2021 Illinois Compiled Statutes
Chapter 5 - GENERAL PROVISIONS
5 ILCS 312/ - Illinois Notary Public Act.
Article I - General Provisions

(5 ILCS 312/Art. I heading)

ARTICLE I
GENERAL PROVISIONS

 

(5 ILCS 312/1-101) (from Ch. 102, par. 201-101)

Sec. 1-101. Short Title. This Act may be cited as the Illinois Notary Public Act.

(Source: P.A. 86-1475.)

 

(5 ILCS 312/1-102) (from Ch. 102, par. 201-102)

Sec. 1-102. Purposes and Rules of Construction.

(a) This Act shall be construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this Act are:

  • (1) to simplify, clarify, and modernize the law governing notaries public; and
  • (2) to promote, serve, and protect the public interest.

(Source: P.A. 84-322.)

 

(5 ILCS 312/1-103) (from Ch. 102, par. 201-103)

Sec. 1-103. Prospective Effect of Act. This Act applies prospectively. Nothing in this Act shall be construed to revoke any notary public commission existing on the effective date of this Act. All reappointments of notarial commissions shall be obtained in accordance with this Act.

(Source: P.A. 84-322.)

 

(5 ILCS 312/1-104) (from Ch. 102, par. 201-104)

(Text of Section before amendment by P.A. 102-160)

Sec. 1-104. Notary Public and Notarization Defined.

(a) The terms "notary public" and "notary" are used interchangeably to mean any individual appointed and commissioned to perform notarial acts.

(b) "Notarization" means the performance of a notarial act.

(c) "Accredited immigration representative" means a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees of those organizations accredited under 8 C.F.R. 292.2(d).

(Source: P.A. 93-1001, eff. 8-23-04.)

(Text of Section after amendment by P.A. 102-160)

Sec. 1-104. Definitions. As used in this Act:

"Accredited immigration representative" means a not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.29(a) and employees of those organizations accredited under 8 C.F.R. 292.29(d).

"Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

"Audio-video communication" means communication by which a person is able to see, hear, and communicate with another person in real time using electronic means.

"Communication technology" means an electronic device or process that allows a notary public and a remotely located individual to communicate with each other simultaneously by audio-video communication.

"Credential" means a tangible record evidencing the identity of a person, including a valid and unexpired identification card or other document issued by the federal government or any state government that contains the photograph and signature of the principal.

"Digital certificate" means a computer-based record or electronic file to a notary public or applicant for commission as an electronic notary public for the purpose of creating an official electronic signature. The digital certificate shall be kept in the exclusive control of the electronic notary public.

"Dynamic knowledge based authentication assessment" means an identity assessment that is based on a set of questions formulated from public or private data sources for which the person taking the assessment has not previously provided an answer that meets any rules adopted by the Secretary of State.

"Electronic" means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means.

"Electronic notarial act" means an act that an electronic notary public of this State is authorized to perform. The term includes:

  • (1) taking an acknowledgment;
  • (2) administering an oath or affirmation;
  • (3) executing a jurat;
  • (4) certifying a true and correct copy; and
  • (5) performing such other duties as may be prescribed by a specific statute.

"Electronic notarial certificate" means the portion of a notarized electronic document that is completed by an online notary public and contains the following:

  • (1) the electronic notary public's electronic signature, electronic seal, title, and commission expiration date;
  • (2) other required information concerning the date and placement of the electronic notarization; and
  • (3) the facts attested to or certified by the electronic notary public in the particular notarization.

"Electronic notarial certificate" includes the form of an acknowledgment, jurat, verification on oath or affirmation, or verification of witness or attestation that is completed remotely by an electronic notary public and:

  • (1) contains the electronic notary's electronic signature, electronic seal, title and commission, and expiration date;
  • (2) contains other required information concerning the date and place of the electronic notarization;
  • (3) otherwise conforms to the requirements for an acknowledgment, jurat, verification on oath or affirmation, or verification of witness or attestation under the laws of this State; and
  • (4) indicates that the person making the acknowledgment, oath, or affirmation appeared.

"Electronic notarization system" means a set of applications, programs, hardware, software, or technology to enable an electronic notary to perform electronic notarial acts through audio-video communication.

"Electronic notary public" means a person commissioned by the Secretary of State to perform electronic notarial acts.

"Electronic presentation" means the transmission of a quality image of a government-issued identification credential to an electronic notary public through communication technology for the purpose of enabling the electronic notary public to identify the person appearing before the electronic notary public and to perform a credential analysis.

"Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.

"Electronic seal" means information within a notarized electronic document that includes the names, commission number, jurisdiction, and expiration date of the commission of an electronic notary public and generally includes the information required to be set forth in a mechanical stamp under subsection (b-5) of Section 3-101.

"Electronic signature" means the official signature of the commissioned notary that is on file with the Secretary of State and has been reduced to an electronic format that may be attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record.

"Identity proofing" means a process or service operating according to criteria approved by the Secretary of state through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources, including (a) by means of dynamic knowledge-based authentication, such as a review of personal information from public or proprietary data sources; or (b) by means of analysis of biometric data, such as, but not limited to, facial recognition, voiceprint analysis, or fingerprint analysis.

"In the presence of" or "appear before" means:

  • (1) being in the same physical location as another person and close enough to see, hear, communicate with and exchange credentials with that person; or
  • (2) being in a different physical location from another person, but able to see, hear, and communicate with the person by means of audio-video communication that meets any rules adopted by the Secretary of State.

"Notarial act" means an act, whether performed with respect to a tangible or electronic record, that a notary public, a remote notary public, or an electronic notary public may perform under the laws of this State. "Notary act" includes taking an acknowledgment, administering an oath, or affirmation, taking a verification on oath, or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

"Notary public" or "notary" means an individual commissioned to perform notarial acts.

"Notarization" means the performance of a notarial act.

"Outside the United States" means a location outside of the geographic boundaries of a state or commonwealth of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, and any territory, or insular possession, or other location subject to the jurisdiction of the United States.

"Principal" means an individual:

  • (1) whose signature is notarized; or
  • (2) taking an oath or affirmation from the notary but not in the capacity of a witness for the notarization.

"Public key certificate" means an electronic credential which is used to identify an individual who signed an electronic record with the certificate.

"Real time" means the actual span of uninterrupted time during which all parts of an electronic notarial act occur.

"Remote notarial act" means a notarial act that is done by way of audio-video 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.

"Remote notary public" means any notary public that performs a remote notarial act.

"Tamper evident" means that any change to an electronic document shall display evidence of the change.

"Unique to the electronic notary public" and "sole control" mean, with respect to an electronic notarization that the signing device used to affix the electronic signature of the electronic notary public and to render the official electronic seal information tamper evident must be accessible by and attributable solely to the electronic notary public to the exclusion of all other persons and entities for the necessary period of time that such device is engaged and operating to effectuate the authorized electronic notarization.

(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)

 

(5 ILCS 312/1-105)

Sec. 1-105. (Repealed).

(Source: P.A. 101-645, eff. 6-26-20. Repealed internally, eff. 7-1-21.)

 

(5 ILCS 312/1-106)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1-106. Electronic Notarization Fund. The Electronic Notarization Fund is created as a special fund in the State treasury. Moneys in the Electronic Notarization Fund during the preceding calendar year, shall be distributed, subject to appropriation, to the Secretary of State to fund the Department of Index's implementation and maintenance of the electronic notarization commissions. This Section is effective on and after July 1, 2022.

(Source: P.A. 102-160, eff. 7-1-22.)

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