Notary Public Handbook

Cover Doc:CoveDoc 5/20/10 10:23 AM Page 1
ILLINOIS
NOTARY PUBLIC
HANDBOOK
Jesse White
Secretary of State
I Pub 16.21:Notary Handbook 5/20/10 10:21 AM Page 1
OFFICE OF THE SECRETARY OF STATE
This handbook outlines the important duties of a notary pub-
lic. The Illinois Notary Public Act, effective July 1, 1986, was
passed to better meet the needs of the modern business
world. Effective in June 2000, under certain conditions, res-
idents of states bordering Illinois may be commissioned as
Illinois notaries.
Following are basic rules for proper and safe notarization: 1) Keep your notary seal
in a safe place; 2) Do not notarize a signature unless the signer is present at the time
of notarization; 3) Do not lend your stamp to anyone, including your employer; 4) Do
not identify a document signer on the word of a friend or employer who is not willing
to take an oath; 5) Sign your name on notarial certificates exactly as it appears on
your commission and affix your seal.
I encourage you to read this handbook thoroughly. If you have questions, please con-
tact: Office of the Secretary of State, Index Department, 111 E. Monroe St., Springfield,
IL 62756.
Jesse White
Secretary of State
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TABLE OF CONTENTS
ILLINOIS NOTARY PUBLIC ACT
Article I – General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Article II – Appointment Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-6
Article III – Duties-Fees-Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12
Article IV – Change of Name or Move from County . . . . . . . . . . . . . . . . . . . . . 13
Article V – Reappointment as a Notary Public . . . . . . . . . . . . . . . . . . . . . . . . . 13
Article VI – Notarial Acts and Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-16
Article VII – Liability and Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-18
Article VIII – Repealer and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
APPLICATION FOR COMMISSION AS A NOTARY PUBLIC
Avoiding Processing Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Reminders for Completing Your Appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 19
Notaryʼs Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
FREQUENTLY ASKED QUESTIONS
Notary Appointment Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-24
Performing Notarizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-26
Notarial Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-27
Notarization Procedures/Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Non-Resident Commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Miscellaneous Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
COUNTY CLERKS
General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
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ILLINOIS NOTARY PUBLIC ACT

(Illinois Compiled Statutes 5 ILCS 312)
ARTICLE I
GENERAL PROVISIONS
1-101. Short Title.
This Act may be cited as the Illinois Notary Public Act.
(Source: P.A. 86-1475.)
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.)
1-103. Prospective Effect of Act.

This Act applies prospectively. Nothing in this Act shall be construed to revoke any no-
tary 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.)
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.)
ARTICLE II
APPOINTMENT PROVISIONS
2-101. Appointment.
The Secretary of State may appoint and commission as notaries public for a four-year
term as many persons resident in a county in this State as he deems necessary. The
Secretary of State may appoint and commission as notaries public for a one-year term
as many persons who are residents of a state bordering Illinois whose place of work
or business is within a county in this State as the Secretary deems necessary, but only
if the laws of that state authorize residents of Illinois to be appointed and commissioned
as notaries public in that state.
(Source: P.A. 91-818, eff. 6-13-00.)
2-102. Application.
Every applicant for appointment and commission as a notary shall complete an appli-
cation form furnished by the Secretary of State to be filed with the Secretary of State,
stating:
(a) the applicantʼs official name, which contains his or her last name and at least
the initial of the first name;
(b) the county in which the applicant resides or, if the applicant is a resident of a
state bordering Illinois, the county in Illinois in which that personʼs principal
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place of work or principal place of business is located;

(c) the applicantʼs residence address and business address, if any, or any address
at which an applicant will use a notary public commission to receive fees;
(d) that the applicant has resided in the State of Illinois for 30 days preceding
the application or that the applicant who is a resident of a state bordering Illi-
nois has worked or maintained a business in Illinois for 30 days preceding
the application;
(e) that the applicant is a citizen of the United States or an alien lawfully admitted
for permanent residence in the United States;
(f) that the applicant is at least 18 years of age;
(g) that the applicant is able to read and write the English language;
(h) that the applicant has never been the holder of a notary public appointment
that was revoked or suspended during the past 10 years;
(i) that the applicant has not been convicted of a felony; and
(j) any other information the Secretary of State deems necessary.
(Source: P.A. 93-1001, eff. 8-23-04.)
2-103. Appointment Fee.

Every applicant for appointment and commission as a notary public shall pay to the
Secretary of State a fee of $10.
(Source: P.A. 85-1396.)
2-104. Oath.
Every applicant for appointment and commission as a notary public shall take the fol-
lowing oath in the presence of a person qualified to administer an oath in this State:
“I, ___________________________________ (name of applicant), solemnly

affirm, under the penalty of perjury, that the answers to all questions in this
application are true, complete, and correct; that I have carefully read the no-
tary law of this State; and that, if appointed and commissioned as a notary
public, I will perform faithfully, to the best of my ability, all notarial acts in ac-
cordance with the law.”
_________________________________________ (Signature of applicant)
Subscribed and affirmed before me on ______________________, _______
_____________________________________________________________
(Official signature and official seal of notary)”
(Source: P.A. 91-357, eff. 7-29-99.)
2-105. Bond.
Every application for appointment and commission as a notary public shall be accom-
panied by an executed bond commencing on the date of the appointment with a term
of four years, in the sum of $5,000, with, as surety thereon, a company qualified to
write surety bonds in this State. The bond shall be conditioned upon the faithful per-
formance of all notarial acts in accordance with this Act. The Secretary of State may
prescribe an official bond form.
(Source: P.A. 84-322.)
2-106. Appointment Recorded by County Clerk.

The appointment of the applicant as a notary public is complete when the commission
is recorded with the county clerk.
–5–
The Secretary of State shall forward the applicantʼs commission to the county clerk of
the county in which the applicant resides or, if the applicant is a resident of a state
bordering Illinois, the county in Illinois in which the applicantʼs principal place of work
or principal place of business is located. Upon receipt thereof, the county clerk shall
notify the applicant of the action taken by the Secretary of State, and the applicant
shall either appear at the county clerkʼs office to record the same and receive the com-
mission or request by mail to have the commission sent to the applicant with a spec-
imen signature of the applicant attached to the request. The applicant shall have a
record of the appointment, and the time when the commission will expire, entered in
the records of the office of the county clerk. When the applicant appears before the
county clerk, the applicant shall pay a fee of $5, at which time the county clerk shall
then deliver the commission to the applicant.
If the appointment is completed by mail, the applicant shall pay the county clerk a fee
of $10, which shall be submitted with the request to the county clerk. The county clerk
shall then record the appointment and send the commission by mail to the applicant.
If an applicant does not respond to the notification by the county clerk within 30 days,
the county clerk shall again notify the applicant that the county clerk has received the
applicantʼs notary public commission issued by the Secretary of State. The second
notice shall be in substantially the following form:
“The records of this office indicate that you have not picked up your notary public com-
mission from the Office of the County Clerk.
The Illinois Notary Public Law requires you to appear in person in the clerkʼs office,
record your commission, and pay a fee of $5 to the county clerk or request that your
commission be mailed to you. This request must be accompanied by a specimen of
your signature and $10 fee payable to the county clerk.
Your appointment as a notary is not complete until the commission is recorded with
the county clerk. Furthermore, if you do not make arrangements with the clerk for
recording and delivery of your commission within 30 days from the date of this letter,
the county clerk will return your commission to the Secretary of State. Your commission
will be cancelled and your name will be removed from the list of notaries in the State
of Illinois.
I should also like to remind you that any person who attests to any document as a no-
tary and is not a notary in good standing with the Office of the Secretary of State is
guilty of official misconduct and may be subject to a fine or imprisonment.”
The Secretary of State shall cancel the appointment of all notaries whose commis-
sions are returned to his office by the county clerks. No application fee will be re-
funded and no bonding company is required to issue a refund when an appointment
is cancelled.
(Source: P.A. 91-818, eff. 6-13-00.)
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ARTICLE III
DUTIES – FEES – AUTHORITY
3-101. Official Seal and Signature.
(a) Each notary public shall, upon receiving the commission from the county
clerk, obtain an official rubber stamp seal with which the notary shall authen-
ticate his official acts. The rubber stamp seal shall contain the following in-
formation:
(1) the words “Official Seal;”
(2) the notaryʼs official name;
(3) the words “Notary Public,” “State of Illinois,” and “My commission ex-
pires____________(commission expiration date);” and
(4) a serrated or milled edge border in a rectangular form not more than one
inch in height by two and one-half inches in length surrounding the in-
formation.
(b) At the time of the notarial act, a notary public shall officially sign every notary
certificate and affix the rubber stamp seal clearly and legibly using black ink,
so that it is capable of photographic reproduction. The illegibility of any of the
information required by this Section does not affect the validity of a transac-
tion.
This subsection does not apply on or after July 1, 2013.
(Source: P.A. 95-988, eff. 6-1-09.)
3-102. Notarial Record; Residential Real Property Transactions.

