complaint, or civil
8    action arising from his or her duties as a notary public
9    remittance agent;
10        (2) the agent holds a surety bond in the amount of
11    $20,000 for the purposes of acting as a remittance agent;
12    and
13        (3) the agent complies with all requirements set forth
14    by the Secretary of State for the submission of the notary
15    public applications.
16    (c) A notary public remittance agent submitting an
17application on behalf of an applicant for appointment and
18commission as a notary public shall remit the application and
19fee provided by the applicant within 30 days after receiving
20the application and fee from the applicant.
21    (d) The agent shall not modify a notary's application
22information in any way prior to submitting the application
23information to the Secretary of State.
24    (e) The agent shall not issue a notary seal or notary stamp
25to the notary applicant until sufficient evidence has been
26received that the notary applicant has received a commission

 

 

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1from the Secretary of State.
2    (f) Any violation of this Act, including this Section, may
3result in an administrative citation, criminal complaint, or
4civil action arising from his or her duties as a notary public
5or notary public remittance agent.
6    (g) (c) The provisions of this Section do not apply to
7units of local government or private businesses that are
8making applications, and providing application fees for their
9employees.
10    (h) The Secretary of State shall adopt rules applicable to
11this Section.
12(Source: P.A. 101-366, eff. 1-1-20.)
 
13    (5 ILCS 312/3-101)  (from Ch. 102, par. 203-101)
14    Sec. 3-101. Official seal.
15    (a) Notary public official seal. Each notary public shall,
16upon receiving the notary commission from the Secretary of
17State county clerk, obtain an official rubber stamp seal with
18which the notary shall authenticate his or her official acts.
19The rubber stamp seal shall contain the following information:
20        (1) the words "Official Seal";
21        (2) the notary's official name;
22        (3) the words "Notary Public", "State of Illinois",
23    and "My commission expires ............ (commission
24    expiration date)"; and
25        (4) a serrated or milled edge border in a rectangular

 

 

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1    form not more than one inch in height by two and one-half
2    inches in length surrounding the information.
3    (b) (Blank).
4    (b-5) Electronic notary public electronic seal and
5electronic signature. An electronic notarial act must be
6evidenced by the following, which must be attached to or
7logically associated with the electronic document that is the
8subject of the electronic notarial act and which must be
9immediately perceptible and reproducible:
10        (1) the electronic signature of the electronic notary
11    public;
12        (2) the electronic seal of the electronic notary
13    public, which shall look identical to a traditional notary
14    public seal;
15        (3) the words "Notary Public", "State of Illinois",
16    and "My commission expires (commission expiration date)";
17    and
18        (4) language explicitly stating that the electronic
19    notarial act was performed using audio-video
20    communication, if applicable.
21    (c) Registered devices. An electronic notary shall
22register his or her chosen device with the Secretary of State
23before first use. Thereafter, electronic notary public shall
24take reasonable steps to ensure that any registered device
25used to create an electronic seal or electronic signature is
26current and has not been revoked or terminated by the device's

 

 

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1issuing or registering authority. Upon learning that the
2technology or device used to create his or her electronic
3signature has been rendered ineffective or unsecure, an
4electronic notary public shall cease performing electronic
5notarial acts until:
6        (1) a new technology or device is acquired; and
7        (2) the electronic notary public sends an electronic
8    message to the Secretary of State that includes the
9    electronic signature of the electronic notary public
10    required under paragraph (6) of subsection (b) of Section
11    2-102 relating to the new technology or device.
12    (d) Electronic signature and seal security.
13        (1) An electronic notary public shall keep the
14    electronic notary public's electronic signature and
15    electronic seal secure and under the notary public's
16    exclusive control. The electronic notary public shall not
17    allow another person to use his or her electronic
18    signature or electronic seal.
19        (2) An electronic notary public shall notify an
20    appropriate law enforcement agency, the vendor of the
21    electronic notary technology, and the Secretary of State
22    no later than the next business day after the theft,
23    compromise, or vandalism of the electronic notary public's
24    electronic signature or electronic seal.
25        (3) The electronic notary public shall not disclose
26    any access information used to affix the electronic notary

 

 

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1    public's signature and seal except when requested by law
2    enforcement.
3    (e) Certificate of electronic notarial act. An electronic
4notary public shall attach his or her electronic signature and
5electronic seal with the electronic notarial certificate of an
6electronic document in a manner that is capable of independent
7verification and renders any subsequent change or modification
8to the electronic document evidence.
9    (f) The Secretary of State shall have the authority to
10adopt administrative rules to implement this Section.
11(Source: P.A. 100-81, eff. 1-1-18.)
 
12    (5 ILCS 312/3-101.5 new)
13    Sec. 3-101.5. Security of electronic signature and seal.
14The following requirements apply only to electronic notaries
15public.
16    (a) The electronic signature and electronic seal of an
17electronic notary public must be used only for the purposes of
18performing electronic notarial acts.
19    (b) The electronic notary public's electronic signature
20and electronic seal are deemed to be reliable if the following
21requirements are met:
22        (1) it is unique to the electronic notary public;
23        (2) it is capable of independent verification;
24        (3) it is retained under the electronic notary
25    public's sole control;

 

 

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1        (4) it is attached to or logically associated with the
2    electronic document in a tamper evident manner. Evidence
3    of tampering pursuant to this standard may be used to
4    determine whether the electronic notarial act is valid or
5    invalid;
6        (5) the electronic notary public has chosen technology
7    or a vendor that meets the minimum requirements
8    established by the Secretary of State and is approved by
9    the Secretary of State; and
10        (6) the technology adheres to any other standards or
11    requirements set by the Secretary of State in
12    administrative rule.
13    (c) The electronic notary public shall be prohibited from
14selling or transferring personal information learned through
15the course of an electronic notarization, except when required
16by law, law enforcement, the Secretary of State or court
17order.
18    (d) The Secretary of State shall have the authority to
19adopt administrative rules to implement this Section.
 
