Bill Text: IL SB3698 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Illinois Notary Public Act. Provides requirements concerning electronic notarization and electronic notaries public. Amends the Uniform Real Property Electronic Recording Act. Provides that a paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy satisfies specified recording requirements. Provides further requirements concerning the certification of electronic documents by notaries public. Defines terms. Makes conforming changes. Effective January 1, 2021, or upon the adoption by the Secretary of State of rules necessary for implementation, whichever is later.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3698 Detail]

Download: Illinois-2019-SB3698-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3698 Introduced 2/14/2020, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Notary Public Act. Provides requirements concerning electronic notarization and electronic notaries public. Amends the Uniform Real Property Electronic Recording Act. Provides that a paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy satisfies specified recording requirements. Provides further requirements concerning the certification of electronic documents by notaries public. Defines terms. Makes conforming changes. Effective January 1, 2021, or upon the adoption by the Secretary of State of rules necessary for implementation, whichever is later.
LRB101 17219 RJF 66622 b
A BILL FOR
SB3698 LRB101 17219 RJF 66622 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Notary Public Act is amended by
changing Sections 1-104, 2-101, 2-102, 2-102.5, 2-103, 2-104,
2-105, 2-106, 2-107, 3-101, 3-103, 3-104, 3-105, 3-106, 4-101,
5-101, 5-102, 6-102, and 6-104 and Sections 7-106, 7-107, and
7-108 and by adding Sections 1-106, 2-101.5, 2-102.6, 2-102.7,
3-101.5, and 3-107 and the heading of Article VI-A and Sections
6A-101, 6A-102, 6A-103, 6A-104, 6A-105, 6A-106, and 7-110 as
follows:
(5 ILCS 312/1-104) (from Ch. 102, par. 201-104)
Sec. 1-104. Definitions. As used in this Act: Notary Public
and Notarization Defined.
"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. 292.29(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

SB3698 - 2 - LRB101 17219 RJF 66622 b
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.
"Credential analysis" means a process or service that
complies with any rules or regulations adopted by the Secretary
of State through which a third party affirms the validity of a
government-issued identification credential or any data
thereon through the review of data sources.
"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

SB3698 - 3 - LRB101 17219 RJF 66622 b
formulated from public or private data sources for which the
person taking the assessment has not previously provided an
answer and 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

SB3698 - 4 - LRB101 17219 RJF 66622 b
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" also may also include a
remote online notarial certificate as defined under this Act.
"Electronic notary public" means a person commissioned by
the Secretary of State to perform electronic notarial acts.
"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

SB3698 - 5 - LRB101 17219 RJF 66622 b
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, communication 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 or an
electronic notary public may perform under the law 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 appointed
and 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

SB3698 - 6 - LRB101 17219 RJF 66622 b
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 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.
"Remote online notarial certificate" means 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 remote online notarization;
(3) otherwise conforms to the requirements for an

SB3698 - 7 - LRB101 17219 RJF 66622 b
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 remotely
online.
"Remote 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.
"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.
(a) The terms "notary public" and "notary" are used
interchangeably to mean any individual appointed and
commissioned to perform notarial acts.

SB3698 - 8 - LRB101 17219 RJF 66622 b
(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.)
(5 ILCS 312/1-106 new)
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 of the electronic notarization
commissions.
(5 ILCS 312/2-101) (from Ch. 102, par. 202-101)
Sec. 2-101. Appointment.
(a) The Secretary of State may appoint and commission as
notaries public for a 4-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

SB3698 - 9 - LRB101 17219 RJF 66622 b
appointed and commissioned as notaries public in that state.
(b) A notary public commissioned in this State may apply
for an electronic notary public commission to perform
electronic notarial acts with the name that appears on the
notary's commission.
(c) An individual may apply for a notary public commission
and apply for an electronic notary public commission at the
same time.
(d) Any notary or electronic notary appointed by the
Secretary of State may elect not to perform a notarial act or
an electronic notarial act for any reason.
(e) The commission of a notary public and an electronic
notary public shall have the same term pursuant to subsection
(a).
(f) The electronic notary public commission of a notary
public is suspended by operation of law when the notary public
is no longer appointed and commissioned as a notary public in
this State under this Act. If the commission of the notary
public has been revoked or suspended, the Secretary of State
shall immediately notify the notary public in writing that his
or her commission as a notary public and as an electronic
notary public will be suspended by operation of law until he or
she is reappointed.
(Source: P.A. 91-818, eff. 6-13-00.)
(5 ILCS 312/2-101.5 new)

SB3698 - 10 - LRB101 17219 RJF 66622 b
Sec. 2-101.5. Course of study and examination.
(a) Applicants applying for the first time as a notary
public or as an electronic notary public or applying to renew
his or her appointment as a notary public or as an electronic
notary public shall:
(1) complete any course of study on notarization and
electronic notarization that is required by the Secretary
of State; and
(2) pass an examination at the completion of the
course.
(b) Any applicant applying only for a notary public
commission and not an electronic notary public commission shall
be required to only take the course of study for notary public
commissions. Any applicant applying for an electronic notary
public commission or a commission as both a notary public and
an electronic notary public must take the course of study for
both notaries public and electronic notaries public.
(c) A course of study required to be completed under this
Section must:
(1) be taken online and be of a duration of not more
than 3 hours, including instruction and completion of an
examination of the course content;
(2) provide instruction in, without limitation,
notarial law, ethics, and procedure, as well as technology
if applying for an electronic notary public commission;
(3) comply with any rules adopted by the Secretary of

SB3698 - 11 - LRB101 17219 RJF 66622 b
State relating to courses of study on notarization and
electronic notarization; and
(4) be approved by the Secretary of State.
(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
Sec. 2-102. Application.
(a) Application for notary public commission. Every
applicant for appointment and commission as a notary shall
complete an application in a format prescribed by the Secretary
of State to be filed with the Secretary of State, stating:
(1) (a) the applicant's official name, as it appears on
his or her current driver's license or state-issued
identification card;
(2) (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 person's
principal place of work or principal place of business is
located;
(3) (c) the applicant's residence address, as it
appears on his or her current driver's license or
state-issued identification card;
(4) (c-5) the applicant's business address if
different than the applicant's residence address, if
performing notarial acts constitutes any portion of the
applicant's job duties;
(5) (d) that the applicant has resided in the State of

SB3698 - 12 - LRB101 17219 RJF 66622 b
Illinois for 30 days preceding the application or that the
applicant who is a resident of a state bordering Illinois
has worked or maintained a business in Illinois for 30 days
preceding the application;
(6) (e) that the applicant is a citizen of the United
States or an alien lawfully admitted for permanent
residence in the United States;
(7) (f) the applicant's date of birth;
(8) (g) that the applicant is able to read and write
the English language;
(9) that the applicant has not had a prior application
or commission revoked due to a finding or decision by the
Secretary of State (h) that the applicant has never been
the holder of a notary public appointment that was revoked
or suspended during the past 10 years;
(10) (i) that the applicant has not been convicted of a
felony;
(11) (i-5) that the applicant's signature authorizes
the Office of the Secretary of State to conduct a
verification to confirm the information provided in the
application, including a criminal background check of the
applicant, if necessary; and
(12) that the applicant has provided satisfactory
proof to the Secretary of State that the applicant has
successfully completed any required course of study on
notarization; and

SB3698 - 13 - LRB101 17219 RJF 66622 b
(13) (j) any other information the Secretary of State
deems necessary.
(b) Application for electronic notary public commission.
An application for an electronic notary public commission must
be filed with the Secretary of State using the online notary
application system. Every applicant for appointment and
commission as an electronic notary public shall complete an
application in a format prescribed by the Secretary of State to
be filed with the Secretary of State, stating:
(1) all information required to be included in an
application for appointment as an electronic notary
public, as provided under subsection (a);
(2) that the applicant is commissioned as a notary
public under this Act;
(3) the applicant's email address;
(4) that the applicant has provided satisfactory proof
to the Secretary of State that the applicant has
successfully completed any required course of study on
electronic notarization and passed a qualifying
examination;
(5) a description of the technology or device that the
applicant intends to use to create his or her electronic
signature in performing electronic notarial acts;
(6) the electronic signature of the applicant; and
(7) any other information the Secretary of State deems
necessary.