(a) This Section shall apply to every notarial act in Illinois involving a document
of conveyance that transfers or purports to transfer title to residential real
property located in Cook County.
(b) As used in this Section, the following terms shall have the meanings ascribed
to them:
(1) “Document of Conveyance” shall mean a written instrument that trans-
fers or purports to transfer title effecting a change in ownership to Res-
idential Real Property, excluding:
(i) court-ordered and court-authorized conveyances of Residential
Real Property, including without limitation, quit-claim deeds exe-
cuted pursuant to a marital settlement agreement incorporated into
a judgment of dissolution of marriage, and transfers in the adminis-
tration of a probate estate;
(ii) judicial sale deeds relating to Residential Real Property, including
without limitation, sale deeds issued pursuant to proceedings to
foreclose a mortgage or execute on a levy to enforce a judgment;
(iii) deeds transferring ownership of Residential Real Property to a trust
where the beneficiary is also the grantor;
(iv) deeds from grantors to themselves that are intended to change the
nature or type of tenancy by which they own Residential Real Prop-
erty;
(v) deeds from a grantor to the grantor and another natural person that
are intended to establish a tenancy by which the grantor and the
other natural person own Residential Real Property;
(vi) deeds executed to the mortgagee in lieu of foreclosure of a mort-
gage; and
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(vii) deeds transferring ownership to a revocable or irrevocable grantor