20    (5 ILCS 312/3-103)  (from Ch. 102, par. 203-103)
21    Sec. 3-103. Notice.
22    (a) Every notary public who is not an attorney or an
23accredited immigration representative who advertises the
24services of a notary public in a language other than English,
25whether by radio, television, signs, pamphlets, newspapers,

 

 

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1electronic communications, or other written communication,
2with the exception of a single desk plaque, shall include in
3the document, advertisement, stationery, letterhead, business
4card, or other comparable written or electronic material the
5following: notice in English and the language in which the
6written or electronic communication appears. This notice shall
7be of a conspicuous size, if in writing or electronic
8communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
9TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL
10DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL ADVICE ON ANY
11MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF IMMIGRATION,
12OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF THOSE
13ACTIVITIES ". If such advertisement is by radio or television,
14the statement may be modified but must include substantially
15the same message.
16    A notary public shall not, in any document, advertisement,
17stationery, letterhead, business card, electronic
18communication, or other comparable written material describing
19the role of the notary public, literally translate from
20English into another language terms or titles including, but
21not limited to, notary public, notary, licensed, attorney,
22lawyer, or any other term that implies the person is an
23attorney. To illustrate, the word "notario" is prohibited
24under this provision.
25    Failure to follow the procedures in this Section shall
26result in a fine of $1,500 for each written violation. The

 

 

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1second violation shall result in permanent revocation of the
2commission of notary public. Violations shall not preempt or
3preclude additional appropriate civil or criminal penalties.
4    (b) All notaries public required to comply with the
5provisions of subsection (a) shall prominently post at their
6place of business as recorded with the Secretary of State
7pursuant to Section 2-102 of this Act a schedule of fees
8established by law which a notary public may charge. The fee
9schedule shall be written in English and in the non-English
10language in which notary services were solicited and shall
11contain the disavowal of legal representation required above
12in subsection (a), unless such notice of disavowal is already
13prominently posted.
14    (c) No notary public, agency or any other person who is not
15an attorney shall represent, hold themselves out or advertise
16that they are experts on immigration matters or provide any
17other assistance that requires legal analysis, legal judgment,
18or interpretation of the law unless they are a designated
19entity as defined pursuant to Section 245a.1 of Part 245a of
20the Code of Federal Regulations (8 CFR 245a.1) or an entity
21accredited by the Board of Immigration Appeals.
22    (c-5) In addition to the notice required under subsection
23(a), every notary public who is subject to subsection (a)
24shall, prior to rendering notary services or electronic notary
25services, provide any person seeking notary or electronic
26notary services services with a written acknowledgment that

 

 

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1substantially states, in English and the language used in the
2advertisement for notary services the following: "I AM NOT AN
3ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT
4ALLOWED TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE
5LEGAL ADVICE ON ANY MATTER OR ACCEPT OR CHARGE FEES FOR THE
6PERFORMANCE OF THOSE ACTIVITIES". The Office of the Secretary
7of State shall translate this acknowledgement into Spanish and
8any other language the Secretary of State may deem necessary
9to achieve the requirements of this subsection (c-5), and
10shall make the translations available on the website of the
11Secretary of State. This acknowledgment shall be signed by the
12recipient of notary services or electronic notary services
13before notary services or electronic notary services are
14rendered, and the notary shall retain copies of all signed
15acknowledgments throughout their present commission and for 2
16years thereafter. Notaries shall provide recipients of notary
17services or electronic notary services with a copy of their
18signed acknowledgment at the time services are rendered. This
19provision shall not apply to notary services or electronic
20notary services related to documents prepared or produced in
21accordance with the Illinois Election Code.
22    (d) Any person who aids, abets or otherwise induces
23another person to give false information concerning
24immigration status shall be guilty of a Class A misdemeanor
25for a first offense and a Class 3 felony for a second or
26subsequent offense committed within 5 years of a previous

 

 

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1conviction for the same offense.
2    Any notary public who violates the provisions of this
3Section shall be guilty of official misconduct and subject to
4fine or imprisonment.
5    Nothing in this Section shall preclude any consumer of
6notary public services from pursuing other civil remedies
7available under the law.
8    (e) No notary public who is not an attorney or an
9accredited representative shall accept payment in exchange for
10providing legal advice or any other assistance that requires
11legal analysis, legal judgment, or interpretation of the law.
12    (f) Violation of subsection (e) is a business offense
13punishable by a fine of 3 times the amount received for
14services, or $1,001 minimum, and restitution of the amount
15paid to the consumer. Nothing in this Section shall be
16construed to preempt nor preclude additional appropriate civil
17remedies or criminal charges available under law.
18    (g) If a notary public or electronic notary public of this
19State is convicted of a 2 or more business offense offenses
20involving a violation of this Act within a 12-month period
21while commissioned, or of 3 or more business offenses
22involving a violation of this Act within a 5-year period
23regardless of being commissioned, the Secretary shall
24automatically revoke the notary public commission or
25electronic notary public commission of that person on the date
26that the person's most recent business offense conviction is

 

 

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1entered as a final judgment.
2(Source: P.A. 100-81, eff. 1-1-18; 101-465, eff. 1-1-20.)
 
3    (5 ILCS 312/3-104)  (from Ch. 102, par. 203-104)
4    Sec. 3-104. Maximum Fee.
5    (a) Except as otherwise provided in this subsection (a)
6provided in subsection (b) of this Section, the maximum fee
7for non-electronic notarization in this State is $5 $1.00 for
8any notarial act performed and, until July 1, 2018, up to $25
9for any notarial act performed pursuant to Section 3-102.
10    (b) Fees for a notary public, agency, or any other person
11who is not an attorney or an accredited representative filling
12out immigration forms shall be limited to the following:
13        (1) $10 per form completion;
14        (2) $10 per page for the translation of a non-English
15    language into English where such translation is required
16    for immigration forms;
17        (3) $5 $1 for notarizing;
18        (4) $3 to execute any procedures necessary to obtain a
19    document required to complete immigration forms; and
20        (5) A maximum of $75 for one complete application.
21    Fees authorized under this subsection shall not include
22application fees required to be submitted with immigration
23applications.
24    (b) The maximum fee in this State up to $25 for any
25electronic notarial act performed pursuant to this Act. An

 

 

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1electronic notary public may charge a reasonable fee to
2recover any cost of providing a copy of an entry or a recording
3of an audio-video communication in an electronic journal
4maintained pursuant to Section 3-107.
5    (c) Any person who violates the provisions of this
6subsection (a) or (b) shall be guilty of a Class A misdemeanor
7for a first offense and a Class 3 felony for a second or
8subsequent offense committed within 5 years of a previous
9conviction for the same offense.
10    (d) (c) Upon his own information or upon complaint of any
11person, the Attorney General or any State's Attorney, or their
12designee, may maintain an action for injunctive relief in the
13court against any notary public or any other person who
14violates the provisions of subsection (a) or (b) of this
15Section. These remedies are in addition to, and not in
16substitution for, other available remedies.
17    If the Attorney General or any State's Attorney fails to
18bring an action as provided pursuant to this subsection within
1990 days of receipt of a complaint, any person may file a civil
20action to enforce the provisions of this subsection and
21maintain an action for injunctive relief.
22    (e) (d) All notaries public must provide itemized receipts
23and keep records for fees accepted for services provided.
24Notarial fees must appear on the itemized receipt as separate
25and distinct from any other charges assessed. Failure to
26provide itemized receipts and keep records that can be

 

 

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1presented as evidence of no wrongdoing shall be construed as a
2presumptive admission of allegations raised in complaints
3against the notary for violations related to accepting
4prohibited fees.
5(Source: P.A. 98-29, eff. 6-21-13.)
 