SB3698 - 14 - LRB101 17219 RJF 66622 b
(c) Electronic notarial acts. Before an electronic notary
public performs an electronic notarial act using audio-video
communication, he or she must be granted an electronic notary
public commission by the Secretary of State under this Section,
and identify the technology that the electronic notary public
intends to use, which must be approved by the Secretary of
State.
(d) Approval of commission. Upon the applicant's
fulfillment of the requirements for a notarial commission or an
electronic notary public commission, the Secretary of State
shall approve the commission or commissions and issue to the
applicant a unique commission number, along with a digital
certificate if approved for an electronic notary public
commission.
(e) Rejection of application. The Secretary of State may
reject an application for a notarial commission or an
electronic notary public commission if the applicant fails to
comply with any Section of this Act.
(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
(5 ILCS 312/2-102.5)
Sec. 2-102.5. Online notary public application system.
(a) The Secretary of State may establish and maintain an
online application system that permits an Illinois resident to
apply for appointment and commission as a notary public or
electronic notary public.

SB3698 - 15 - LRB101 17219 RJF 66622 b
(b) Any such online notary public application system shall
employ security measures to ensure the accuracy and integrity
of notary public applications submitted electronically under
this Section.
(c) The Secretary of State may cross reference information
provided by applicants with that contained in the Secretary of
State's driver's license and Illinois Identification Card
databases in order to match the information submitted by
applicants, and may receive from those databases the
applicant's digitized signature upon a successful match of the
applicant's information with that information contained in the
databases.
(d) An online notary public application shall contain all
of the information that is required for a paper application as
provided in Section 2-102 of this Act. The applicant shall also
be required to provide:
(1) the applicant's full Illinois driver's license or
Illinois Identification Card number;
(2) the date of issuance of the Illinois driver's
license or Illinois Identification Card; and
(3) the applicant's e-mail address for notices to be
provided under this Section.
(e) For his or her application to be accepted, the
applicant shall mark the box associated with the following
statement included as part of the online notary public
application: "By clicking on the box below, I swear or affirm

SB3698 - 16 - LRB101 17219 RJF 66622 b
all of the following:
(1) I am the person whose name and identifying
information is provided on this form, and I desire to be
appointed and commissioned as a notary public in the State
of Illinois.
(2) All the information I have provided on this form is
true and correct as of the date I am submitting this form.
(3) I authorize the Secretary of State to utilize my
signature on file with the Secretary of State driver's
license and Illinois Identification Card databases and
understand that such signature will be used on this online
notary public application for appointment and commission
as a notary public or electronic notary as if I had signed
this form personally."
(4) I authorize the Secretary of State to utilize my
signature to conduct a verification to confirm the
information provided in the application, including a
criminal background check, if necessary."
(f) Immediately upon receiving a completed online notary
public application, the online system shall send by electronic
mail a confirmation notice that the application has been
received. Upon completion of the procedure outlined in
subsection (c) of this Section, the online notary public
application system shall send by electronic mail a notice
informing the applicant of whether the following information
has been matched with the Secretary of State driver's license

SB3698 - 17 - LRB101 17219 RJF 66622 b
and Illinois Identification Card databases:
(1) that the applicant has an authentic Illinois
driver's license or Illinois Identification Card issued by
the Secretary of State and that the driver's license or
Illinois Identification Card number provided by the
applicant matches the driver's license or Illinois
Identification Card number for that person on file with the
Secretary of State;
(2) that the date of issuance of the Illinois driver's
license or Illinois Identification Card listed on the
application matches the date of issuance of that license or
card for that person on file with the Secretary of State;
(3) that the date of birth provided by the applicant
matches the date of birth for that person on file with the
Secretary of State; and
(4) that the residence address provided by the
applicant matches the residence address for that person on
file with the Secretary of State.
(g) If the information provided by the applicant matches
all of the criteria identified in subsection (f) of this
Section, the online notary public application system shall
retrieve from the Secretary of State's database files an
electronic copy of the applicant's signature from his or her
Illinois driver's license or Illinois Identification Card and
such signature shall be deemed to be the applicant's signature
on his or her online notary public application.

SB3698 - 18 - LRB101 17219 RJF 66622 b
(Source: P.A. 99-112, eff. 1-1-16.)
(5 ILCS 312/2-102.6 new)
Sec. 2-102.6. Database of notaries public. The Secretary of
State may maintain a database of notaries public on a
publicly-accessible website which: (1) any interested person
may use to verify the authority and good standing of a listed
individual to perform notarial acts; (2) indicates whether a
notary holds a valid electronic commission and is able to
lawfully perform electronic notarial acts; and (3) describes
any administrative or disciplinary action taken against the
notary by the Secretary of State.
(5 ILCS 312/2-102.7 new)
Sec. 2-102.7. Registration of electronic notarization
technology.
(a) Notaries holding an electronic notary public
commission shall register the capability to notarize
electronically before performing any electronic notarial acts
with the Secretary of State. The registration shall be made
with the Secretary of State every time an electronic notary
public adopts a new or additional technology with which to
perform electronic notarial acts and the technology or vendor
must first be approved by the Secretary of State.
(b) An electronic notary public who registers the
capability of performing electronic notarial acts shall

SB3698 - 19 - LRB101 17219 RJF 66622 b
provide the following information to the Secretary of State:
(1) the electronic technology or technologies to be
used in attaching or logically associating an electronic
notarial signature, seal, and certificate to an electronic
document;
(2) an exemplar of the notary's electronic signature
and official electronic seal; and
(3) any necessary instructions or techniques supplied
by the vendor that allow the notary's electronic signature
and official seal to be read.
(c) Prior to any electronic notarial acts being performed
in this State, the vendor of electronic notarization technology
must submit the technology to the Secretary of State and
receive approval by the Secretary of State for use in this
State.
(d) The Secretary of State shall adopt rules applicable to
this Section, setting forth the requirements with which vendors
of electronic notary platforms and technology must comply.
(5 ILCS 312/2-103) (from Ch. 102, par. 202-103)
Sec. 2-103. Appointment Fee.
(a) Every applicant for appointment and commission as a
notary public shall pay to the Secretary of State a fee of $15
$10. Ten dollars from each applicant fee shall be deposited in
the General Revenue Fund. Five dollars from each applicant fee
shall be deposited in the Electronic Notarization Fund.

SB3698 - 20 - LRB101 17219 RJF 66622 b
(b) Every applicant for a commission as an electronic
notary public shall pay to the Secretary of State a fee of $25.
This fee is in addition to the fee proscribed for a commission
as a notary public and shall be deposited in the Electronic
Notarization Fund.
(Source: P.A. 85-1396.)
(5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
Sec. 2-104. Oath.
(a) Every applicant for appointment and commission as a
notary public shall take the following oath:
"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 notary 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
accordance with the law.".
(b) In the event that the applicant completes a paper
application for appointment and commission as a notary public,
he or she shall take the oath in the presence of a person
qualified to administer an oath in this State. The printed oath
shall be followed by the signature of the applicant and
notarized as follows:
" ................. (Signature of applicant)
State of Illinois

SB3698 - 21 - LRB101 17219 RJF 66622 b
County of (name of county where the notarization is
completed)
Subscribed and affirmed before me on (insert date) by (name
of person who signature is being notarized).
................... (Official signature and official seal
of notary)".
(c) In the event that the applicant completes an online
application for appointment and commission as a notary public,
he or she shall affirm the oath electronically. An electronic
affirmation of the oath in the online notary public application
system shall have the same force and effect as an oath sworn
and affirmed in person.
(Source: P.A. 99-112, eff. 1-1-16.)
(5 ILCS 312/2-105) (from Ch. 102, par. 202-105)
Sec. 2-105. Bond.
(a) Every application for appointment and commission as a
notary public shall be accompanied by an executed bond
commencing on the date of the appointment with a term of 4
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 performance of all notarial
acts in accordance with this Act. The Secretary of State may
prescribe an official bond form.
(b) An electronic notary public who performs electronic
notarial acts by means of audio-video communication shall