trust where the beneficiary includes the grantor.
(2) “Financial Institution” shall mean a State or federally chartered bank,
savings and loan association, savings bank, or credit union.
(3) “Notarial Record” shall mean the written document created in conformity
with this Section by a notary in connection with Documents of Con-
veyance.
(4) “Residential Real Property” shall mean a building or buildings located in
Cook County, Illinois and containing one to four dwelling units or an in-
dividual residential condominium unit.
(5) “Title Insurance Agent” shall have the meaning ascribed to it under the
Title Insurance Act.
(6) “Title Insurance Company” shall have the meaning ascribed to it under
the Title Insurance Act.
(c) A notary appointed and commissioned as a notary in Illinois shall, in addition
to compliance with other provisions of this Act, create a Notarial Record of
each notarial act performed in connection with a Document of Conveyance.
The Notarial Record shall contain:
(1) The date of the notarial act;
(2) The type, title, or a description of the Document of Conveyance being
notarized, and the property index number (“PIN”) used to identify the
Residential Real Property for assessment or taxation purposes and the
common street address for the Residential Real Property that is the sub-
ject of the Document of Conveyance;
(3) The signature, printed name, and residence street address of each per-
son whose signature is the subject of the notarial act and a certification
by the person that the property is Residential Real Property as defined
in this Section, which states “The undersigned grantor hereby certifies
that the real property identified in this Notarial Record is Residential Real
Property as defined in the Illinois Notary Public Act.”
(4) A description of the satisfactory evidence reviewed by the notary to de-
termine the identity of the person whose signature is the subject of the
notarial act;
(5) The date of notarization, the fee charged for the notarial act, the Notaryʼs
home or business phone number, the Notaryʼs residence street address,
the Notaryʼs commission expiration date, the correct legal name of the
Notaryʼs employer or principal, and the business street address of the
Notaryʼs employer or principal; and
(6) The notary public shall require the person signing the Document of Con-
veyance (including an agent acting on behalf of a principal under a duly
executed power of attorney), whose signature is the subject of the no-
tarial act, to place his or her right thumbprint on the Notarial Record. If
the right thumbprint is not available, then the notary shall have the party
use his or her left thumb, or any available finger, and shall so indicate
on the Notarial Record. If the party signing the document is physically
unable to provide a thumbprint or fingerprint, the notary shall so indicate
on the Notarial Record and shall also provide an explanation of that
physical condition. The notary may obtain the thumbprint by any means
that reliably captures the image of the finger in a physical or electronic
medium.
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(d) If a notarial act under this Section is performed by a notary who is a principal,
employee, or agent of a Title Insurance Company, Title Insurance Agent, Fi-
nancial Institution, or attorney at law, the notary shall deliver the original No-
tarial Record to the notaryʼs employer or principal within 14 days after the
performance of the notarial act for retention for a period of seven years as
part of the employerʼs or principalʼs business records. In the event of a sale
or merger of any of the foregoing entities or persons, the successor or as-
signee of the entity or person shall assume the responsibility to maintain the
Notarial Record for the balance of the seven-year business records retention
period. Liquidation or other cessation of activities in the ordinary course of
business by any of the foregoing entities or persons shall relieve the entity
or person from the obligation to maintain Notarial Records after delivery of
Notarial Records to the Recorder of Deeds of Cook County, Illinois.
(e) If a notarial act is performed by a notary who is not a principal, employee, or
agent of a Title Insurance Company, Title Insurance Agent, Financial Institu-
tion, or attorney at law, the notary shall deliver the original Notarial Record
within 14 days after the performance of the notarial act to the Recorder of
Deeds of Cook County, Illinois for retention for a period of seven years, ac-
companied by a filing fee of $5.
(f) The Notarial Record required under subsection (c) of this Section shall be
created and maintained for each person whose signature is the subject of a
notarial act regarding a Document of Conveyance and shall be in substan-
tially the following form:
___________________________________________________________
NOTARIAL RECORD - RESIDENTIAL REAL
PROPERTY TRANSACTIONS
Date Notarized:
Fee: $
The undersigned grantor hereby certifies that the real property identified in
this Notarial Record is Residential Real Property as defined in the Illinois
Notary Public Act.
Grantorʼs (Signerʼs) Printed Name:
Grantorʼs (Signerʼs) Signature:
Grantorʼs (Signerʼs) Residential Street Address, City, State, and Zip:
Type or Name of Document of Conveyance:
PIN No. of Residential Real Property:
Common Street Address of Residential Real Property:
Thumbprint or Fingerprint:
Description of Means of Identification:
Additional Comments:
Name of Notary Printed:
Notary Phone Number:
Commission Expiration Date:
Residential Street Address of Notary, City, State, and Zip:
Name of Notaryʼs Employer or Principal:
Business Street Address of Notaryʼs Employer or Principal, City, State, and
Zip:
_______________________________________________________________
(g) No copies of the original Notarial Record may be made or retained by the
Notary. The Notaryʼs employer or principal may retain copies of the Notarial
Records as part of its business records, subject to applicable privacy and
confidentiality standards.
–9–
(h) The failure of a notary to comply with the procedure set forth in this Section
shall not affect the validity of the Residential Real Property transaction in con-
nection to which the Document of Conveyance is executed, in the absence
of fraud.
(i) The Notarial Record or other medium containing the thumbprint or fingerprint
required by subsection (c)(6) shall be made available or disclosed only upon
receipt of a subpoena duly authorized by a court of competent jurisdiction.
Such Notarial Record or other medium shall not be subject to disclosure
under the Freedom of Information Act and shall not be made available to any
other party, other than a party in succession of interest to the party maintain-
ing the Notarial Record or other medium pursuant to subsection (d) or (e).
(j) In the event there is a breach in the security of a Notarial Record maintained
pursuant to subsections (d) and (e) by the Recorder of Deeds of Cook
County, Illinois, the Recorder shall notify the person identified as the “signer”
in the Notarial Record at the signerʼs residential street address set forth in
the Notarial Record. “Breach” shall mean unauthorized acquisition of the fin-
gerprint data contained in the Notarial Record that compromises the security,
confidentiality, or integrity of the fingerprint data maintained by the Recorder.
The notification shall be in writing and made in the most expedient time pos-
sible and without unreasonable delay, consistent with any measures neces-
sary to determine the scope of the breach and restore the reasonable
security, confidentiality, and integrity of the Recorderʼs data system.
(k) Subsections (a) through (i) shall not apply on and after July 1, 2013.
(l) Beginning July 1, 2013, at the time of notarization, a notary public shall offi-
cially sign every notary certificate and affix the rubber stamp seal clearly and
legibly using black ink, so that it is capable of photographic reproduction. The
illegibility of any of the information required by this Section does not affect
the validity of a transaction.
(Source: P.A. 95-988, eff. 6-1-09.)
3-103. Notice.
(a) Every notary public who is not an attorney or an accredited immigration rep-
resentative who advertises the services of a notary public in a language other
than English, whether by radio, television, signs, pamphlets, newspapers, or
other written communication, with the exception of a single desk plaque, shall
include in the document, advertisement, stationery, letterhead, business card,
or other comparable written material the following: notice in English and the
language in which the written communication appears. This notice shall be
of a conspicuous size, if in writing, and shall state: “I AM NOT AN ATTORNEY
LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL
ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.” If such advertisement
is by radio or television, the statement may be modified but must include sub-
stantially the same message.
A notary public shall not, in any document, advertisement, stationery, let-
terhead, business card, or other comparable written material describing the
role of the notary public, literally translate from English into another language
terms or titles including, but not limited to, notary public, notary, licensed, at-
torney, lawyer, or any other term that implies the person is an attorney. To il-
lustrate, the word “notario” is prohibited under this provision.
Failure to follow the procedures in this Section shall result in a fine of
$1,000 for each written violation. The second violation shall result in suspen-
– 10 –
sion of notary authorization. The third violation shall result in permanent rev-
ocation of the commission of notary public. Violations shall not preempt or
preclude additional appropriate civil or criminal penalties.
(b) All notaries public required to comply with the provisions of subsection (a)
shall prominently post at their place of business as recorded with the Secre-
tary of State pursuant to Section 2-102 of this Act a schedule of fees estab-
lished by law which a notary public may charge. The fee schedule shall be
written in English and in the non-English language in which notary services
were solicited and shall contain the disavowal of legal representation required
above in subsection (a), unless such notice of disavowal is already promi-
nently posted.
(c) No notary public, agency or any other person who is not an attorney shall
represent, hold themselves out or advertise that they are experts on immi-
gration matters or provide any other assistance that requires legal analysis,
legal judgment, or interpretation of the law unless they are a designated entity
as defined pursuant to Section 245a.1 of Part 245a of the Code of Federal
Regulations (8CFR 245a.1) or an entity accredited by the Board of Immigra-
tion Appeals.
(d) Any person who aids, abets or otherwise induces another person to give false
information concerning immigration status shall be guilty of a Class A misde-
meanor for a first offense and a Class 3 felony for a second or subsequent of-
fense committed within five years of a previous conviction for the same offense.
Any notary public who violates the provisions of this Section shall be guilty
of official misconduct and subject to fine or imprisonment.
Nothing in this Section shall preclude any consumer of notary public serv-
ices from pursuing other civil remedies available under the law.
(e) No notary public who is not an attorney or an accredited representative shall
accept payment in exchange for providing legal advice or any other assis-
tance that requires legal analysis, legal judgment, or interpretation of the law.
(f) Violation of subsection (e) is a business offense punishable by a fine of three
times the amount received for services, or $1,001 minimum, and restitution
of the amount paid to the consumer. Nothing in this Section shall be con-
strued to preempt nor preclude additional appropriate civil remedies or crim-
inal charges available under law.
(g) If a notary public of this State is convicted of two or more business offenses
involving a violation of this Act within a 12-month period while commissioned,
or of three or more business offenses involving a violation of this Act within
a five-year period regardless of being commissioned, the Secretary shall au-
tomatically revoke the notary public commission of that person on the date
that the personʼs most recent business offense conviction is entered as a
final judgment.
(Source: P.A. 93-1001, eff. 8-23-04.)
3-104. Maximum Fee.

(a) Except as provided in subsection (b) of this Section, the maximum fee in this
State is $1 for any notarial act performed and, until July 1, 2013, up to $25
for any notarial act performed pursuant to Section 3-102.
(b) Fees for a notary public, agency, or any other person who is not an attorney
or an accredited representative filling out immigration forms shall be limited
to the following:
(1) $10 per form completion;
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(2) $10 per page for the translation of a non-English language into English
where such translation is required for immigration forms;
(3) $1 for notarizing;
(4) $3 to execute any procedures necessary to obtain a document required
to complete immigration forms; and
(5) A maximum of $75 for one complete application.
Fees authorized under this subsection shall not include application
fees required to be submitted with immigration applications.
Any person who violates the provisions of this subsection shall be
guilty of a Class A misdemeanor for a first offense and a Class 3 felony
for a second or subsequent offense committed within 5 years of a previ-
ous conviction for the same offense.
(c) Upon his own information or upon complaint of any person, the Attorney Gen-
eral or any Stateʼs Attorney, or their designee, may maintain an action for in-
junctive relief in the court against any notary public or any other person who
violates the provisions of subsection (b) of this Section. These remedies are
in addition to, and not in substitution for, other available remedies.
If the Attorney General or any Stateʼs Attorney fails to bring an action as
provided pursuant to this subsection within 90 days of receipt of a complaint,
any person may file a civil action to enforce the provisions of this subsection
and maintain an action for injunctive relief.
(d) All notaries public must provide receipts and keep records for fees accepted
for services provided. Failure to provide receipts and keep records that can
be presented as evidence of no wrongdoing shall be construed as a pre-
sumptive admission of allegations raised in complaints against the notary for
violations related to accepting prohibited fees.
(Source: P.A. 95-988, eff. 6-1-09.)
3-105. Authority.
A notary public shall have authority to perform notarial acts throughout the State so
long as the notary resides in the same county in which the notary was commissioned
or, if the notary is a resident of a state bordering Illinois, so long as the notaryʼs principal
place of work or principal place of business is in the same county in Illinois in which
the notary was commissioned.
(Source: P.A. 91-818, eff. 6-13-00.)
3-106. Certificate of Authority.