6    (5 ILCS 312/3-105)  (from Ch. 102, par. 203-105)
7    Sec. 3-105. Authority.
8    (a) A notary public shall have authority to perform
9notarial acts, or electronic notarial acts, if the notary
10holds an electronic notary public commission, throughout the
11State so long as the notary resides in the same county in which
12the notary was commissioned or, if the notary is a resident of
13a state bordering Illinois, so long as the notary's principal
14place of work or principal place of business is in the same
15county in Illinois in which the notary was commissioned.
16    (b) An electronic notary public who is physically located
17in this State may perform an electronic notarial act using
18communication technology in accordance with this Article and
19any rules adopted by the Secretary of State for a remotely
20located individual who is physically located: (i) in this
21State; or (ii) outside of this State, but not outside the
22United States.
23(Source: P.A. 91-818, eff. 6-13-00.)
 
24    (5 ILCS 312/3-106)  (from Ch. 102, par. 203-106)

 

 

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1    Sec. 3-106. Certificate of Authority. Upon the receipt of
2a written request, the notarized document, and a fee of $2
3payable to the Secretary of State or County Clerk, the Office
4of the Secretary of State or County Clerk shall provide a
5certificate of authority in substantially the following form:
6    I ............... (Secretary of State or ......... County
7Clerk) of the State of Illinois, which office is an office of
8record having a seal, certify that ........ (notary's name),
9by whom the foregoing or annexed document was notarized or
10electronically notarized, was, on (insert date), appointed and
11commissioned a notary public in and for the State of Illinois
12and that as such, full faith and credit is and ought to be
13given to this notary's official attestations. In testimony
14whereof, I have affixed my signature and the seal of this
15office on (insert date).
16................................................
17(Secretary of State or ...... County Clerk).
18(Source: P.A. 91-357, eff. 7-29-99.)
 
19    (5 ILCS 312/3-107 new)
20    Sec. 3-107. Journal.
21    (a) A notary public or an electronic notary public shall
22keep a journal of each notarial act or electronic notarial act
23which includes, without limitation, the requirements set by
24the Secretary of State in administrative rule, but shall not
25include any electronic signatures of the person for whom an

 

 

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1electronic notarial act was performed or any witnesses.
2    (b) The Secretary of State shall adopt administrative
3rules that set forth, at a minimum:
4        (1) the information to be recorded for each
5    notarization or electronic notarization;
6        (2) the period during which the notary public or
7    electronic notary public must maintain the journal; and
8        (3) the minimum security requirements for protecting
9    the information in the journal and access to the contents
10    of the journal.
11    (c) A notary or electronic notary may maintain his or her
12journal in either paper form or electronic form and may
13maintain more than one journal or electronic journal to record
14notarial acts or electronic notarial acts.
15    (d) The fact that the employer or contractor of a notary or
16electronic notary public keeps a record of notarial acts or
17electronic notarial acts does not relieve the notary public of
18the duties required by this Section. A notary public or
19electronic notary public shall not surrender the journal to an
20employer upon termination of employment and an employer shall
21not retain the journal of an employee when the employment of
22the notary public or electronic notary public ceases.
23    (e) If the journal of a notary public or electronic notary
24public is lost, stolen, or compromised, the notary or
25electronic notary shall notify the Secretary of State within
2610 business days after the discovery of the loss, theft, or

 

 

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1breach of security.
 
2    (5 ILCS 312/4-101)  (from Ch. 102, par. 204-101)
3    Sec. 4-101. Changes causing commission to cease to be in
4effect.
5    (a) When any notary public legally changes his or her
6name, changes his or her residential address or business
7address, or email address, without notifying the Index
8Department of the Secretary of State in writing within 30 days
9thereof, or, if the notary public is a resident of a state
10bordering Illinois, no longer maintains a principal place of
11work or principal place of business in the same county in
12Illinois in which he or she was commissioned, the commission
13of that notary ceases to be in effect. When the commission of a
14notary public ceases to be in effect, his or her notarial seal
15or electronic notary seal shall be surrendered to the
16Secretary of State, and his or her certificate of notarial
17commission or certificate of electronic notarial commission
18shall be destroyed. These individuals who desire to again
19become a notary public must file a new application, bond, and
20oath with the Secretary of State.
21    (b) Any change to the information submitted by an
22electronic notary public in registering to perform electronic
23notarial acts in compliance with any Section of this Act shall
24be reported by the notary within 30 business days to the
25Secretary of State.

 

 

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1    (c) Any notary public or electronic notary public that
2fails to comply with this Section shall be prohibited from
3obtaining a new commission for a period of not less than 5
4years.
5(Source: P.A. 100-809, eff. 1-1-19.)
 
6    (5 ILCS 312/5-101)  (from Ch. 102, par. 205-101)
7    Sec. 5-101. Reappointment. No person is automatically
8reappointed as a notary public or electronic notary public. At
9least 60 days prior to the expiration of a commission, the
10Secretary of State shall mail notice of the expiration date to
11the holder of a commission. Every notary public or electronic
12notary public who is an applicant for reappointment shall
13comply with the provisions of Article II of this Act.
14(Source: P.A. 84-322.)
 
15    (5 ILCS 312/5-102)  (from Ch. 102, par. 205-102)
16    Sec. 5-102. Solicitation to Purchase Bond. No person shall
17solicit any notary public and offer to provide a surety bond
18more than 60 days in advance of the expiration date of the
19notary public's commission of a notary public or electronic
20notary public.
21    Nor shall any person solicit any applicant for a
22commission or reappointment thereof and offer to provide a
23surety bond for the notary commission unless any such
24solicitation specifically sets forth in bold face type not

 

 

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1less than 1/4 inch in height the following: "WE ARE NOT
2ASSOCIATED WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY".
3    Whenever it shall appear to the Secretary of State that
4any person is engaged or is about to engage in any acts or
5practices which constitute or will constitute a violation of
6the provisions of this Section, the Secretary of State may, in
7his discretion, through the Attorney General, apply for an
8injunction, and, upon a proper showing, any circuit court
9shall have power to issue a permanent or temporary injunction
10or restraining order without bond to enforce the provisions of
11this Act, and either party to such suit shall have the right to
12prosecute an appeal from the order or judgment of the court.
13    Any person, association, corporation, or others who
14violate the provisions of this Section shall be guilty of a
15business offense and punishable by a fine of not less than $500
16for each offense.
17(Source: P.A. 84-322.)
 