SB3698 - 22 - LRB101 17219 RJF 66622 b
obtain and maintain a surety bond in the amount of $25,000 from
a surety or insurance company licensed to do business in this
State, and this bond shall be exclusively conditioned on the
faithful performance of electronic notarial acts by means of
audio-video communication.
(c) All surety bonds shall be filed with the Secretary of
State.
(d) In addition to the surety bond, a notary public shall
maintain an errors and omissions insurance policy from an
insurer authorized to transact business in this State, in the
minimum amount of $25,000 and on such terms as are specified by
the Secretary by rule and that are reasonably necessary to
protect the public. The applicant shall provide evidence of
this insurance policy to the Secretary of State.
(Source: P.A. 84-322.)
(5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
Sec. 2-106. Appointment recorded by county clerk. The
appointment of the applicant as a notary public or an
electronic notary public is complete when the commission is
recorded with the county clerk.
The Secretary of State shall forward the applicant's
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
applicant's principal place of work or principal place of

SB3698 - 23 - LRB101 17219 RJF 66622 b
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
clerk's office to record the same and receive the commission or
request by mail to have the commission sent to the applicant
with a specimen 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 $10.00, 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
applicant's notary public or electronic 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 commission or electronic
notary public commission from the Office of the County

SB3698 - 24 - LRB101 17219 RJF 66622 b
Clerk.
The Illinois Notary Public Law requires you to appear in
person in the clerk's office, record your commission, and
pay a fee of $5.00 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 a $10.00
fee payable to the county clerk.
Your appointment as a notary or an electronic 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 and electronic
notaries in the State of Illinois.
I should also like to remind you that any person who
attests to any document as a notary or an electronic notary
and is not a notary or an electronic 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 or electronic notaries whose commissions are returned
to his office by the county clerks. No application fee will be
refunded and no bonding company is required to issue a refund

SB3698 - 25 - LRB101 17219 RJF 66622 b
when an appointment is cancelled. If a notary or electronic
notary fails to complete his or her commission more than twice
in the same application year, the notary or electronic notary
applicant shall not be entitled to reapply for a notarial or
electronic notarial commission until the following calendar
year.
(Source: P.A. 100-201, eff. 8-18-17.)
(5 ILCS 312/2-107)
Sec. 2-107. Notary public remittance agent.
(a) Every company, corporation, association, organization,
or person that remits notary public applications to the
Secretary of State on behalf of applicants for appointment and
commission as a notary public, for compensation or otherwise,
shall comply with standards to qualify for licensure as a
notary public remittance agent.
(b) The standards to qualify for licensure as a notary
public remittance agent shall include, but not be limited to,
the following:
(1) the applicant has not been the subject of any
administrative citation, criminal complaint, or civil
action in the State of Illinois arising from his or her
duties as a notary public remittance agent;
(2) the agent holds a surety bond in the amount of
$20,000 for the purposes of acting as a remittance agent;
and

SB3698 - 26 - LRB101 17219 RJF 66622 b
(3) the agent complies with all requirements set forth
by the Secretary of State for the submission of the notary
public applications.
(c) A notary public remittance agent submitting an
application on behalf of an applicant for appointment and
commission as a notary public shall remit the application and
fee provided by the applicant within 30 days after receiving
the application and fee from the applicant.
(d) The agent shall not modify a notary's application
information in any way prior to submitting the application
information to the Secretary of State.
(e) The agent shall not issue a notary seal or notary stamp
to the notary applicant until sufficient evidence has been
received that the notary applicant has received a commission
from the appropriate county clerk.
(f) Any violation of this Act, including this Section, may
result in an administrative citation, criminal complaint, or
civil action arising from his or her duties as a notary public
or notary public remittance agent.
(g) (c) The provisions of this Section do not apply to
units of local government or private business that are making
applications, and providing application fees for their
employees.
(h) The Secretary of State shall adopt rules applicable to
this Section.
(Source: P.A. 101-366, eff. 1-1-20.)

SB3698 - 27 - LRB101 17219 RJF 66622 b
(5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
Sec. 3-101. Official seal.
(a) Notary public official seal. Each notary public shall,
upon receiving the notary commission from the county clerk,
obtain an official rubber stamp seal with which the notary
shall authenticate his official acts. The rubber stamp seal
shall contain the following information:
(1) the words "Official Seal";
(2) the notary's official name;
(3) the words "Notary Public", "State of Illinois", and
"My commission expires ............ (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 information.
(b) (Blank).
(b-5) Electronic notary public electronic seal and
electronic signature. An electronic notarial act must be
evidenced by the following, which must be attached to or
logically associated with the electronic document that is the
subject of the electronic notarial act and which must be
immediately perceptible and reproducible:
(1) the electronic signature of the electronic notary
public;
(2) the electronic seal of the electronic notary

SB3698 - 28 - LRB101 17219 RJF 66622 b
public;
(3) the words "Notary Public", "State of Illinois", and
"My commission expires (commission expiration date)"; and
(4) language explicitly stating that the electronic
notarial act was performed using audio-video
communication, if applicable.
(c) Registered devices. An electronic notary public shall
take reasonable steps to ensure that any registered device used
to create an electronic seal or electronic signature is current
and has not been revoked or terminated by the device's issuing
or registering authority.
(d) Electronic signature and seal secure. An electronic
notary public shall keep the electronic notary public's
electronic signature and electronic seal secure and under the
notary public's exclusive control. The electronic notary
public shall not allow another person to use his or her
electronic signature or electronic seal.
(e) Electronic notarial certificate. An electronic notary
public shall attach his or her electronic signature and
electronic seal to the electronic notarial certificate of an
electronic document in a manner that is capable of independent
verification and renders any subsequent change or modification
to the electronic document evident.
(f) Electronic signature and seal compromised. An
electronic notary public shall notify an appropriate law
enforcement agency, the vendor of the electronic notary

SB3698 - 29 - LRB101 17219 RJF 66622 b
technology, and the Secretary of State no later than the next
business day of the theft, compromise, or vandalism of the
electronic notary public's electronic signature or electronic
seal.
(g) Electronic signature and seal access. The electronic
notary public shall not disclose any access information used to
affix the electronic notary public's signature and seal except
when requested by law enforcement, the courts, and with
reasonable precautions, electronic document preparation, and
transmission vendors.
(Source: P.A. 100-81, eff. 1-1-18.)
(5 ILCS 312/3-101.5 new)
Sec. 3-101.5. Security of electronic signature and seal.
The following requirements apply only to electronic notaries
public.
(a) The electronic signature and electronic seal of an
electronic notary public must be used only for the purposes of
performing electronic notarial acts.
(b) An electronic notary public shall safeguard his or her
electronic signature, the electronic seal, and all notarial
records maintained by the notary public as follows:
(1) when not in use, the electronic notary public shall
keep the electronic signature, electronic seal, and all
notarial records secure under the exclusive control of the
notary public and protected by a password where applicable;

SB3698 - 30 - LRB101 17219 RJF 66622 b
(2) an electronic notary public shall not permit his or
her electronic signature or electronic seal to be used by
any other person; and
(3) an electronic notary public shall not surrender or
destroy his or her electronic notarial records, except as
otherwise required by the order of a court, order of law
enforcement, or as allowed under any Section of this Act or
any rules adopted pursuant thereto.
(c) Except as otherwise provided in subsection (d), an
electronic notary public, no later than the next business day
following discovering that his or her electronic signature or
electronic seal has been stolen, lost, damaged, or otherwise
rendered incapable of affixing a legible image, shall:
(1) inform the appropriate law enforcement agency in
the case of theft or vandalism; and
(2) notify the Secretary of State and the vendor from
which the electronic notary public obtained the electronic
signature or electronic seal in writing, including,
without limitation, a signature using the name under which
the electronic notary public is commissioned pursuant to
Section 2-106.
(d) An electronic notary public shall take reasonable steps
to maintain the technology or device used to create his or her
electronic signature, and to ensure that the technology or
device has not been recalled, revoked, terminated, or otherwise
rendered ineffective or unsecure by the entity that created the

SB3698 - 31 - LRB101 17219 RJF 66622 b
technology or device. Upon learning that the technology or
device used to create his or her electronic signature has been
rendered ineffective or unsecure, an electronic notary public
shall cease performing electronic notarial acts until:
(1) a new technology or device is acquired; and
(2) the electronic notary public sends an electronic
message to the Secretary of State that includes the
electronic signature of the electronic notary public
required under paragraph (6) of subsection (b) of Section
2-102 relating to the new technology or device.
(e) The electronic notary public's electronic signature
and electronic seal are deemed to be reliable if the following
requirements are met:
(1) it is unique to the electronic notary public;
(2) it is capable of independent verification;
(3) it is retained under the electronic notary public's
sole control;
(4) it is attached to or logically associated with the
electronic document in a tamper evident manner. Evidence of
tampering pursuant to this standard may be used to
determine whether the electronic notarial act is valid or
invalid; and
(5) the electronic notary public has chosen technology
or a vendor that meets the minimum requirements established
by the Secretary of State and is approved by the Secretary
of State.