Upon the receipt of a written request, the notarized document, and a fee of $2 payable
to the Secretary of State or County Clerk, the Office of the Secretary of State or County
Clerk shall provide a certificate of authority in substantially the following form:
_______________________________________________________________
I ___________________________ (Secretary of State or _________________________

County Clerk) of the State of Illinois, which office is an office of record having a seal, certify
that ____________________________ (notaryʼs name) by whom the foregoing or annexed
document was notarized, was, on ______________________ (insert date), appointed and
commissioned a notary public in and for the State of Illinois and that as such, full faith and
credit is and ought to be given to this notaryʼs official attestations. In testimony whereof, I
have affixed my signature and the seal of this office on __________________ (insert date).
__________________________________
(Secretary of State) or (Lee County Clerk).
_______________________________________________________________________
(Source: P.A. 91-357, eff. 7-29-99.)
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ARTICLE IV
CHANGE OF NAME OR MOVE FROM COUNTY
4-101. Changes causing commission to cease to be in effect.
When any notary public legally changes his or her name or moves from the county in
which he or she was commissioned or, if the notary public is a resident of a state bor-
dering Illinois, no longer maintains a principal place of work or principal place of busi-
ness in the same county in Illinois in which he or she was commissioned, the
commission ceases to be in effect and should be returned to the Secretary of State.
These individuals who desire to again become a notary public must file a new appli-
cation, bond, and oath with the Secretary of State.
(Source: P.A. 91-818, eff. 6-13-00.)
ARTICLE V
REAPPOINTMENT AS A NOTARY PUBLIC
5-101. Reappointment.
No person is automatically reappointed as a notary public. At least 60 days prior to
the expiration of a commission the Secretary of State shall mail notice of the expiration
date to the holder of a commission. Every notary public who is an applicant for reap-
pointment shall comply with the provisions of Article II of this Act.
(Source: P.A. 84-322.)
5-102. Solicitation to Purchase Bond.

No person shall solicit any notary public and offer to provide a surety bond more than
60 days in advance of the expiration date of the notary publicʼs commission.
Nor shall any person solicit any applicant for a commission or reappointment
thereof and offer to provide a surety bond for the notary commission unless any such
solicitation specifically sets forth in bold face type not less than 1/4 inch in height the
following: “WE ARE NOT ASSOCIATED WITH ANY STATE OR LOCAL GOVERN-
MENTAL AGENCY.”
Whenever it shall appear to the Secretary of State that any person is engaged or
is about to engage in any acts or practices which constitute or will constitute a violation
of the provisions of this Section, the Secretary of State may, in his discretion, through
the Attorney General, apply for an injunction, and, upon a proper showing, any circuit
court shall have power to issue a permanent or temporary injunction or restraining
order without bond to enforce the provisions of this Act, and either party to such suit
shall have the right to prosecute an appeal from the order or judgment of the court.
Any person, association, corporation, or others who violate the provisions of this
Section shall be guilty of a business offense and punishable by a fine of not less than
$500 for each offense.
(Source: P.A. 84-322.)
ARTICLE VI
NOTARIAL ACTS AND FORMS
6-101. Definitions.
(a) “Notarial act” means any act that a notary public of this State is authorized to
perform and includes taking an acknowledgment, administering an oath or
affirmation, taking a verification upon oath or affirmation, and witnessing or
attesting a signature.
(b) “Acknowledgment” means a declaration by a person that the person has ex-
ecuted an instrument for the purposes stated therein and, if the instrument is
– 13 –
executed in a representative capacity, that the person signed the instrument

with proper authority and executed it as the act of the person or entity repre-
sented and identified therein.
(c) “Verification upon oath or affirmation” means a declaration that a statement
is true made by a person upon oath or affirmation.
(d) “In a representative capacity” means:
(1) for and on behalf of a corporation, partnership, trust, or other entity, as
an authorized officer, agent, partner, trustee, or other representative;
(2) as a public officer, personal representative, guardian, or other represen-
tative, in the capacity recited in the instrument;
(3) as an attorney in fact for a principal; or
(4) in any other capacity as an authorized representative of another.
(Source: P.A. 84-322.)
6-102. Notarial Acts.

(a) In taking an acknowledgment, the notary public must determine, either from
personal knowledge or from satisfactory evidence, that the person appearing
before the notary and making the acknowledgment is the person whose true
signature is on the instrument.
(b) In taking a verification upon oath or affirmation, the notary public must deter-
mine, either from personal knowledge or from satisfactory evidence, that the
person appearing before the notary and making the verification is the person
whose true signature is on the statement verified.
(c) In witnessing or attesting a signature, the notary public must determine, either
from personal knowledge or from satisfactory evidence, that the signature is
that of the person appearing before the notary and named therein.
(d) A notary public has satisfactory evidence that a person is the person whose
true signature is on a document if that person:
(1) is personally known to the notary;
(2) is identified upon the oath or affirmation of a credible witness personally
known to the notary; or
(3) is identified on the basis of identification documents. Until July 1, 2013,
identification documents are documents that are valid at the time of the
notarial act, issued by a state or federal government agency, and bearing
the photographic image of the individualʼs face and signature of the in-
dividual.
(Source: P.A. 95-988, eff. 6-1-09.)
6-103. Certificate of Notarial Acts.

(a) A notarial act must be evidenced by a certificate signed and dated by the no-
tary public. The certificate must include identification of the jurisdiction in
which the notarial act is performed and the official seal of office.
(b) A certificate of a notarial act is sufficient if it meets the requirements of sub-
section (a) and it:
(1) is in the short form set forth in Section 6-105;
(2) is in a form otherwise prescribed by the law of this State; or
(3) sets forth the actions of the notary public and those are sufficient to meet
the requirements of the designated notarial act.
(Source: P.A. 84-322.)
6-104. Acts Prohibited.

(a) A notary public shall not use any name or initial in signing certificates other
– 14 –
than that by which the notary was commissioned.