18    (5 ILCS 312/6-102)  (from Ch. 102, par. 206-102)
19    Sec. 6-102. Notarial Acts.
20    (a) In taking an acknowledgment, the notary public must
21determine, either from personal knowledge or from satisfactory
22evidence, that the person appearing before the notary and
23making the acknowledgment is the person whose true signature
24is on the instrument.
25    (b) In taking a verification upon oath or affirmation, the

 

 

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

 

 

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1    (5 ILCS 312/6-102.5 new)
2    Sec. 6-102.5. Remote notarial acts.
3    (a) Any commissioned notary public may perform any
4notarial act described under Section 6-102 remotely.
5    (b) A remote notarial action must be performed in
6accordance with the following audio-video communication
7requirements:
8        (1) Two-way audio-video communication technology must
9    allow for remotely located notaries and principals to
10    engage in direct, contemporaneous interaction between the
11    individual signing the document (signatory) and the
12    witness by sight and sound.
13        (2) The two-way audio video communication technology
14    must be recorded and preserved by the signatory or the
15    signatory's designee for a period of at least 3 years.
16        (3) The signatory must attest to being physically
17    located in Illinois during the two-way audio-video
18    communication.
19        (4) The signatory must affirmatively state on the
20    two-way audio-video communication what document the
21    signatory is signing.
22        (5) Each page of the document being witnessed must be
23    shown to the witness on the two-way audio-video
24    communication technology in a means clearly legible to the
25    witness and initialed by the signatory in the presence of
26    the witness.

 

 

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1        (6) The act of signing must be captured sufficiently
2    up close on the two-way audio-video communication for the
3    witness to observe.
4    (c) Application of the notary's seal and signature:
5        (1) The signatory must transmit by fax or electronic
6    means a legible copy of the entire signed document
7    directly to the notary no later than the day after the
8    document is signed.
9        (2) The notary must sign the transmitted copy of the
10    document as a witness and transmit the signed copy of the
11    document back to the signatory via fax or electronic means
12    within 24 hours after receipt.
13        (3) If necessary, the notary may sign the original
14    signed document as of the date of the original execution
15    by the signatory provided that the witness receives the
16    original signed document together with the electronically
17    witnessed copy within 30 days after the date of the remote
18    notarization.
19    (d) The Secretary of State shall adopt administrative
20rules to implement this Section.
 
21    (5 ILCS 312/6-104)  (from Ch. 102, par. 206-104)
22    Sec. 6-104. Acts prohibited.
23    (a) A notary public shall not use any name or initial in
24signing certificates other than that by which the notary was
25commissioned.

 

 

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1    (b) A notary public shall not acknowledge any instrument
2in which the notary's name appears as a party to the
3transaction.
4    (c) A notary public shall not affix his signature to a
5blank form of affidavit or certificate of acknowledgment.
6    (d) A notary public shall not take the acknowledgment of
7or administer an oath to any person whom the notary actually
8knows to have been adjudged mentally ill by a court of
9competent jurisdiction and who has not been restored to mental
10health as a matter of record.
11    (e) A notary public shall not take the acknowledgment of
12any person who is blind until the notary has read the
13instrument to such person.
14    (f) A notary public shall not take the acknowledgment of
15any person who does not speak or understand the English
16language, unless the nature and effect of the instrument to be
17notarized is translated into a language which the person does
18understand.
19    (g) A notary public shall not change anything in a written
20instrument after it has been signed by anyone.
21    (h) No notary public shall be authorized to prepare any
22legal instrument, or fill in the blanks of an instrument,
23other than a notary certificate; however, this prohibition
24shall not prohibit an attorney, who is also a notary public,
25from performing notarial acts for any document prepared by
26that attorney.

 

 

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1    (i) If a notary public accepts or receives any money from
2any one to whom an oath has been administered or on behalf of
3whom an acknowledgment has been taken for the purpose of
4transmitting or forwarding such money to another and willfully
5fails to transmit or forward such money promptly, the notary
6is personally liable for any loss sustained because of such
7failure. The person or persons damaged by such failure may
8bring an action to recover damages, together with interest and
9reasonable attorney fees, against such notary public or his
10bondsmen.
11    (j) A notary public shall not perform any notarial act
12when his or her commission is suspended or revoked, nor shall
13he or she fail to comply with any term of suspension which may
14be imposed for violation of this Section.
15    (k) No notary public shall be authorized to explain,
16certify, or verify the contents of any document; however, this
17prohibition shall not prohibit an attorney, who is also a
18notary public, from performing notarial acts for any document
19prepared by that attorney.
20    (l) A notary public shall not represent himself or herself
21as an electronic notary public if the person has not been
22commissioned as an electronic notary public by the Secretary
23of State.
24    (m) No person shall knowingly create, manufacture, or
25distribute software or hardware for the purpose of allowing a
26person to act as an electronic notary public without being

 

 

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1commissioned in accordance with this Act. A violation of this
2subsection (m) is a Class A misdemeanor.
3    (n) No person shall wrongfully obtain, conceal, damage, or
4destroy the technology or device used to create the electronic
5signature or seal of an electronic notary public. A violation
6of this subsection (n) is a Class A misdemeanor.
7    (o) A notary public shall not sell, rent, transfer, or
8otherwise make available to a third party the contents of the
9notarial journal, audio video recordings, or any other record
10associated with any notarial act, including personally
11identifiable information, except when required by law, law
12enforcement, the Secretary of State, or a court order.
13    (p) The Secretary of State may suspend the commission of a
14notary or electronic notary who fails to produce any journal
15entry within 10 days after receipt of a request from the
16Secretary of State.
17    (q) Upon surrender, revocation, or expiration of a
18commission as a notary or electronic notary, all notarial
19records or electronic notarial records required under this
20Section, except as otherwise provided by law, must be kept by
21the notary public or electronic notary for a period of 5 years
22after the termination of the registration of the notary public
23or electronic notary public.
24(Source: P.A. 100-81, eff. 1-1-18; 100-809, eff. 1-1-19.)
 