SB3698 - 32 - LRB101 17219 RJF 66622 b
(5 ILCS 312/3-103) (from Ch. 102, par. 203-103)
Sec. 3-103. Notice.
(a) Every notary public who is not an attorney or an
accredited immigration representative who advertises the
services of a notary public in a language other than English,
whether by radio, television, signs, pamphlets, newspapers,
electronic communications, 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 or electronic material the
following: notice in English and the language in which the
written or electronic communication appears. This notice shall
be of a conspicuous size, if in writing or electronic
communication, and shall state: "I AM NOT AN ATTORNEY LICENSED
TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED TO DRAFT LEGAL
DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL ADVICE ON ANY
MATTER, INCLUDING, BUT NOT LIMITED TO, MATTERS OF IMMIGRATION,
OR ACCEPT OR CHARGE FEES FOR THE PERFORMANCE OF THOSE
ACTIVITIES ". If such advertisement is by radio or television,
the statement may be modified but must include substantially
the same message.
A notary public shall not, in any document, advertisement,
stationery, letterhead, business card, electronic
communication, or other comparable written material describing
the role of the notary public, literally translate from English

SB3698 - 33 - LRB101 17219 RJF 66622 b
into another language terms or titles including, but not
limited to, notary public, notary, licensed, attorney, lawyer,
or any other term that implies the person is an attorney. To
illustrate, the word "notario" is prohibited under this
provision.
Failure to follow the procedures in this Section shall
result in a fine of $1,500 for each written violation. The
second violation shall result in permanent revocation 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 Secretary of State
pursuant to Section 2-102 of this Act a schedule of fees
established 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
prominently 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 immigration 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

SB3698 - 34 - LRB101 17219 RJF 66622 b
the Code of Federal Regulations (8 CFR 245a.1) or an entity
accredited by the Board of Immigration Appeals.
(c-5) In addition to the notice required under subsection
(a), every notary public who is subject to subsection (a)
shall, prior to rendering notary services or electronic notary
services, provide any person seeking notary or electronic
notary services services with a written acknowledgment that
substantially states, in English and the language used in the
advertisement for notary services the following: "I AM NOT AN
ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS. I AM NOT ALLOWED
TO DRAFT LEGAL DOCUMENTS OR RECORDS, NOR MAY I GIVE LEGAL
ADVICE ON ANY MATTER OR ACCEPT OR CHARGE FEES FOR THE
PERFORMANCE OF THOSE ACTIVITIES". The Office of the Secretary
of State shall translate this acknowledgement into Spanish and
any other language the Secretary of State may deem necessary to
achieve the requirements of this subsection (c-5), and shall
make the translations available on the website of the Secretary
of State. This acknowledgment shall be signed by the recipient
of notary services or electronic notary services before notary
services or electronic notary services are rendered, and the
notary shall retain copies of all signed acknowledgments
throughout their present commission and for 2 years thereafter.
Notaries shall provide recipients of notary services or
electronic notary services with a copy of their signed
acknowledgment at the time services are rendered. This
provision shall not apply to notary services or electronic

SB3698 - 35 - LRB101 17219 RJF 66622 b
notary services related to documents prepared or produced in
accordance with the Illinois Election Code.
(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 misdemeanor for a first offense
and a Class 3 felony for a second or subsequent offense
committed within 5 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 services 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 assistance 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 3 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 construed to
preempt nor preclude additional appropriate civil remedies or
criminal charges available under law.
(g) If a notary public or electronic notary public of this
State is convicted of a 2 or more business offense offenses

SB3698 - 36 - LRB101 17219 RJF 66622 b
involving a violation of this Act within a 12-month period
while commissioned, or of 3 or more business offenses involving
a violation of this Act within a 5-year period regardless of
being commissioned, the Secretary shall automatically revoke
the notary public commission or electronic notary public
commission of that person on the date that the person's most
recent business offense conviction is entered as a final
judgment.
(Source: P.A. 100-81, eff. 1-1-18; 101-465, eff. 1-1-20.)
(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
Sec. 3-104. Maximum Fee.
(a) Except as otherwise provided in this subsection (a)
provided in subsection (b) of this Section, the maximum fee for
non-electronic notarization in this State is $1.00 for any
notarial act performed and, until July 1, 2018, 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;
(2) $10 per page for the translation of a non-English
language into English where such translation is required
for immigration forms;
(3) $5 $1 for notarizing;
(4) $3 to execute any procedures necessary to obtain a

SB3698 - 37 - LRB101 17219 RJF 66622 b
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.
(b) The maximum fee in this State is $25 for any electronic
notarial act performed pursuant to this Act. An electronic
notary public may charge a reasonable fee to recover any cost
of providing a copy of an entry or a recording of an
audio-video communication in an electronic journal maintained
pursuant to Section 3-107.
(c) Any person who violates the provisions of this
subsection (a) or (b) 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 previous
conviction for the same offense.
(d) (c) Upon his own information or upon complaint of any
person, the Attorney General or any State's Attorney, or their
designee, may maintain an action for injunctive relief in the
court against any notary public or any other person who
violates the provisions of subsection (a) or (b) of this
Section. These remedies are in addition to, and not in
substitution for, other available remedies.
If the Attorney General or any State's 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

SB3698 - 38 - LRB101 17219 RJF 66622 b
action to enforce the provisions of this subsection and
maintain an action for injunctive relief.
(e) (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 presumptive
admission of allegations raised in complaints against the
notary for violations related to accepting prohibited fees.
(Source: P.A. 98-29, eff. 6-21-13.)
(5 ILCS 312/3-105) (from Ch. 102, par. 203-105)
Sec. 3-105. Authority.
(a) A notary public shall have authority to perform
notarial acts, or electronic notarial acts, if the notary holds
an electronic notary public commission, 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 notary's principal
place of work or principal place of business is in the same
county in Illinois in which the notary was commissioned.
(b) An electronic notary public who is physically located
in this State may perform an electronic notarial act using
communication technology in accordance with this Article and
any rules adopted by the Secretary of State for a remotely
located individual who is physically located: (i) in this
State; or (ii) outside of this State, but not outside the

SB3698 - 39 - LRB101 17219 RJF 66622 b
United States.
(Source: P.A. 91-818, eff. 6-13-00.)
(5 ILCS 312/3-106) (from Ch. 102, par. 203-106)
Sec. 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 ........ (notary's name), by
whom the foregoing or annexed document was notarized or
electronically 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 notary's official attestations. In testimony
whereof, I have affixed my signature and the seal of this
office on (insert date).
................................................
(Secretary of State or ...... County Clerk).
(Source: P.A. 91-357, eff. 7-29-99.)
(5 ILCS 312/3-107 new)
Sec. 3-107. Journal.
(a) A notary public or an electronic notary public shall