(b) A notary public shall not acknowledge any instrument in which the notaryʼs
name appears as a party to the transaction.
(c) A notary public shall not affix his signature to a blank form of affidavit or cer-
tificate of acknowledgment and deliver that form to another person with intent
that it be used as an affidavit or acknowledgment.
(d) A notary public shall not take the acknowledgment of or administer an oath
to any person whom the notary actually knows to have been adjudged men-
tally ill by a court of competent jurisdiction and who has not been restored to
mental health as a matter of record.
(e) A notary public shall not take the acknowledgment of any person who is blind
until the notary has read the instrument to such person.
(f) A notary public shall not take the acknowledgment of any person who does
not speak or understand the English language, unless the nature and effect
of the instrument to be notarized is translated into a language, which the per-
son does understand.
(g) A notary public shall not change anything in a written instrument after it has
been signed by anyone.
(h) No notary public shall be authorized to prepare any legal instrument, or fill in
the blanks of an instrument, other than a notary certificate; however, this pro-
hibition shall not prohibit an attorney, who is also a notary public, from per-
forming notarial acts for any document prepared by that attorney.
(i) If a notary public accepts or receives any money from any one to whom an
oath has been administered or on behalf of whom an acknowledgment has
been taken for the purpose of transmitting or forwarding such money to an-
other and willfully fails to transmit or forward such money promptly, the notary
is personally liable for any loss sustained because of such failure. The person
or persons damaged by such failure may bring an action to recover damages,
together with interest and reasonable attorney fees, against such notary pub-
lic or his bondsmen.
(Source: P.A. 85-421.)
6-105. Short Forms.

The following short form certificates of notarial acts are sufficient for the purposes in-
dicated.
(a) For an acknowledgment in an individual capacity:
_______________________________________________________________
State of _________________________
County of ________________________
This instrument was acknowledged before me on ___________ (date) by
_____________________________ (name/s of person/s.)
______________________
(Signature of Notary Public)
(Seal)
_______________________________________________________________
– 15 –
(b) For an acknowledgment in a representative capacity:
State of _________________________
County of ________________________
This instrument was acknowledged before me on ___________ (date) by
_________________________________________ (name/s of person/s) as
________________________________________ (type of authority, e.g., officer,
trustee, etc.) of ________________________________________ (name of party
on behalf of whom instrument was executed).
______________________
(Seal)
(c) For a verification upon oath or affirmation:
State of _________________________
County of ________________________
Signed and sworn (or affirmed) to before me on ____________ (date) by
_________________ (name/s of person/s making statement).
______________________
(Seal)
(d) For witnessing or attesting a signature:
State of _________________________
County of ________________________
Signed and attested before me on ________________________ (date) by
_______________________________ (name/s of person/s).
______________________
(Seal)
(Source: P.A. 84-322.)
– 16 –
ARTICLE VII
LIABILITY AND REVOCATION
7-101. Liability of Notary and Surety.
A notary public and the surety on the notaryʼs bond are liable to the persons involved
for all damages caused by the notaryʼs official misconduct.
(Source: P.A. 84-322.)
7-102. Liability of Employer of Notary.

The employer of a notary public is also liable to the persons involved for all damages
caused by the notaryʼs official misconduct, if:
(a) the notary public was acting within the scope of the notaryʼs employment at
the time the notary engaged in the official misconduct; and
(b) the employer consented to the notary publicʼs official misconduct.
(Source: P.A. 84-322.)
7-103. Cause of Damages.

It is not essential to a recovery of damages that a notaryʼs official misconduct be the
only cause of the damages.
(Source: P.A. 84-322.)
7-104. Official Misconduct Defined.

The term “official misconduct” generally means the wrongful exercise of a power or
the wrongful performance of a duty and is fully defined in Section 33-3 of the Criminal
Code of 1961. The term “wrongful” as used in the definition of official misconduct
means unauthorized, unlawful, abusive, negligent, reckless, or injurious.
(Source: P.A. 85-293.)
7-105. Official Misconduct.

(a) A notary public who knowingly and willfully commits any official misconduct
is guilty of a Class A misdemeanor.
(b) A notary public who recklessly or negligently commits any official misconduct
is guilty of a Class B misdemeanor.
(Source: P.A. 84-322.)
7-106. Willful Impersonation.

Any person who acts as, or otherwise willfully impersonates, a notary public while not
lawfully appointed and commissioned to perform notarial acts is guilty of a Class A
misdemeanor.
(Source: P.A. 84-322.)
7-107. Wrongful Possession.

Any person who unlawfully possesses a notaryʼs official seal is guilty of a misdemeanor
and punishable upon conviction by a fine not exceeding $1,000.
(Source: P.A. 84-322.)
7-108. Revocation of Commission.

The Secretary of State may revoke the commission of any notary public who, during
the current term of appointment:
(a) submits an application for commission and appointment as a notary public
which contains substantial and material misstatement or omission of fact; or
(b) is convicted of any felony, or official misconduct under this Act.
(Source: P.A. 84-322.)
– 17 –
7-109. Action for Injunction, Unauthorized Practice of Law.

Upon his own information or upon complaint of any person, the Attorney General or
any Stateʼs Attorney, or their designee, may maintain an action for injunctive relief in
the circuit court against any notary public who renders, offers to render, or holds him-
self or herself out as rendering any service constituting the unauthorized practice of
the law. Any organized bar association in this State may intervene in the action, at any
stage of the proceeding, for good cause shown. The action may also be maintained
by an organized bar association in this State. These remedies are in addition to, and
not in substitution for, other available remedies.
(Source: P.A. 84-322.)
ARTICLE VIII
REPEALER AND EFFECTIVE DATE
(5 ILCS 312/8-101) (from Ch. 102, par. 208-101)

Sec. 8-101. Section 2 of “An Act to increase the fee for issuing commissions to
notaries public,” approved June 3, 1897, as amended, is repealed.
(Source: P.A. 84-322.)
(5 ILCS 312/8-102) (from Ch. 102, par. 208-102)

Sec. 8-102. Section 28 of “An Act concerning fees and salaries, and to classify
the several counties of this State with reference thereto,” approved March 29,
1872, as amended, is repealed.
(Source: P.A. 84-322.)
(5 ILCS 312/8-103) (from Ch. 102, par. 208-103)

Sec. 8-103. “An Act to provide for the appointment, qualification and duties of no-
taries public and certifying their official acts and to provide for fines and penalties
for the violation thereof,” approved April 5, 1872, as amended, is repealed.
(Source: P.A. 84-322.)
(5 ILCS 312/8-104) (from Ch. 102, par. 208-104)

Sec. 8-104. This Act takes effect Juy 1, 1986.
(Source: P.A. 84-322.)
– 18 –
Application for Commission as a Notary Public

AVOIDING PROCESSING DELAYS
The applicant is responsible for the completion and accuracy of the information on the
notary public application and bond. The following are common errors made on the
application, which will result in a delay in processing time:
• Incomplete home address information, including apartment number, ZIP code and
county information.
• Not providing previous commission information.
REMINDERS FOR COMPLETING YOUR APPOINTMENT

Applicants must submit a copy of a valid Illinois driverʼs license or state ID card.
• All signatures on the application must be original. The use of signature stamps
is unacceptable.
• All applicants are required to obtain and submit a $5,000 Illinois Notary Public Bond.
Do not submit your Errors and Omissions Policy, or your application for a surety
bond, as these are not acceptable to satisfy the bond requirement. It is important
that the applicant sign his or her surety bond. An authorized representative of the
surety company must also sign the bond and affix their corporate seal. It is rec-
ommended that you submit a power of attorney with your surety bond.
• This office will only process original documents. Submitted copies of the bond
and/ or application will be returned to the applicant.
• The applicant must include the $10 filing fee with the application.
• Applications submitted more than six months before your current commission ex-
pires will not be accepted.
• Submitting an application that is handwritten with illegible handwriting may result
in delays or mistakes when processing. Please be sure to type your application or
print legibly.
• Complete your notary application with the name you would like to appear on your
certificate. Please understand that all notarizations will need to be performed using
this name.
NOTARYʼS RESPONSIBILITY
• Notify your bonding company of the effective date of your commission after you
have registered with the county clerk. This bond will expire when your commission
does.
• Your commission is not complete until you register the appointment with the
county clerkʼs office.
• Do not purchase your notary public seal until you have received your notary com-
mission from the county clerkʼs office.
• The Secretary of State determines the effective date of your commission, not the
bonding company.
– 19 –
FREQUENTLY ASKED QUESTIONS