25    (5 ILCS 312/Art. VI-A heading new)

 

 

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1
ARTICLE VI-A
2
ELECTRONIC NOTARIAL ACTS AND FORMS

 
3    (5 ILCS 312/6A-101 new)
4    Sec. 6A-101. Requirements for systems and providers of
5electronic notarial technology.
6    (a) An electronic notarization system shall comply with
7this Act and any rules adopted by the Secretary of State.
8    (b) An electronic notarization system requiring enrollment
9shall enroll only persons commissioned as electronic notaries
10public by the Secretary of State.
11    (c) An electronic notarization vendor shall take
12reasonable steps to ensure that an electronic notary public
13who has enrolled to use the system has the knowledge to use it
14to perform electronic notarial acts in compliance with this
15Act.
16    (d) A provider of an electronic notarization system
17requiring enrollment shall notify the Secretary of State of
18the name of each electronic notary public who enrolls in the
19system within 5 days after enrollment by means prescribed by
20rule by the Secretary of State.
21    (e) The Secretary of State shall adopt administrative
22rules that set forth the requirements a provider of electronic
23notarization technology must meet in order to be approved for
24use in the State of Illinois. At a minimum, those
25administrative rules shall establish:

 

 

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1        (1) minimum standards ensuring a secure means of
2    authentication to be employed to protect the integrity of
3    the electronic notary's electronic seal and electronic
4    signature;
5        (2) minimum standards ensuring that documents
6    electronically notarized be tamper-evident and protected
7    from unauthorized use; and
8        (3) requirements for competent operation of the
9    electronic platform.
 
10    (5 ILCS 312/6A-102 new)
11    Sec. 6A-102. Electronic notary not liable for system
12failure. An electronic notary public who exercised reasonable
13care enrolling in and using an electronic notarization system
14shall not be liable for any damages resulting from the
15system's failure to comply with the requirements of this Act.
16Any provision in a contract or agreement between the
17electronic notary public and provider that attempts to waive
18this immunity shall be null, void, and of no effect.
 
19    (5 ILCS 312/6A-103 new)
20    Sec. 6A-103. Electronic notarial acts.
21    (a) An electronic notary public:
22        (1) is a notary public for purposes of this Act and is
23    subject to all provisions of this Act;
24        (2) may perform notarial acts as provided by this Act

 

 

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1    in addition to performing electronic notarizations; and
2        (3) may perform an electronic notarization authorized
3    under this Article.
4    (b) In performing an electronic notarization, an
5electronic notary public shall verify the identity of a person
6creating an electronic signature at the time that the
7signature is taken by using two-way audio and video conference
8technology that meets the requirements of this Act and rules
9adopted under this Article. For the purposes of performing an
10electronic notarial act for a person using audio-video
11communication, an electronic notary public has satisfactory or
12documentary evidence of the identity of the person if the
13electronic notary public confirms the identity of the person
14by:
15        (1) the electronic notary public's personal knowledge
16    of the person creating the electronic signature; or
17        (2) each of the following:
18            (A) remote electronic presentation by the person
19        creating the electronic signature of a
20        government-issued identification credential,
21        including a passport or driver's license, that
22        contains the signature and a photograph of the person;
23            (B) credential analysis of the front and back of
24        the government-issued identification credential and
25        the data thereon; and
26            (C) a dynamic knowledge-based authentication

 

 

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1        assessment.
2    (c) An electronic notary public may perform any of the
3acts set forth in Section 6-102 using audio-video
4communication in accordance with this Section and any rules
5adopted by the Secretary of State.
6    (d) If an electronic notarial act is performed using
7audio-video communication:
8        (1) the technology must allow the persons
9    communicating to see and speak to each other
10    simultaneously;
11        (2) the signal transmission must be in real time; and
12        (3) the electronic notarial act must be recorded.
13    (e) The validity of the electronic notarial act will be
14determined by applying the laws of the State of Illinois.
15    (f) The electronic notarial certificate for an electronic
16notarization must include a notation that the notarization is
17an electronic notarization.
18    (g) When performing an electronic notarization, an
19electronic notary public shall complete an electronic notarial
20certificate and attach or logically associate the electronic
21notary's electronic signature and seal to that certificate in
22a tamper evident manner. Evidence of tampering pursuant to
23this standard may be used to determine whether the electronic
24notarial act is valid or invalid.
25    (h) The liability, sanctions, and remedies for improper
26performance of electronic notarial acts are the same as

 

 

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1described and provided by law for the improper performance of
2non-electronic notarial acts as described under Section 7-108.
3    (i) Electronic notarial acts need to fulfill certain basic
4requirements to ensure non-repudiation and the capability of
5being authenticated by the Secretary of State for purposes of
6issuing apostilles and certificates of authentication. The
7requirements are as follows:
8        (1) the fact of the electronic notarial act, including
9    the electronic notary's identity, signature, and
10    electronic commission status, must be verifiable by the
11    Secretary of State; and
12        (2) the notarized electronic document will be rendered
13    ineligible for authentication by the Secretary of State if
14    it is improperly modified after the time of electronic
15    notarization, including any unauthorized alterations to
16    the document content, the electronic notarial certificate,
17    the electronic notary public's electronic signature, or
18    the electronic notary public's official electronic seal.
 
19    (5 ILCS 312/6A-104 new)
20    Sec. 6A-104. Requirements for audio-video communication.
21    (a) An electronic notary public shall arrange for a
22recording to be made of each electronic notarial act performed
23using audio-video communication. The audio-video recording
24required by this Section shall be in addition to the journal
25entry for the electronic notarial act required by Section

 

 

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13-107. Before performing any electronic notarial act using
2audio-video communication, the electronic notary public must
3inform all participating persons that the electronic
4notarization will be electronically recorded.
5    (b) If the person for whom the electronic notarial act is
6being performed is identified by personal knowledge, the
7recording of the electronic notarial act must include an
8explanation by the electronic notary public as to how he or she
9knows the person and how long he or she has known the person.
10    (c) If the person for whom the electronic notarial act is
11being performed is identified by a credible witness:
12        (1) the credible witness must appear before the
13    electronic notary public; and
14        (2) the recording of the electronic notarial act must
15    include:
16            (A) a statement by the electronic notary public as
17        to whether he or she identified the credible witness
18        by personal knowledge or satisfactory evidence; and
19            (B) an explanation by the credible witness as to
20        how he or she knows the person for whom the electronic
21        notarial act is being performed and how long he or she
22        has known the person.
23    (d) An electronic notary public shall keep a recording
24made pursuant to this Section for a period of not less than 7
25years, regardless of whether the electronic notarial act was
26actually completed.