SB3698 - 40 - LRB101 17219 RJF 66622 b
keep a journal of each notarial act or electronic notarial act
which includes, without limitation, the requirements of
subsection (b), but does not include any electronic signatures
of the person for whom an electronic notarial act was performed
and any witnesses.
(b) A notarial or electronic notarial journal shall contain
the following information:
(1) a description of each notarial act or electronic
notarial act, and if the notarization was done
electronically, it shall also include whether the
electronic notarial act was performed using audio-video
communication;
(2) the date and time of the notarization or electronic
notarization;
(3) the type of notarial act and whether the act was
performed as a traditional notarial act or an electronic
notarial act;
(4) the type, the title, or a description of the
document, proceeding, or electronic document or electronic
proceeding;
(5) the printed name and address of each principal
involved in the transaction or proceeding;
(6) evidence of the identity of each principal involved
in the transaction or proceeding in the form of:
(A) a statement that the person is personally known
to the notary public;

SB3698 - 41 - LRB101 17219 RJF 66622 b
(B) a notation of the type of identification
document provided to the notary public;
(C) a record of the identity verification made
under paragraph (3) of subsection (d) of Section
6A-103, if applicable, and if the notarial act was
performed electronically; and
(D) The following:
(i) the printed name and address of each
credible witness swearing to or affirming the
person's identity; and
(ii) for each credible witness not personally
known to the notary or electronic notary, a
description of the type of identification
documents or identification verification provided
to the notary or electronic notary;
(7) if a notarial act is performed electronically, the
journal shall also include a recording of any audio-video
recording that is the basis for satisfactory evidence of
identity and a notation of the type of identification
presented as evidence; and
(8) the fee, if any, charged for the notarization or
electronic notarization.
(c) A notary or electronic notary shall:
(1) maintain and protect the journal at all times under
his or her sole control and surrender or destroy the
journal only by rule of law, by court order, or at the

SB3698 - 42 - LRB101 17219 RJF 66622 b
direction of the Secretary of State;
(2) provide for lawful inspection and copying of the
journal;
(3) if the journal is electronic, enable access by a
password or other secure means of authentication;
(4) be capable of providing tangible or electronic
copies of any entry made in the journal;
(5) ensure the integrity, security, and authenticity
of the journal;
(6) maintain a backup of any journal maintained
electronically; and
(7) protect the backup record from unauthorized use if
the journal is maintained electronically.
(d) A notary or electronic notary may maintain his or her
journal in either paper form or electronic form and may
maintain more than one journal or electronic journal to record
notarial acts or electronic notarial acts.
(e) The fact that the employer or contractor of a notary or
electronic notary keeps a record of notarial acts or electronic
notarial acts does not relieve the notary public of the duties
required by this Section. A notary public or electronic notary
public shall not surrender the journal to an employer upon
termination of employment and an employer shall not retain the
journal of an employee when the employment of the notary public
or electronic notary public ceases.
(f) The Secretary of State may suspend the commission of a

SB3698 - 43 - LRB101 17219 RJF 66622 b
notary or electronic notary who fails to produce any journal
entry within 10 days after receipt of a request from the
Secretary of State.
(g) The journal required by this Section shall be
maintained for at least 5 years after the date of the
transaction or proceeding.
(h) Upon surrender, revocation, or expiration of a
commission as a notary or electronic notary, all notarial
records or electronic notarial records required under this
section, except as otherwise provided by law, must be kept by
the notary public or electronic notary for a period of 5 years
after the termination of the registration of the notary public
or electronic notary public.
(i) If the journal of a notary public or electronic notary
public is lost, stolen, or compromised, the notary or
electronic notary shall notify the Secretary of State on
discovery of the loss, theft, or breach of security.
(5 ILCS 312/4-101) (from Ch. 102, par. 204-101)
Sec. 4-101. Changes causing commission to cease to be in
effect.
(a) When any notary public legally changes his or her name,
changes his or her residential address or business address, or
email address, without notifying the Index Department of the
Secretary of State in writing within 30 days thereof, or, if
the notary public is a resident of a state bordering Illinois,

SB3698 - 44 - LRB101 17219 RJF 66622 b
no longer maintains a principal place of work or principal
place of business in the same county in Illinois in which he or
she was commissioned, the commission of that notary ceases to
be in effect. When the commission of a notary public ceases to
be in effect, his or her notarial seal or electronic notary
seal shall be surrendered to the Secretary of State, and his or
her certificate of notarial commission or certificate of
electronic notarial commission shall be destroyed. These
individuals who desire to again become a notary public must
file a new application, bond, and oath with the Secretary of
State.
(b) Any change to the information submitted by an
electronic notary public in registering to perform electronic
notarial acts in compliance with any Section of this Act shall
be reported by the notary within 30 business days to the
Secretary of State.
(c) Any notary public or electronic notary public that
fails to comply with this Section shall be prohibited from
obtaining a new commission for a period of not less than 5
years.
(Source: P.A. 100-809, eff. 1-1-19.)
(5 ILCS 312/5-101) (from Ch. 102, par. 205-101)
Sec. 5-101. Reappointment. No person is automatically
reappointed as a notary public or electronic notary public. At
least 60 days prior to the expiration of a commission, the

SB3698 - 45 - LRB101 17219 RJF 66622 b
Secretary of State shall mail notice of the expiration date to
the holder of a commission. Every notary public or electronic
notary public who is an applicant for reappointment shall
comply with the provisions of Article II of this Act.
(Source: P.A. 84-322.)
(5 ILCS 312/5-102) (from Ch. 102, par. 205-102)
Sec. 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 public's commission of a notary public or electronic
notary public.
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 GOVERNMENTAL 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

SB3698 - 46 - LRB101 17219 RJF 66622 b
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.)
(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)
Sec. 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 determine, 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

SB3698 - 47 - LRB101 17219 RJF 66622 b
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. Identification documents are documents that are
valid at the time of the notarial act, issued by a state
agency, federal government agency, or consulate, and
bearing the photographic image of the individual's face and
signature of the individual.
(e) A notary public or electronic notary public shall have
no obligation to perform any notarial or electronic notarial
act, and may refuse to perform a notarial or electronic
notarial act without further explanation.
(Source: P.A. 97-397, eff. 1-1-12; 98-29, eff. 6-21-13.)
(5 ILCS 312/6-104) (from Ch. 102, par. 206-104)
Sec. 6-104. Acts prohibited.
(a) A notary public shall not use any name or initial in
signing certificates other than that by which the notary was
commissioned.
(b) A notary public shall not acknowledge any instrument in
which the notary's name appears as a party to the transaction.
(c) A notary public shall not affix his signature to a
blank form of affidavit or certificate of acknowledgment.
(d) A notary public shall not take the acknowledgment of or

SB3698 - 48 - LRB101 17219 RJF 66622 b
administer an oath to any person whom the notary actually knows
to have been adjudged mentally 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 person 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 prohibition shall not
prohibit an attorney, who is also a notary public, from
performing 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 another and willfully
fails to transmit or forward such money promptly, the notary is
personally liable for any loss sustained because of such

SB3698 - 49 - LRB101 17219 RJF 66622 b
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 public or his
bondsmen.
(j) A notary public shall not perform any notarial act when
his or her commission is suspended or revoked, nor shall he or
she fail to comply with any term of suspension which may be
imposed for violation of this Section.
(k) No notary public shall be authorized to explain,
certify, or verify the contents of any document; however, this
prohibition shall not prohibit an attorney, who is also a
notary public, from performing notarial acts for any document
prepared by that attorney.
(l) A notary public shall not represent himself or herself
as an electronic notary public if the person has not been
commissioned as an electronic notary public by the Secretary of
State.
(m) No person shall knowingly create, manufacture, or
distribute software or hardware for the purpose of allowing a
person to act as an electronic notary public without being
commissioned in accordance with this Act. A violation of this
subsection (m) is a Class A misdemeanor.
(n) No person shall wrongfully obtain, conceal, damage, or
destroy the technology or device used to create the electronic
signature or seal of an electronic notary public. A violation
of this subsection (n) is a Class A misdemeanor.