NOTARY APPOINTMENT PROCEDURE
How do I renew my notary appointment?
There is no automatic reappointment in Illinois. You will be notified by the Secretary of
State approximately 60 days prior to the date your appointment expires. A preprinted
application and bond form will be enclosed with the notification if you wish to apply for
appointment for another term.
I have mailed a notary application and bond to the Secretary of State. When may
I begin notarizing documents?
An appointed notary public may begin notarizing documents when his or her commis-
sion has been recorded with the county clerk and he or she has obtained an official
notary public seal.
Should I accept a notary certificate from the county clerk that contains errors?
No, return the certificate to the county clerk detailing the error and request a corrected
certificate.
How do I report a change in my home or work address or my name while I am

serving as a notary public?
If you move or change employers and your new residence or place of employment is
within the boundaries of the county from which you were appointed, you merely report
the change of address to the Secretary of State. However, if you move out of the
county, or if you are a non-resident notary who changes employment to another county,
you must resign your commission. Resignations should be submitted to the Secretary
of State. You can then apply for a new appointment.
When does a notaryʼs commission officially expire?

A notary public receives a four-year appointment. A notaryʼs commission expires at
midnight of the expiration date of the appointment.
My notary commission will soon expire, I have received a notice from a “Notary
Association” with instructions on how to apply for reappointment. What is this
association? I thought notary applications were approved by the Secretary of
State.
There are several groups operating in Illinois under the name of “notary association,”
“agency” or “company.” They are private organizations and are not officially asso-
ciated with any government agency. These organizations offer assistance to notaries,
sell notary seals, and provide the $5,000 notary bond for a fee. Solicitations from these
groups are required to contain the following statement: “WE ARE NOT ASSOCIATED
WITH ANY STATE OR LOCAL GOVERNMENTAL AGENCY.” Only you can decide
where to purchase your surety bond. You can purchase a bond from most insurance
companies, or you may want to purchase a bond from one of the notary associations
or agencies. The Secretary of State does not make any recommendations.
If my notary appointment has expired and I have applied for a new appointment,
may I continue to notarize documents?
No. There is no grace period for a notary public once his or her appointment has ex-
pired. You may not perform notarial acts until you have recorded your new appointment
– 20 –
with the county clerk and have obtained a new seal containing the date that your new
term of office expires.
I would like to return to my maiden name. What does this involve?

A person who changes his or her name must resign his or her commission and apply
for a new appointment.
What information is required when requesting that a commission be cancelled?

A written request should contain 1) the name under which the commission was issued;
2) the commission number; 3) reason for the cancellation and any supporting docu-
ments; 4) home address and telephone number; 5) signature of the notary requesting
cancellation; and 6) the date the request was made.
Where do I submit my resignation as a notary?

Resignations should be submitted to: Secretary of State, Index Department, 111 E.
Monroe St., Springfield, IL 62756.
YOUR NOTARY SEAL

• If you ordered your seal from a stamp or bonding company, verify the information
against your notary certificate to ensure accuracy.
• The Illinois Notary Public Act requires that the expiration date be imprinted on the
seal. This date may not be handwritten.
• Notary seals are required to have a serrated or milled edge border.
• Black is the only acceptable ink color for a notary seal.
EXAMPLE: Notary Stamp and Correct Signature
SARAH I. DOE Sarah I. Doe = Correct
Sarah Doe = Incorrect
• The Notary Public Name (EXACTLY) as the Notary Commission.

• Rubber Stamp must be in BLACK INK with a serrated or milled edge border in
a rectangle form and not more than 1-inch high and 2.5 inches long.
PERFORMING NOTARIZATIONS IN ILLINOIS

• Always perform any notarization with the name that is listed on your notary
certificate.
EXAMPLE: If a notary is commissioned as John M. Doe, that is the name that must
appear on his stamp, and he must sign his name that way. Signing as J. M. Doe or
using any other variation is not acceptable.
• Do not imprint your seal over your signature in a notarization. All information must
be legible.
• All notarizations in the State of Illinois must contain the proper notary certificate
wording, which includes State and County of venue, the date, notarial wording, no-
tary signature as commissioned, and the imprint of the notary seal.
– 21 –
SUGGESTED SAMPLE FORMS
Acknowledgment (in an individual capacity):
State of _________________________
County of ________________________
This instrument was acknowledged before me on ______________ (date) by
_________________________________________ (name/s of person/s).
______________________
(Seal)
Use this Short Form for an acknowledgment in an individual capacity. The taking of
an acknowledgment consists of positively identifying the signer of a document. The
signer need not sign in the notaryʼs presence but must personally appear before the
notary and state that the signature on the document is his or hers. Acknowledgments
may be taken in an individual capacity or in a representative capacity (as an authorized
representative of another — for example, as officer of a corporation for and on behalf
of the corporation or as an attorney in fact for another person).
Acknowledgment (in a representative capacity):
State of _________________________
County of ________________________
_______________________________________________ (name/s of person/s)
as ___________________________________________ (type of authority, e.g.,
officer, trustee, etc.) of ___________________________________ (name of
party on behalf of whom instrument was executed.
______________________
(Seal)
Use this Short Form for an acknowledgment in a representative capacity. The taking
of an acknowledgment consists of positively identifying the signer of a document. The
signer need not sign in the notaryʼs presence but must personally appear before the
notary and state that the signature on the document is his or hers. Acknowledgments
may be taken in an individual capacity or in a representative capacity (as an authorized
representative of another — for example, as officer of a corporation for and on behalf
of the corporation or as an attorney in fact for another person).
– 22 –
Verification upon oath or affirmation (in an individual capacity):
State of _________________________
County of ________________________
Signed and sworn (or affirmed) to before me on _______________ (date) by
________________________________ (name/s of person/s making statement).
______________________
(Seal)
Use this Short Form for a verification upon oath or affirmation in an individual capacity.
The verification upon oath or affirmation is a declaration that a statement is true and
was made by a person upon oath or affirmation. The person requesting this notarial
act must personally appear before the notary and sign the document in the presence
of the notary. The notary public is required to administer an oath. There is no pre-
scribed wording for the oath, but an acceptable oath would be:
“Do you swear (or affirm) that the statements in this document are true?”
Verification upon oath may be taken in an individual capacity or in a representative
capacity.
Verification upon oath or affirmation (in a representative capacity):
State of _________________________
County of ________________________
Signed and sworn (or affirmed) to before me on _______________ (date) by
_____________________________________________ (name/s of person/s) as
_________________________________________ (type of authority, e.g., officer,
trustee, etc.) of ___________________________________ (name of party on
behalf of whom instrument was executed.
______________________
(Seal)
Use this Short Form for a verification upon oath or affirmation in a representative ca-
pacity. The verification upon oath or affirmation is a declaration that a statement is true
and was made by a person upon oath or affirmation. The person requesting this no-
tarial act must personally appear before the notary and sign the document in the pres-
ence of the notary. The notary public is required to administer an oath. There is no
prescribed wording for the oath, but an acceptable oath would be:
“Do you swear (or affirm) that the statements in this document are true?”
Verification upon oath may be taken in an individual capacity or in a representative
capacity.
– 23 –
Witnessing or attesting a signature:
State of _________________________
County of ________________________
Signed (or subscribed or attested) before me on __________________ (date)
by _________________________________________ (name/s of person/s).
______________________
(Seal)
Use this Short Form for witnessing or attesting a signature. This form is used when
witnessing a signature on a document and an oath is not necessary or required. The
person requesting the notarial act must personally appear before the notary and sign
the document in the presence of the notary.
Signature-by-mark:
State of _________________________
County of ________________________
_______________________________________________ (name of person)
who made and acknowledged making his/her mark on the instrument in my pres-
ence and in the presence of two persons who have signed below.
______________________
(Seal)
_____________________________ ____________________________
(Signature and Address of Witness) (Signature and Address of Witness)
Use this form when an individual requests a notarial act and the individual is prevented
by disability or illiteracy from writing a signature. Take these precautions: positively
identify the individual; ensure that there are two persons to witness the signature-by-
mark in addition to yourself; write in the name of the signer-by-mark near the mark on
the document, and complete this form.
– 24 –
PERFORMING NOTARIZATIONS
May I notarize my own signature and/or the signatures of my spouse, children