 

 

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1    (e) An electronic notary public who performs an electronic
2notarial act for a principal by means of audio-video
3communication shall be located within the State of Illinois at
4the time the electronic notarial act is performed. The
5electronic notary public shall include a statement in the
6electronic notarial certificate to indicate that the
7electronic notarial act was performed by means of audio-video
8communication. The statement may also be included in the
9electronic notarial seal.
10    (f) An electronic notary public who performs an electronic
11notarial act for a principal by means of audio-video
12communication shall:
13        (1) be located within this State at the time the
14    electronic notarial act is performed;
15        (2) execute the electronic notarial act in a single
16    recorded session that complies with Section 6A-103;
17        (3) be satisfied that any electronic record that is
18    electronically signed, acknowledged, or otherwise
19    presented for electronic notarization by the principal is
20    the same record electronically signed by the electronic
21    notary;
22        (4) be satisfied that the quality of the audio-video
23    communication is sufficient to make the determination
24    required for the electronic notarial act under this Act
25    and any other law of this State; and
26        (5) identify the venue for the electronic notarial act

 

 

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1    as the jurisdiction within Illinois where the notary is
2    physically located while performing the act.
3    (g) An electronic notarization system used to perform
4electronic notarial acts by means of audio-video communication
5shall conform to the requirements set forth in this Act and by
6administrative rules adopted by the Secretary of State.
7    (h) The provisions of Section 3-107 related respectively
8to security, inspection, copying, and disposition of the
9journal shall also apply to security, inspection, copying, and
10disposition of audio-video recordings required by this
11Section.
12    (i) The Secretary of State shall adopt administrative
13rules to implement this Section.
 
14    (5 ILCS 312/6A-105 new)
15    Sec. 6A-105. Electronic certificate of notarial acts.
16    (a) An electronic notarial certificate must be evidenced
17by an electronic notarial certificate signed and dated by the
18electronic notary public. The electronic notarial certificate
19must include identification of the jurisdiction in which the
20electronic notarial act is performed and the electronic seal
21of the electronic notary public.
22    (b) An electronic notarial certificate of an electronic
23notarial act is sufficient if it meets the requirements of
24subsection (a) and it:
25        (1) is in the short form set forth in 6-105;

 

 

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1        (2) is in a form otherwise prescribed by the law of
2    this State; or
3        (3) sets forth the actions of the electronic notary
4    public and those are sufficient to meet the requirements
5    of the designated electronic notarial act.
6    (c) At the time of an electronic notarial act, an
7electronic notary public shall officially sign every
8electronic notarial certificate and electronically affix the
9electronic seal clearly and legibly, so that it is capable of
10photographic reproduction. The illegibility of any of the
11information required under this Section does not affect the
12validity of a transaction.
 
13    (5 ILCS 312/6A-106 new)
14    Sec. 6A-106. Electronic acknowledgments; physical
15presence.
16    (a) For purposes of this Act, a person may appear before
17the person taking the acknowledgment by:
18        (1) being in the same physical location as the other
19    person and close enough to see, hear, communicate with,
20    and exchange tangible identification credentials with that
21    person; or
22        (2) being outside the physical presence of the other
23    person, but interacting with the other person by means of
24    communication technology.
25    (b) If the acknowledging person is outside the physical

 

 

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1presence of the person taking the acknowledgment, the
2certification of acknowledgment must indicate that the
3notarial act was performed by means of communication
4technology. A form of certificate of acknowledgment as
5provided by the Secretary of State, which may include the use
6of a remote online notarial certificate, is sufficient for
7purposes of this subsection (b) if it substantially reads as
8follows: "The foregoing instrument was acknowledged before me
9by means of communication technology this (date) by … (each
10form continued as sufficient for its respective purposes.)".
 
11    (5 ILCS 312/7-106)  (from Ch. 102, par. 207-106)
12    Sec. 7-106. Willful Impersonation.
13    (a) Any person who acts as, or otherwise willfully
14impersonates, a notary public while not lawfully appointed and
15commissioned to perform notarial acts is guilty of a Class A
16misdemeanor.
17    (b) Any notary public or other person who is not an
18electronic notary public that impersonates an electronic
19notary public to perform electronic notarial acts is guilty of
20a Class A misdemeanor.
21(Source: P.A. 84-322.)
 
22    (5 ILCS 312/7-107)  (from Ch. 102, par. 207-107)
23    Sec. 7-107. Wrongful Possession.
24    (a) No person may unlawfully possess, obtain, conceal,

 

 

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1damage, or destroy a notary's official seal. Any person who
2unlawfully possesses a notary's official seal is guilty of a
3misdemeanor and punishable upon conviction by a fine not
4exceeding $1,000.
5    (b) No person may unlawfully possess, conceal, damage, or
6destroy the certificate, disk, coding, card, program,
7software, or hardware enabling an electronic notary public to
8affix an official electronic signature or seal.
9    (c) Any person who violates this Section shall be guilty
10of a misdemeanor and punishable upon conviction by a fine not
11exceeding $1,000.
12(Source: P.A. 84-322.)
 
13    (5 ILCS 312/7-108)  (from Ch. 102, par. 207-108)
14    Sec. 7-108. Reprimand, suspension, and revocation of
15commission.
16    (a) The Secretary of State may revoke the commission of
17any notary public who, during the current term of appointment:
18        (1) submits an application for commission and
19    appointment as a notary public which contains substantial
20    and material misstatement or omission of fact; or
21        (2) is convicted of any felony, misdemeanors,
22    including those defined in Part C, Articles 16, 17, 18,
23    19, and 21, and Part E, Articles 31, 32, and 33 of the
24    Criminal Code of 2012, or official misconduct under this
25    Act; or .

 

 

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1        (3) is a licensed attorney and has been sanctioned,
2    suspended, or disbarred by the Illinois Attorney
3    Registration and Disciplinary Commission or the Illinois
4    Supreme Court.
5    (b) Whenever the Secretary of State believes that a
6violation of this Article has occurred, he or she may
7investigate any such violation. The Secretary may also
8investigate possible violations of this Article upon a signed
9written complaint on a form designated by the Secretary.
10    (c) A notary's failure to cooperate or respond to an
11investigation by the Secretary of State is a failure by the
12notary to fully and faithfully discharge the responsibilities
13and duties of a notary and shall result in suspension or
14revocation of the notary's commission or the electronic
15notary's commission.
16    (d) All written complaints which on their face appear to
17establish facts which, if proven true, would constitute an act
18of misrepresentation or fraud in notarization or electronic
19notarization, or misrepresentation or fraud on the part of the
20notary, may shall be investigated by the Secretary of State to
21determine whether cause exists to reprimand, suspend, or
22revoke the commission of the notary.
23    (e) The Secretary of State may deliver a written official
24warning and reprimand to a notary, or may revoke or suspend a
25notary's commission or an electronic notary's commission, for
26any of the following:

 

 