SB3698 - 50 - LRB101 17219 RJF 66622 b
(Source: P.A. 100-81, eff. 1-1-18; 100-809, eff. 1-1-19.)
(5 ILCS 312/Art. VI-A heading new)
ARTICLE VI-A
ELECTRONIC NOTARIAL ACTS AND FORMS
(5 ILCS 312/6A-101 new)
Sec. 6A-101. Requirements for systems and providers of
electronic notarial technology.
(a) An electronic notarization system shall comply with
this Act and any rules adopted by the Secretary of State.
(b) An electronic notarization system requiring enrollment
shall enroll only persons commissioned as electronic notaries
public by the Secretary of State.
(c) An electronic notarization vendor shall take
reasonable steps to ensure that an electronic notary public who
has enrolled to use the system has the knowledge to use it to
perform electronic notarial acts in compliance with this Act.
(d) A provider of an electronic notarization system
requiring enrollment shall notify the Secretary of State of the
name of each electronic notary public who enrolls in the system
within 5 days after enrollment by means prescribed by rule by
the Secretary of State.
(e) An electronic notarization system shall require access
to the system by a password or other secure means of
authentication.

SB3698 - 51 - LRB101 17219 RJF 66622 b
(f) An electronic notarization system shall enable an
electronic notary public to affix the electronic notary's
electronic signature in a manner that attributes such signature
to the electronic notary.
(g) An electronic notarization system shall render every
electronic notarial act tamper evident.
(h) An electronic notary public shall not use an electronic
notarization if:
(1) the electronic notary cannot competently operate
the electronic notarization system; or
(2) the electronic notary has a reasonable belief that
an electronic notarization system does not meet the
requirements set forth in this Act.
(5 ILCS 312/6A-102 new)
Sec. 6A-102. Electronic notary not liable for system
failure. An electronic notary public who exercised reasonable
care enrolling in and using an electronic notarization system
shall not be liable for any damages resulting from the system's
failure to comply with the requirements of this Act. Any
provision in a contract or agreement between the electronic
notary public and provider that attempts to waive this immunity
shall be null, void, and of no effect.
(5 ILCS 312/6A-103 new)
Sec. 6A-103. Electronic notarial acts.

SB3698 - 52 - LRB101 17219 RJF 66622 b
(a) An electronic notary public:
(1) is a notary public for purposes of this Act and is
subject to all provisions of this Act;
(2) may perform notarial acts as provided by this Act
in addition to performing electronic notarizations; and
(3) may perform an electronic notarization authorized
under this Article.
(b) In performing an electronic notarization, an
electronic notary public shall verify the identity of a person
creating an electronic signature at the time that the signature
is taken by using two-way audio and video conference technology
that meets the requirements of this Act and rules adopted under
this Article. For the purposes of performing an electronic
notarial act for a person using audio-video communication, an
electronic notary public has satisfactory or documentary
evidence of the identity of the person if the electronic notary
public confirms the identity of the person by:
(1) the electronic notary public's personal knowledge
of the person creating the electronic signature; or
(2) each of the following:
(A) remote presentation by the person creating the
electronic signature of a government-issued
identification credential, including a passport or
driver's license, that contains the signature and a
photograph of the person;
(B) credential analysis of the front and back of

SB3698 - 53 - LRB101 17219 RJF 66622 b
the government-issued identification credential and
the data thereon; and
(C) a dynamic knowledge-based authentication
assessment.
(c) An electronic notary public may perform any of the acts
set forth in Section 6-102 using audio-video communication in
accordance with this Section and any rules adopted by the
Secretary of State.
(d) If an electronic notarial act is performed using
audio-video communication:
(1) the technology must allow the persons
communicating to see and speak to each other
simultaneously;
(2) the signal transmission must be in real time; and
(3) the electronic notarial act must be recorded.
(e) The validity of the electronic notarial act will be
determined by applying the laws of the State of Illinois.
(f) The electronic notarial certificate for an electronic
notarization must include a notation that the notarization is
an electronic notarization.
(g) When performing an electronic notarization, an
electronic notary public shall complete an electronic notarial
certificate and attach or logically associate the electronic
notary's electronic signature and seal to that certificate in a
tamper evident manner. Evidence of tampering pursuant to this
standard may be used to determine whether the electronic

SB3698 - 54 - LRB101 17219 RJF 66622 b
notarial act is valid or invalid.
(h) The liability, sanctions, and remedies for improper
performance of electronic notarial acts are the same as
described and provided by law for the improper performance of
non-electronic notarial acts as described under Section 7-108.
(i) Electronic notarial acts need to fulfill certain basic
requirements to ensure non-repudiation and the capability of
being authenticated by the Secretary of State for purposes of
issuing apostilles and certificates of authentication. The
requirements are as follows:
(1) the fact of the electronic notarial act, including
the electronic notary's identity, signature, and
electronic commission status, must be verifiable by the
Secretary of State; and
(2) the notarized electronic document will be rendered
ineligible for authentication by the Secretary of State if
it is improperly modified after the time of electronic
notarization, including any unauthorized alterations to
the document content, the electronic notarial certificate,
the electronic notary public's electronic signature, or
the electronic notary public's official electronic seal.
(5 ILCS 312/6A-104 new)
Sec. 6A-104. Requirements for audio-video communication.
(a) An electronic notary public shall arrange for a
recording to be made of each electronic notarial act performed

SB3698 - 55 - LRB101 17219 RJF 66622 b
using audio-video communication. The audio-video recording
required by this Section shall be in addition to the journal
entry for the electronic notarial act required by Section
3-107. Before performing any electronic notarial act using
audio-video communication, the electronic notary public must
inform all participating persons that the electronic
notarization will be electronically recorded.
(b) If the person for whom the electronic notarial act is
being performed is identified by personal knowledge, the
recording of the electronic notarial act must include an
explanation by the electronic notary public as to how he or she
knows the person and how long he or she has known the person.
(c) If the person for whom the electronic notarial act is
being performed is identified by a credible witness:
(1) the credible witness must appear before the
electronic notary public; and
(2) the recording of the electronic notarial act must
include:
(A) a statement by the electronic notary public as
to whether he or she identified the credible witness by
personal knowledge or satisfactory evidence; and
(B) an explanation by the credible witness as to
how he or she knows the person for whom the electronic
notarial act is being performed and how long he or she
has known the person.
(d) An electronic notary public shall keep a recording made

SB3698 - 56 - LRB101 17219 RJF 66622 b
pursuant to this Section for a period of not less than 7 years,
regardless of whether the electronic notarial act was actually
completed.
(e) An electronic notary public who performs an electronic
notarial act for a principal by means of audio-video
communication shall be located within the State of Illinois at
the time the electronic notarial act is performed. The
electronic notary public shall include a statement in the
electronic notarial certificate to indicate that the
electronic notarial act was performed by means of audio-video
communication. The statement may also be included in the
electronic notarial seal.
(f) The remote electronic notarization system used to
perform electronic notarial acts by means of audio-video
communication shall:
(1) provide sufficient audio clarity and video
resolution to enable the electronic notary public and the
principal to see and speak to each other simultaneously
through live, real time transmission;
(2) include a means of authentication that reasonably
ensures only the proper parties have access to the
audio-video communication;
(3) provide some manner of ensuring that the electronic
record that is presented for electronic notarization is the
same record electronically signed by the principal;
(4) enable the electronic notary public to verify the

SB3698 - 57 - LRB101 17219 RJF 66622 b
identity of the principal through multiple identity
verification methods, which may include: (i) completion of
a dynamic knowledge-based authentication assessment; (ii)
credential analysis of a remotely presented
government-issued identification that contains the
signature and a photograph of the principal; (iii) a valid
public key certificate; or (iv) any other identity proofing
method adopted by the commissioning official;
(5) be capable of creating, storing, and accessing an
electronic recording of the audio-video communication; and
(6) provide reasonable security measures to prevent
unauthorized access to: (i) the live transmission of the
audio-video communication; (ii) a recording of the
audio-video communication; (iii) the verification methods
and credentials used to verify the identity of the
principal; and (iv) the electronic documents presented for
electronic notarization.
(g) An electronic notary public who performs an electronic
notarial act for a principal by means of audio-video
communication shall:
(1) be located within this State at the time the
electronic notarial act is performed;
(2) execute the electronic notarial act in a single
recorded session that complies with Section 6A-103;
(3) be satisfied that any electronic record that is
electronically signed, acknowledged, or otherwise