and other relatives?
A notary public may not notarize his or her own signature and may not notarize any
document in which the notaryʼs name appears as a party to the transaction. A notary
may notarize the signature of his or her spouse, children and other relatives.
May I notarize documents that originate out of state?

Yes, as long as you perform the notarial act in Illinois and the notarial certificate indi-
cates “State of Illinois, County of _____________________” to identify the jurisdiction
in which the notarial act took place.
May I notarize documents only in my own county?

An Illinois notary public has the authority to act throughout the state if he or she is re-
siding in the county from which he or she was appointed. The county in which the no-
tarial act takes place should be inserted in the notarial certificate.
May I notarize documents when I am physically outside the State of Illinois?

No. An Illinois notary public has the authority to perform notarial acts only while in the
State of Illinois.
Should I charge a fee for my services as a notary public?

The law does not require that you charge a fee. However, the maximum fee allowed
is $1.
May I notarize documents that I will be signing as an officer on behalf of a cor-

poration?
No. You may never notarize your own signature, whether you are signing for yourself
or for a corporation.
How does a notary identify a signer?

A notary has satisfactory evidence if the person (1) is personally known to the notary;
(2) is identified by a credible witness personally known to the notary; or (3) is identified
on the basis of identification documents. Proper identification should include a photo-
graph and a signature on a reliable identification card, such as a driverʼs license.
Must the person sign the document in my presence?

If the document requires an oath (for example, the certificate reads “signed and
sworn/affirmed before me. . . .”), then an oath or affirmation must be administered to
the person, and the person must sign the document in your presence. If the document
requires acknowledgment, it is sufficient for the person to appear before you and ac-
knowledge execution of the document. Never notarize an unsigned document. You
may not take an acknowledgment because someone else assures you that the signa-
ture is genuine. You may not take an acknowledgment even when you recognize the
signerʼs signature unless that person appears before you.
– 25 –
What should I do when a person for whom I have performed a notarial act re-
quests proof that I am a notary?
Occasionally, a “Certificate of Authority” is required to be attached to a document that
has been notarized, particularly when that document is being sent out of state. This
certificate is proof that the notary was a commissioned notary on the date that the doc-
ument was notarized. A “Certificate of Authority” may be obtained from the county clerk
of the county in which your appointment is recorded or from the Secretary of Stateʼs
office. It is not your responsibility, however, to obtain the certificate for the person.
That person should contact the county clerk or the Secretary of State for information.
May notaries use rubber stamp signatures?

No. Notaries may not use facsimile signature stamps in signing his or her official cer-
tificates. A signature must be written in ink as commissioned. In addition, a facsimile
signature may not be notarized.
NOTARIAL RECORDS
What is a Notarial Record?

A Notarial Record (5 ILCS 312/3-102) is the document created when a notary public
notarizes a document of conveyance for qualifying residential real property ONLY in
Cook County. The Notarial Record is completed by the seller and notary and contains
information mandated by the new law.
Does the notary retain the Notarial Record?

No. If the notary is a principal, an employee or an agent of a title insurance company,
title insurance agent, financial institution or attorney, he or she must deliver the Notarial
Record to his or her employer within 14 days. The employer is required to maintain
the record for a period of seven years.
A notary public who is not an employee or agent of a title insurance company, title
insurance agent, financial institution or attorney, must deliver the Notarial Record to
the Cook County Recorder of Deeds office within 14 days after the deed is notarized
and pay a $5 filing fee. The notary is not allowed to have either the seller or the buyer
deliver the Notarial Record to the Recorder of Deeds.
Notaries are not allowed to copy Notarial Records.
What is residential real property?

Residential real property (5 ILCS 312/3-102-b-4) is a building or buildings located in
Cook County, Illinois, that contains one to four units, or is an individual residential con-
dominium unit.
How do I obtain a thumbprint from the seller?

The law (5 ILCS 312/3-102-c-6) states that the thumbprint may be obtained by “any
means that reliably captures the image of the finger in a physical or electronic medium.”
The notary may use an inked or inkless pad to transfer the thumbprint on to a paper No-
tarial Record, or use an electronic bio-print pad to capture the print electronically.
Do I have to participate in the pilot project and notarize conveyances of real

property located in Cook County?
No. The law does not require that. You may, however, want to discuss company policy
with your employer.
– 26 –
As a notary outside Cook County, am I affected by the new law?

The law affects all notaries in Illinois who notarize a document of conveyance of res-
idential property located in Cook County.
NOTARIZATION PROCEDURES/RULES
Should I keep a log book of any actions as a notary?

There is no requirement in Illinois that a notary public keep a log book or journal. How-
ever, a notary may keep a journal for his or her own record keeping.
What are the most common errors or omissions made by notaries?

(1) Failing to properly identify a person; (2) failing to administer an oath or affirmation
(if required); and (3) failing to affix the notary seal.
Can a notary give legal advice or prepare legal documents?

No. A notary does not have this authority, unless he or she is also an attorney.
Can a notary give advice on immigration or fill out immigration forms?

No. According to federal law, no person, unless an attorney, shall fill out legalization
forms or applications related to the Immigration Reform and Control Act of 1986 unless
he or she has been authorized to do so by the Immigration and Naturalization Service
or the Board of Immigration Appeals.
Is a notary responsible for the truth or accuracy of a document?

No. The main purpose of notarization is to compel truthfulness by the signer. Notaries
have no authority to and are not required to verify the truth or accuracy of any docu-
ment.
What should be done with the notary stamp if a commission terminates through
revocation, resignation or death?
The notary, or the notaryʼs heirs, should destroy or deface the seal so that it may not
be misused.
May a blank document be notarized?

