Illinois Notary Public Act | Rules for Illinois Notary Public Act

• Every applicant for a notary public commission must successfully complete a course of study on notarization and pass an examination. Approved course providers will be posted on the Illinois Secretary of State website.
• Illinois will now provide three options for notarizations:
  • Traditional in-person
  • Remote
  • Electronic
• A remote notarial act is defined as “a notarial act that is done by way of audio-visual communication technology that allows for direct, contemporaneous interaction between the individual signing the document (the signatory) and the witness by sight and sound but that requires the notary public to use his or her physical stamp and seal to notarize the document without the aid of an electronic seal or signature.” Once the individual has signed the document, it is then provided to the notary who then affixes their seal and signature to the same.
• An electronic notarial act requires the use of an electronic notary platform that has been approved by the Illinois Secretary of State and, unlike remote notarial acts, requires only the notary public to be in Illinois at the time of the signing. The platform assists in confirming the identity of the signer by use of a dynamic knowledge-based assessment. This assessment presents questions to the signer compiled from public and private resources. The platform also reviews the validity of the signer’s government-based photo identification. However, the notary public must also personally view the same identification document to verify the signer. Notaries conducting electronic notarizations should review both the Illinois Notary Public Act and the Rules to confirm they are following the correct procedures.
• Bond is required for all notary public applicants. The bond amount will be determined by which type of notarizations will be performed. Traditional in-person notarizations will require a $5,000 bond. Remote notarizations or electronic notarizations will require a $30,000 bond.
• Electronic notarial acts require the use of an electronic notary platform that has been approved by the Illinois Secretary of State. The platform assists the notary in identifying the signer. The platform also records the notarization and is required to maintain that record for at least 7 years.
• Remote notarial acts must be recorded and the notary is charged with maintaining that record for at least 3 years.
• Journals, in either electronic or paper form, are now required for notaries public. Said journal must remain in the possession of the notary public upon leaving their employment. The journal requirement has been waived for attorneys and law firms if they maintain copies of the notarized documents:

Section 176.900 Journal Requirements:

“(f) Notwithstanding any other subsection of this Part to the contrary, a notary employed by an attorney or law firm is not required to keep a journal of notarizations performed during the notary’s employment if the attorney or law firm maintains a copy of the documents notarized…”

Journal requirements are further detailed in Sections 176.900 -176.960 of the Administrative Code.