SB3698 - 58 - LRB101 17219 RJF 66622 b
presented for electronic notarization by the principal is
the same record electronically signed by the electronic
notary;
(4) be satisfied that the quality of the audio-video
communication is sufficient to make the determinations
required for the electronic notarial act under this Act and
any other law of this State; and
(5) identify the venue for the electronic notarial act
as the jurisdiction within Illinois where the notary is
physically located while performing the act.
(h) An electronic notarization system used to perform
electronic notarial acts by means of audio-video communication
shall:
(1) require the electronic notary public, the
principal, and any required witness to access the system
through an authentication procedure that is reasonably
secure from unauthorized access;
(2) enable the electronic notary public to verify the
identity of the principal and any required witness by means
of personal knowledge or satisfactory evidence of identity
in compliance with Section 6-102;
(3) provide reasonable certainty that the electronic
notary public, principal, and any required witness are
viewing the same electronic record and that all signatures,
changes, and attachments to the electronic record are made
in real time; and

SB3698 - 59 - LRB101 17219 RJF 66622 b
(4) be capable of creating, archiving, and protecting
the audio-video recording, and capable of providing public
and official access, inspection, and copying of this
recording as required by this Act.
(i) The audio-video recording shall include:
(1) at the commencement of the recording, a recitation
by the electronic notary public of information sufficient
to identify the electronic notarial act;
(2) a declaration by the principal that the principal's
electronic signature on the record was knowingly and
voluntarily made;
(3) all actions and spoken words of the principal,
notary public, and any required witness during the entire
electronic notarial act; and
(4) at the discretion of the principal, an accurate and
complete image of the entire electronic record that was
viewed and electronically signed by the principal and the
electronic notary public.
(j) The provisions of Section 3-107 related respectively to
security, inspection, copying, and disposition of the journal
shall also apply to security, inspection, copying, and
disposition of audio-video recordings required by this
Section.
(5 ILCS 312/6A-105 new)
Sec. 6A-105. Electronic certificate of notarial acts.

SB3698 - 60 - LRB101 17219 RJF 66622 b
(a) An electronic notarial act must be evidenced by an
electronic notarial certificate signed and dated by the
electronic notary public. The electronic notarial certificate
must include identification of the jurisdiction in which the
electronic notarial act is performed and the electronic seal of
the electronic notary public.
(b) An electronic notarial certificate of an electronic
notarial act is sufficient if it meets the requirements of
subsection (a) and it:
(1) is in the short form set forth in 6-105;
(2) is in a form otherwise prescribed by the law of
this State; or
(3) sets forth the actions of the electronic notary
public and those are sufficient to meet the requirements of
the designated electronic notarial act.
(c) At the time of an electronic notarial act, an
electronic notary public shall officially sign every
electronic notarial certificate and electronically affix the
electronic seal clearly and legibly, so that it is capable of
photographic reproduction. The illegibility of any of the
information required under this Section does not affect the
validity of a transaction.
(5 ILCS 312/6A-106 new)
Sec. 6A-106. Electronic acknowledgments; physical
presence.

SB3698 - 61 - LRB101 17219 RJF 66622 b
(a) For purposes of this Act, a person may appear before
the person taking the acknowledgment by:
(1) being in the same physical location as the other
person and close enough to see, hear, communicate with, and
exchange tangible identification credentials with that
person; or
(2) being outside the physical presence of the other
person, but interacting with the other person by means of
communication technology.
(b) If the acknowledging person is outside the physical
presence of the person taking the acknowledgment, the
certification of acknowledgment must indicate that the
notarial act was performed by means of communication
technology. A form of certificate of acknowledgment as provided
by the Secretary of State, which may include the use of a
remote online notarial certificate, is sufficient for purposes
of this subsection (b) if it substantially reads as follows:
"The foregoing instrument was acknowledged before me by means
of communication technology this (date) by...(each form
continued as sufficient for its respective purposes.)".
(5 ILCS 312/7-106) (from Ch. 102, par. 207-106)
Sec. 7-106. Willful Impersonation.
(a) 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

SB3698 - 62 - LRB101 17219 RJF 66622 b
misdemeanor.
(b) Any notary public or other person who is not an
electronic notary public that impersonates an electronic
notary public to perform electronic notarial acts is guilty of
a Class A misdemeanor.
(Source: P.A. 84-322.)
(5 ILCS 312/7-107) (from Ch. 102, par. 207-107)
Sec. 7-107. Wrongful Possession.
(a) No person may unlawfully possess, obtain, conceal,
damage, or destroy a notary's official seal. Any person who
unlawfully possesses a notary's official seal is guilty of a
misdemeanor and punishable upon conviction by a fine not
exceeding $1,000.
(b) No person may unlawfully possess, conceal, damage, or
destroy the certificate, disk, coding, card, program,
software, or hardware enabling an electronic notary public to
affix an official electronic signature or seal.
(c) Any person who violates this Section shall be guilty of
a misdemeanor and punishable upon conviction by a fine not
exceeding $1,000.
(Source: P.A. 84-322.)
(5 ILCS 312/7-108) (from Ch. 102, par. 207-108)
Sec. 7-108. Reprimand, suspension, and revocation of
commission.

SB3698 - 63 - LRB101 17219 RJF 66622 b
(a) The Secretary of State may revoke the commission of any
notary public who, during the current term of appointment:
(1) submits an application for commission and
appointment as a notary public which contains substantial
and material misstatement or omission of fact; or
(2) is convicted of any felony, misdemeanors,
including those defined in Part C, Articles 16, 17, 18, 19,
and 21, and Part E, Articles 31, 32, and 33 of the Criminal
Code of 2012, or official misconduct under this Act; or .
(3) is a licensed attorney and has been sanctioned,
suspended, or disbarred by the Illinois Attorney
Registration and Disciplinary Commission.
(b) Whenever the Secretary of State believes that a
violation of this Article has occurred, he or she may
investigate any such violation. The Secretary may also
investigate possible violations of this Article upon a signed
written complaint on a form designated by the Secretary.
(c) A notary's failure to cooperate or respond to an
investigation by the Secretary of State is a failure by the
notary to fully and faithfully discharge the responsibilities
and duties of a notary and shall result in suspension or
revocation of the notary's commission or the electronic
notary's commission.
(d) All written complaints which on their face appear to
establish facts which, if proven true, would constitute an act
of misrepresentation or fraud in notarization or electronic

SB3698 - 64 - LRB101 17219 RJF 66622 b
notarization, or misrepresentation or fraud on the part of the
notary, shall be investigated by the Secretary of State to
determine whether cause exists to reprimand, suspend, or revoke
the commission of the notary.
(e) The Secretary of State may deliver a written official
warning and reprimand to a notary, or may revoke or suspend a
notary's commission or an electronic notary's commission, for
any of the following:
(1) a notary's official misconduct, as defined under
Section 7-104;
(2) any ground for which an application for appointment
as a notary may be denied for failure to complete
application requirements as provided under Section 2-102;
(3) any prohibited act provided under Section 6-104; or
(4) a violation of any provision of the general
statutes.
(f) After investigation and upon a determination by the
Secretary of State that one or more prohibited acts have been
performed in the notarization or electronic notarization of a
document, the Secretary shall, after considering the extent of
the prohibited act and the degree of culpability of the notary,
order one or more of the following courses of action:
(1) issue a letter of warning to the notary, including
the Secretary's findings;
(2) order suspension of the commission of the notary
for a period of time designated by the Secretary;

SB3698 - 65 - LRB101 17219 RJF 66622 b
(3) order revocation of the commission of the notary;
(4) refer the allegations to the appropriate State's
Attorney's Office or the Attorney General for criminal
investigation; or
(5) refer the allegations to the Illinois Attorney
Registration and Disciplinary Commission for disciplinary
proceedings.
(g) After a notary receives notice from the Secretary of
State that his or her commission has been revoked, that notary
shall immediately deliver his or her official seal to the
Secretary. After an electronic notary public receives notice
from the Secretary of State that his or her electronic
commission has been revoked, the electronic notary public shall
immediately notify the electronic notary's chosen technology
provider, and to the extent possible, destroy or remove the
software used for electronic notarizations.
(h) A notary whose appointment has been revoked due to a
violation of this Act shall not be eligible for a new
commission as a notary public in this State for a period of at
least 5 years from the date of the final revocation.
(i) A notary may voluntarily resign from appointment by
notifying the Secretary of State in writing of his or her
intention to do so, and by physically returning his or her
stamp to the Secretary. An electronic notary public may
voluntarily resign from appointment by notifying the Secretary
of State in writing of his or her intention to do so, and by