Never notarize a blank or incomplete document. If a signer indicates that certain
spaces in a document are to be left blank because they donʼt apply, suggest that he
or she insert a line through the spaces or write “Not Applicable.” This protects the
signer from later unauthorized insertions, and it may prevent the notary from having
to appear as a witness in a lawsuit.
Is notarization required by law?

In many cases, yes. Some documents must be acknowledged before a notary, and
other documents must be signed under oath to be effective. It is not a notaryʼs duty to
prepare the document, only to perform the notarial act and complete the notarial cer-
tificate.
– 27 –
NON-RESIDENT COMMISSIONS
I am a notary working in Illinois; however, we just moved across the state line
into another state. May I continue to notarize when I am working at my job, which
is in the State of Illinois?
No. Because you have moved out of state, you must resign your in-state notary com-
mission. You must then reapply for a non-resident notary appointment, if you are eli-
gible. Please refer to page 4 of this handbook.
When does a non-resident commission expire?

A non-resident commission is valid for one year from the effective date of the appoint-
ment.
How do I obtain an application to be commissioned as a non-resident notary?

You must visit www.cyberdriveillinois.com to access a non-resident application and
checklist packet.
How do I report a change in my employerʼs address?

If the change is within the county in which you are commissioned you must send a
change of address to the Index Department in writing. However, if the new address is
in a different county, you must resign your commission and re-apply.
MISCELLANEOUS QUESTIONS
Can my employer keep my seal and certificate if I leave the company?

No. The seal and certificate are considered the property of the notary public. Also, if
you lose possession of your seal, it is recommended that you resign your commis-
sion.
What should I do if my notary seal is stolen?

Report the theft to the police. If for any reason you lose possession of your seal, it is
recommended that you resign your commission.
Can information about any notary appointment be given to other people?

Yes. Notary public applications and appointments are public records and available to
any interested person for examination or copying.
What could happen to someone who acts as a notary without a commission?

Performing unauthorized notarizations is a misdemeanor. The person could be fined
and/or imprisoned for up to six months.
Can notarizations be performed for minors?

Yes, but the minor must be able to provide proof of identification, and a parent or legal
guardian should be present.
My felony conviction was 20 years ago; can I apply for a notary public appoint-
ment?
No. Individuals who have been convicted of a felony are not eligible to be commis-
sioned as an Illinois Notary Public under the provisions set forth in the Notary Public
Act.
– 28 –
Do I have to include my driverʼs license with my resident notary public applica-

tion?
Yes. An application for a four-year commission requires a valid Illinois driverʼs license
or state ID card.
COUNTY CLERKS
Your notary public commission is not completed until you are registered with your
county clerkʼs office. To access information on county clerks in Illinois, please visit one
of the Web sites below:
www.elections.state.il.us
www.idph.state.il.us
Printed by authority of the State of Illinois.

April 2012 – 1.2M – I Pub 16.21
♻ Printed on recycled paper.
– 29 –
CHANGE OF ADDRESS CARD

You may use this card to report a change
of address in the same county as you are
registered.
• To report a change of address within the same county as you are reg-
istered as a notary public, please complete and detach the postcard
below to: Secretary of State, Index Department, 111 E. Monroe St.,
Springfield, IL 62756. To use this option, you MUST RESIDE in the
same county.
• If you have moved from the county in which you are registered, or wish
to change the name you are commissioned under, you must resign
that commission and reapply for commission as a notary public.
• If you have questions or need further clarification, please call 217-782-

7017.
NOTARY PUBLIC CHANGE OF ADDRESS

(Please print or type.)
NAME____________________________ COMMISSION NUMBER _________

New address must be in the same county
COUNTY_______________________ as you are presently registered as a notary.
NEW INFORMATION PREVIOUS INFORMATION

STREET STREET
ADDRESS ___________________________ ADDRESS ___________________________
CITY______________________ ZIP_______ CITY______________________ ZIP_______
DAYTIME TELEPHONE NUMBER (_______)_______________________________________
SIGNATURE______________________________________ DATE ______________________
Jesse White • Secretary of State

Jesse White
Secretary of State
Index Department
111 E. Monroe St.
Springfield, IL 62756
—————————————————————————————
____________________
____________________ PLACE
____________________ STAMP
I PUB 16.21 HERE
SECRETARY OF STATE
INDEX DEPARTMENT
111 E. MONROE ST.
SPRINGFIELD, IL 62756
Jesse White • Secretary of State

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Cover Doc:CoveDoc 5/20/10 10:23 AM Page 1

OFFICE OF THE SECRETARY OF STATE

This handbook outlines the important duties of a notary pub-

passed to better meet the needs of the modern business

world. Effective in June 2000, under certain conditions, res-

idents of states bordering Illinois may be commissioned as

of notarization; 3) Do not lend your stamp to anyone, including your employer; 4) Do

to take an oath; 5) Sign your name on notarial certificates exactly as it appears on

your commission and affix your seal.

ILLINOIS NOTARY PUBLIC ACT

Article I – General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Article II – Appointment Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-6

Article III – Duties-Fees-Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-12

Article IV – Change of Name or Move from County . . . . . . . . . . . . . . . . . . . . . 13

Article V – Reappointment as a Notary Public . . . . . . . . . . . . . . . . . . . . . . . . . 13

Article VI – Notarial Acts and Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13-16

Article VII – Liability and Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-18

Article VIII – Repealer and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

APPLICATION FOR COMMISSION AS A NOTARY PUBLIC

Avoiding Processing Delays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Reminders for Completing Your Appointment. . . . . . . . . . . . . . . . . . . . . . . . . . 19

FREQUENTLY ASKED QUESTIONS

Notary Appointment Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-24

Performing Notarizations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25-26

Notarial Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-27

ILLINOIS NOTARY PUBLIC ACT

1-102. Purposes and Rules of Construction.

1-103. Prospective Effect of Act.

1-104. Notary Public and Notarization Defined.

place of work or principal place of business is located;

2-103. Appointment Fee.

“I, ___________________________________ (name of applicant), solemnly

_________________________________________ (Signature of applicant)

Subscribed and affirmed before me on ______________________, _______

(Source: P.A. 91-357, eff. 7-29-99.)

2-106. Appointment Recorded by County Clerk.

3-102. Notarial Record; Residential Real Property Transactions.

(vii) deeds transferring ownership to a revocable or irrevocable grantor

3-104. Maximum Fee.

3-106. Certificate of Authority.

I ___________________________ (Secretary of State or _________________________

5-102. Solicitation to Purchase Bond.

executed in a representative capacity, that the person signed the instrument

6-102. Notarial Acts.

6-103. Certificate of Notarial Acts.

6-104. Acts Prohibited.

than that by which the notary was commissioned.

6-105. Short Forms.

(a) For an acknowledgment in an individual capacity:

(b) For an acknowledgment in a representative capacity:

(c) For a verification upon oath or affirmation:

(d) For witnessing or attesting a signature:

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

7-102. Liability of Employer of Notary.

7-103. Cause of Damages.

7-104. Official Misconduct Defined.

7-105. Official Misconduct.

7-106. Willful Impersonation.

7-107. Wrongful Possession.

Subscribed and affirmed before me on ________________, _

I ___ (Secretary of State or _

NAME____________________ COMMISSION NUMBER _

DAYTIME TELEPHONE NUMBER (_)_________________________________

SIGNATURE________________ DATE