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1        (1) a notary's official misconduct, as defined under
2    Section 7-104;
3        (2) any ground for which an application for
4    appointment as a notary may be denied for failure to
5    complete application requirements as provided under
6    Section 2-102;
7        (3) any prohibited act provided under Section 6-104;
8    or
9        (4) a violation of any provision of the general
10    statutes.
11    (f) After investigation and upon a determination by the
12Secretary of State that one or more prohibited acts have been
13performed in the notarization or electronic notarization of a
14document, the Secretary shall, after considering the extent of
15the prohibited act and the degree of culpability of the
16notary, order one or more of the following courses of action:
17        (1) issue a letter of warning to the notary, including
18    the Secretary's findings;
19        (2) order suspension of the commission of the notary
20    or electronic commission of the notary for a period of
21    time designated by the Secretary;
22        (3) order revocation of the commission of the notary
23    or electronic commission of the notary;
24        (4) refer the allegations to the appropriate State's
25    Attorney's Office or the Attorney General for criminal
26    investigation; or

 

 

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1        (5) refer the allegations to the Illinois Attorney
2    Registration and Disciplinary Commission for disciplinary
3    proceedings.
4    (g) After a notary receives notice from the Secretary of
5State that his or her commission has been revoked, that notary
6shall immediately deliver his or her official seal to the
7Secretary. After an electronic notary public receives notice
8from the Secretary of State that his or her electronic
9commission has been revoked, the electronic notary public
10shall immediately notify the electronic notary's chosen
11technology provider, and to the extent possible, destroy or
12remove the software used for electronic notarizations.
13    (h) A notary whose appointment has been revoked due to a
14violation of this Act shall not be eligible for a new
15commission as a notary public in this State for a period of at
16least 5 years from the date of the final revocation.
17    (i) A notary may voluntarily resign from appointment by
18notifying the Secretary of State in writing of his or her
19intention to do so, and by physically returning his or her
20stamp to the Secretary. An electronic notary public may
21voluntarily resign from appointment by notifying the Secretary
22of State in writing of his or her intention to do so, and by
23notifying the electronic notary's chosen technology provider,
24and to the extent possible, destroy or remove the software
25used for electronic notarizations. A voluntary resignation
26shall not stop or preclude any investigation into a notary's

 

 

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1conduct, or prevent further suspension or revocation by the
2Secretary, who may pursue any such investigation to a
3conclusion and issue any finding.
4    (j) Upon a determination by a sworn law enforcement
5officer that the allegations raised by the complaint are
6founded, and the notary has received notice of suspension or
7revocation from the Secretary of State, the notary is entitled
8to an administrative hearing.
9    (k) The Secretary of State shall adopt administrative
10hearing rules applicable to this Section that are consistent
11with the Illinois Administrative Procedure Act.
12    (l) Any revocation, resignation, expiration, or suspension
13of the commission of a notary public terminates or suspends
14any commission to notarize electronically.
15    (m) A notary public may terminate registration to notarize
16electronically and maintain his or her underlying notary
17public commission upon directing a written notification of the
18change to the Secretary of State within 30 days.
19(Source: P.A. 100-809, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
20    (5 ILCS 312/7-110 new)
21    Sec. 7-110. Applicable law; conflict of law.
22    (a) The validity of any notarization, including an
23electronic notarization, shall be determined by applying the
24laws of this State, regardless of the physical location of the
25principal at the time of a remote notarization.

 

 

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1    (b) An electronic notary public authorized to perform
2electronic notarizations is subject to and must comply with
3this Act.
4    (c) If a conflict between a provision of this Section and
5another law of this State, this Section controls.
 
6    (5 ILCS 312/2-106 rep.)
7    Section 10. The Illinois Notary Public Act is amended by
8repealing Section 2-106.
 
9    Section 15. The State Finance Act is amended by adding
10Section 5.938 as follows:
 
11    (30 ILCS 105/5.938 new)
12    Sec. 5.938. The Electronic Notarization Fund.
 
13    Section 20. The Counties Code is amended by changing
14Section 4-4001 as follows:
 
15    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
16    Sec. 4-4001. County clerks; counties of first and second
17class. The fees of the county clerk in counties of the first
18and second class, except when increased by county ordinance
19pursuant to the provisions of this Section, shall be:
20        For each official copy of any process, file, record or
21    other instrument of and pertaining to his office, 50˘ for

 

 

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1    each 100 words, and $1 additional for certifying and
2    sealing the same.
3        For filing any paper not herein otherwise provided
4    for, $1, except that no fee shall be charged for filing a
5    Statement of economic interest pursuant to the Illinois
6    Governmental Ethics Act or reports made pursuant to
7    Article 9 of the Election Code.
8        For issuance of fireworks permits, $2.
9        For issuance of liquor licenses, $5.
10        For filing and recording of the appointment and oath
11    of each public official, $3.
12        For officially certifying and sealing each copy of any
13    process, file, record or other instrument of and
14    pertaining to his office, $1.
15        For swearing any person to an affidavit, $1.
16        For issuing each license in all matters except where
17    the fee for the issuance thereof is otherwise fixed, $4.
18        For issuing each civil union or marriage license, the
19    certificate thereof, and for recording the same, including
20    the recording of the parent's or guardian's consent where
21    indicated, a fee to be determined by the county board of
22    the county, not to exceed $75, which shall be the same,
23    whether for a civil union or marriage license. $5 from all
24    civil union and marriage license fees shall be remitted by
25    the clerk to the State Treasurer for deposit into the
26    Domestic Violence Fund.

 

 

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1        For taking and certifying acknowledgments to any
2    instrument, except where herein otherwise provided for,
3    $1.
4        For issuing each certificate of appointment or
5    commission, the fee for which is not otherwise fixed by
6    law, $1.
7        For cancelling tax sale and issuing and sealing
8    certificates of redemption, $3.
9        For issuing order to county treasurer for redemption
10    of forfeited tax, $2.
11        For trying and sealing weights and measures by county
12    standard, together with all actual expenses in connection
13    therewith, $1.
14        For services in case of estrays, $2.
15        The following fees shall be allowed for services
16    attending the sale of land for taxes, and shall be charged
17    as costs against the delinquent property and be collected
18    with the taxes thereon:
19        For services in attending the tax sale and issuing
20    certificate of sale and sealing the same, for each tract
21    or town lot sold, $4.
22        For making list of delinquent lands and town lots
23    sold, to be filed with the Comptroller, for each tract or
24    town lot sold, 10˘.
25    The county board of any county of the first or second class
26may by ordinance authorize the county clerk to impose an

 

 