SB3698 - 66 - LRB101 17219 RJF 66622 b
notifying the electronic notary's chosen technology provider,
and to the extent possible, destroy or remove the software used
for electronic notarizations. A voluntary resignation shall
not stop or preclude any investigation into a notary's conduct,
or prevent further suspension or revocation by the Secretary,
who may pursue any such investigation to a conclusion and issue
any finding.
(j) Upon a determination by a sworn law enforcement officer
that the allegations raised by the complaint are founded, and
the notary has received notice of suspension or revocation from
the Secretary of State, the notary is entitled to an
administrative hearing.
(k) The Secretary of State shall adopt administrative
hearing rules applicable to this Section that are consistent
with the Illinois Administrative Procedure Act.
(l) Any revocation, resignation, expiration, or suspension
of the commission of a notary public terminates or suspends any
commission to notarize electronically.
(m) A notary public may terminate registration to notarize
electronically and maintain his or her underlying notary public
commission.
(Source: P.A. 100-809, eff. 1-1-19; 101-81, eff. 7-12-19.)
(5 ILCS 312/7-110 new)
Sec. 7-110. Applicable law; conflict of law.
(a) The validity of any notarization, including an

SB3698 - 67 - LRB101 17219 RJF 66622 b
electronic notarization, shall be determined by applying the
laws of this State, regardless of the physical location of the
principal at the time of a remote notarization.
(b) An electronic notary public authorized to perform
electronic notarizations is subject to and must comply with
this Act.
(c) If a conflict between a provision of this Section and
another law of this State, this Section controls.
Section 10. The State Finance Act is amended by adding
Section 5.930 as follows:
(30 ILCS 105/5.930 new)
Sec. 5.930. The Electronic Notarization Fund.
Section 15. The Uniform Real Property Electronic Recording
Act is amended by changing Section 2 and by adding Section 3.5
as follows:
(765 ILCS 33/2)
Sec. 2. Definitions. In this Act:
(1) "Document" means information that is:
(A) inscribed on a tangible medium or that is
stored in an electronic or other medium and is
retrievable in perceivable form; and
(B) eligible to be recorded in the land records

SB3698 - 68 - LRB101 17219 RJF 66622 b
maintained by the county recorder.
(2) "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
(3) "Electronic document" means a document created,
generated, sent, communicated, received, or stored by
electronic means that is received by the recorder in an
electronic form.
(4) "Electronic signature" means an electronic sound,
symbol, or process attached to or logically associated with
a document and executed or adopted by a person with the
intent to sign the document.
(5) "Person" means an individual, corporation,
business trust, estate, trust, partnership, limited
liability company, association, joint venture, public
corporation, government, or governmental subdivision,
agency, or instrumentality, or any other legal or
commercial entity.
(6) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to
the jurisdiction of the United States.
(7) "Secretary" means the Secretary of State.
(8) "Commission" means the Illinois Electronic
Recording Commission.
Any notifications required by this Act must be made in

SB3698 - 69 - LRB101 17219 RJF 66622 b
writing and may be communicated by certified mail, return
receipt requested or electronic mail so long as receipt is
verified.
(Source: P.A. 95-472, eff. 8-27-07.)
(765 ILCS 33/3.5 new)
Sec. 3.5. Electronic documents certified by notary public.
(a) A paper or tangible copy of an electronic document that
a notary public has certified to be a true and correct copy
under subsection (b) satisfies any requirement of law that, as
a condition for recording, the document:
(1) be an original or be in writing;
(2) be signed or contain an original signature, if the
document contains an electronic signature of the person
required to sign the document; and
(3) be notarized, acknowledged, verified, witnessed,
or made under oath, if the document contains an electronic
signature of the person authorized to perform that act, and
all other information required to be included.
(b) A notary public duly appointed and commissioned under
Section 2-101 of the Illinois Notary Public Act may certify
that a paper or tangible copy of an electronic document is a
true and correct copy of the electronic document if the notary
public has:
(1) reasonably confirmed that the electronic document
is in a tamper evident format;

SB3698 - 70 - LRB101 17219 RJF 66622 b
(2) detected no changes or errors in any electronic
signature or other information in the electronic document;
(3) personally printed or supervised the printing of
the electronic document onto paper or other tangible
medium; or
(4) not made any changes or modifications to the
electronic document or to the paper or tangible copy
thereof other than the certification described in this
subsection (b).
(c) A county recorder shall accept for recording a paper or
tangible copy of a document that has been certified by a notary
public to be a true and correct copy of an electronic document
under subsection (b) as evidenced by a notarial certificate.
(d) A notarial certificate in substantially the following
form is sufficient for the purposes of this Section:
"State of....................................................
County of....................................................
On this.....(date), I certify that the foregoing and annexed
document [entitled............,] (and) containing
............pages is a true and correct copy of an electronic document
printed by me or under my supervision. I further certify that,
at the time of printing, no security features present on the
electronic document indicated any changes or errors in an

SB3698 - 71 - LRB101 17219 RJF 66622 b
electronic signature or other information in the electronic
document since its creation or execution.
.............................................................
(Signature of Notary Public)
(Seal)"
(f) If a notarial certificate is attached to or made a part
of a paper or tangible document, the certificate is prima facie
evidence that the requirements of subsection (c) have been
satisfied with respect to the document.
(g) A paper or tangible copy of a deed, mortgage, or other
document shall be deemed, from the time of being filed for
record, as notice to subsequent purchasers and creditors,
though it may not be certified in accordance with the
provisions of this Section.
(h) This Section does not apply to any map or plat governed
by the Plat Act, the Judicial Plat Act, or the Permanent Survey
Act, or to any monument record governed by the Land Survey
Monuments Act.
Section 99. Effective date. This Act takes effect on the
later of the following:
(1) January 1, 2021; or
(2) the date on which the Office of the Secretary of
State files with the Index Department of the Office of the
Secretary of State a notice that the Office of the
Secretary of State has adopted the rules necessary to

SB3698 - 72 - LRB101 17219 RJF 66622 b
implement this Act. Upon the filing of the notice, the
Index Department shall provide a copy of the notice to the
Legislative Reference Bureau.
SB3698 - 73 - LRB101 17219 RJF 66622 b
INDEX
Statutes amended in order of appearance
5 ILCS 312/1-104 from Ch. 102, par. 201-104
5 ILCS 312/1-106 new
5 ILCS 312/2-101 from Ch. 102, par. 202-101
5 ILCS 312/2-101.5 new
5 ILCS 312/2-102 from Ch. 102, par. 202-102
5 ILCS 312/2-102.5
5 ILCS 312/2-102.6 new
5 ILCS 312/2-102.7 new
5 ILCS 312/2-103 from Ch. 102, par. 202-103
5 ILCS 312/2-104 from Ch. 102, par. 202-104
5 ILCS 312/2-105 from Ch. 102, par. 202-105
5 ILCS 312/2-106 from Ch. 102, par. 202-106
5 ILCS 312/2-107
5 ILCS 312/3-101 from Ch. 102, par. 203-101
5 ILCS 312/3-101.5 new
5 ILCS 312/3-103 from Ch. 102, par. 203-103
5 ILCS 312/3-104 from Ch. 102, par. 203-104
5 ILCS 312/3-105 from Ch. 102, par. 203-105
5 ILCS 312/3-106 from Ch. 102, par. 203-106
5 ILCS 312/3-107 new
5 ILCS 312/4-101 from Ch. 102, par. 204-101
5 ILCS 312/5-101 from Ch. 102, par. 205-101
5 ILCS 312/5-102 from Ch. 102, par. 205-102
SB3698 - 74 - LRB101 17219 RJF 66622 b