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1additional $2 charge for certified copies of vital records as
2defined in Section 1 of the Vital Records Act, for the purpose
3of developing, maintaining, and improving technology in the
4office of the County Clerk.
5    The foregoing fees allowed by this Section are the maximum
6fees that may be collected from any officer, agency,
7department or other instrumentality of the State. The county
8board may, however, by ordinance, increase the fees allowed by
9this Section and also the notary public recordation fees
10allowed by Section 2-106 of the Illinois Notary Public Act and
11the indexing and filing of assumed name certificate fees
12allowed by Section 3 of the Assumed Business Name Act and
13collect such increased fees from all persons and entities
14other than officers, agencies, departments and other
15instrumentalities of the State if the increase is justified by
16an acceptable cost study showing that the fees allowed by
17these Sections are not sufficient to cover the cost of
18providing the service.
19    A Statement of the costs of providing each service,
20program and activity shall be prepared by the county board.
21All supporting documents shall be public record and subject to
22public examination and audit. All direct and indirect costs,
23as defined in the United States Office of Management and
24Budget Circular A-87, may be included in the determination of
25the costs of each service, program and activity.
26    The county clerk in all cases may demand and receive the

 

 

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1payment of all fees for services in advance so far as the same
2can be ascertained.
3    The county board of any county of the first or second class
4may by ordinance authorize the county treasurer to establish a
5special fund for deposit of the additional charge. Moneys in
6the special fund shall be used solely to provide the
7equipment, material and necessary expenses incurred to help
8defray the cost of implementing and maintaining such document
9storage system.
10(Source: P.A. 96-328, eff. 8-11-09; 97-4, eff. 5-31-11;
1197-986, eff. 8-17-12.)
 
12    Section 25. The Uniform Real Property Electronic Recording
13Act is amended by changing Section 2 and by adding Section 3.5
14as follows:
 
15    (765 ILCS 33/2)
16    Sec. 2. Definitions. In this Act:
17        (1) "Document" means information that is:
18            (A) inscribed on a tangible medium or that is
19        stored in an electronic or other medium and is
20        retrievable in perceivable form; and
21            (B) eligible to be recorded in the land records
22        maintained by the county recorder.
23        (2) "Electronic" means relating to technology having
24    electrical, digital, magnetic, wireless, optical,

 

 

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1    electromagnetic, or similar capabilities.
2        (3) "Electronic document" means a document created,
3    generated, sent, communicated, received, or stored by
4    electronic means that is received by the recorder in an
5    electronic form.
6        (4) "Electronic signature" means an electronic sound,
7    symbol, or process attached to or logically associated
8    with a document and executed or adopted by a person with
9    the intent to sign the document.
10        (5) "Person" means an individual, corporation,
11    business trust, estate, trust, partnership, limited
12    liability company, association, joint venture, public
13    corporation, government, or governmental subdivision,
14    agency, or instrumentality, or any other legal or
15    commercial entity.
16        (6) "State" means a state of the United States, the
17    District of Columbia, Puerto Rico, the United States
18    Virgin Islands, or any territory or insular possession
19    subject to the jurisdiction of the United States.
20        (7) "Secretary" means the Secretary of State.
21        (8) "Commission" means the Illinois Electronic
22    Recording Commission.
23    Any notifications required by this Act must be made in
24writing and may be communicated by certified mail, return
25receipt requested or electronic mail so long as receipt is
26verified.

 

 

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1(Source: P.A. 95-472, eff. 8-27-07.)
 
2    (765 ILCS 33/3.5 new)
3    Sec. 3.5. Electronic documents certified by notary public.
4    (a) A paper or tangible copy of an electronic document
5that a notary public has certified to be a true and correct
6copy under subsection (b) satisfies any requirement of law
7that, as a condition for recording, the document:
8        (1) be an original or be in writing;
9        (2) be signed or contain an original signature, if the
10    document contains an electronic signature of the person
11    required to sign the document; and
12        (3) be notarized, acknowledged, verified, witnessed,
13    or made under oath, if the document contains an electronic
14    signature of the person authorized to perform that act,
15    and all other information required to be included.
16    (b) A notary public duly appointed and commissioned under
17Section 2-101 of the Illinois Notary Public Act may certify
18that a paper or tangible copy of an electronic document is a
19true and correct copy of the electronic document if the notary
20public has:
21        (1) reasonably confirmed that the electronic document
22    is in a tamper evident format;
23        (2) detected no changes or errors in any electronic
24    signature or other information in the electronic document;
25        (3) personally printed or supervised the printing of

 

 

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1    the electronic document onto paper or other tangible
2    medium; or
3        (4) not made any changes or modifications to the
4    electronic document or to the paper or tangible copy
5    thereof other than the certification described in this
6    subsection (b).
7    (c) A county recorder shall accept for recording a paper
8or tangible copy of a document that has been certified by a
9notary public to be a true and correct copy of an electronic
10document under subsection (b) as evidenced by a notarial
11certificate.
12    (d) A notarial certificate in substantially the following
13form is sufficient for the purposes of this Section:
 
14"State of....................................................
 
15County of....................................................
 
16On this.....(date), I certify that the foregoing and annexed
17document [entitled............,] (and) containing
18............pages is a true and correct copy of an electronic document
19printed by me or under my supervision. I further certify that,
20at the time of printing, no security features present on the
21electronic document indicated any changes or errors in an
22electronic signature or other information in the electronic
23document since its creation or execution.
 

 

 

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1.............................................................
2(Signature of Notary Public)
3(Seal)"
4    (f) If a notarial certificate is attached to or made a part
5of a paper or tangible document, the certificate is prima
6facie evidence that the requirements of subsection (c) have
7been satisfied with respect to the document.
8    (g) A paper or tangible copy of a deed, mortgage, or other
9document shall be deemed, from the time of being filed for
10record, as notice to subsequent purchasers and creditors,
11though it may not be certified in accordance with the
12provisions of this Section.
13    (h) This Section does not apply to any map or plat governed
14by the Plat Act, the Judicial Plat Act, or the Permanent Survey
15Act, or to any monument record governed by the Land Survey
16Monuments Act.
 
17    Section 99. Effective date. This Act takes effect on the
18later of: (1) January 1, 2022; or (2) the date on which the
19Office of the Secretary of State files with the Index
20Department of the Office of the Secretary of State a notice
21that the Office of the Secretary of State has adopted the rules
22necessary to implement this Act, and upon the filing of the
23notice, the Index Department shall provide a copy of the
24notice to the Legislative Reference Bureau; except that, the

 

 

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1changes to Sections 1-106 and 2-103 of the Illinois Notary
2Public Act take effect July 1, 2022.".