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IL Administrative Rules 2023 (Notarial Acts and Duties)

Rule/Regulation

State: Illinois

Effective: June 05, 2023

Summary

This part 2 new law update on the 2023 administrative rules adopted by the Illinois Secretary of State provides various rules for the performance of notarial acts.

Affects
Adds Sections 176.500, 176.510, 176.520, 176.530, 176.540, 176.550, 176.600, and 176.610 to Title 14, Subtitle A, Chapter I, Part 176 of the Illinois Administrative Code.
Changes

Persons Physically Unable to Sign

  1. Provides that if a person cannot physically sign a document that is presented to a Notary and directs a person other than the Notary to sign the person’s name on the document, both the person who cannot physically sign the document and the person directed to sign the person’s name on the document must appear before the Notary and be identified under 5 ILCS 312/6-102(d), 6-102.5(a), or 6A-103(b), as applicable, at the time the document is signed.
  2. Provides that a Notary who performs a notarial act for a person who cannot physically sign shall type, print, or stamp the following, or a substantially similar statement, near the signature “Signature affixed by (name of individual) at the direction of (name of person physically unable to sign) in accordance with 14 Ill. Adm. Code 176.610”.

Notary Fees

  1. Authorizes a Notary or an Electronic Notary to charge the fees prescribed in 5 ILCS 312/3-104.
  2. Clarifies that neither a Notary nor an Electronic Notary is required to charge a fee. 
  3. Clarifies that a Notary or an Electronic Notary who charges a fee shall not charge more than the maximum fee allowed by 5 ILCS 312/3-104.
  4. Provides that before performing any notarial act, a Notary or an Electronic Notary must inform the requestor of the Notary’s or Electronic Notary’s fee, if any, that will be charged.
  5. Clarifies that a Notary or an Electronic Notary who advertises notarial services in a language other than English or performs services as described in 5 ILCS 312/3-103 must post a schedule of the fees listed in 5 ILCS 312/3-104 in a conspicuous location at all times, as required by 5 ILCS 312/3-103(b).

Notarial Certificate

  1. Provides that for a notarial certificate to be sufficient, it must contain the information required under 5 ILCS 312/6-103.
  2. Permits a notarial certificate to contain additional or other information as may be required to satisfy any legal requirements, ethical or legal concerns, or the business needs of the parties to the transaction.
  3. Requires a notarial certificate to be stamped, stapled, grommeted, or otherwise permanently bound to the tangible document in a tamper-evident manner, and further provides that the use of tape, paper clips, or binder clips is not permitted.
  4. Provides that when signing a paper certificate, a Notary must use a legible, recognizable handwritten signature that can be attributed to the Notary performing the notarial act by anyone examining or authenticating the signature.
  5. Clarifies that in signing a notarial certificate, if a Notary’s preferred signature is not legible and recognizable, the Notary must also legibly print the Notary’s name immediately adjacent to the signature, and further clarifies that a signature is legible and recognizable if the letters are distinct and easily readable, and the Notary’s full name may be clearly discerned by looking at the signature.

Acquisition of an Official Seal

  1. A Notary may purchase an official seal, and an Electronic Notary may purchase an electronic seal, only after receiving a commission certificate from the Secretary of State’s Index Department under Section 176.550(a) and providing a copy of the commission certificate to the Notary’s or Electronic Notary’s chosen seal vendor.
  2. Provides that the official seal of a Notary, and the electronic seal of an Electronic Notary, is the exclusive property of the Notary or Electronic Notary and may not be surrendered to an employer upon termination of employment, regardless of whether the employer paid for the official seal or electronic seal, bond, or appointment fees.
  3. Provides that upon appointment as a Notary or Electronic Notary, the Secretary of State shall send a commission certificate to the person appointed as a Notary or Electronic Notary, with which the person appointed may obtain an official seal or electronic seal.
  4. Provides that only upon presentation by the Notary or Electronic Notary of the commission certificate is a vendor authorized to provide the Notary with an official seal.

Specifications for the Official Seal

  1. Requires a Notary’s official seal to contain the words “Commission No.” immediately followed Notary’s commission ID number.
  2. Authorizes a Notary to use an official seal in effect before July 1, 2023, through the expiration of the Notary’s commission.
  3. Requires the electronic seal of an Electronic Notary to look identical to a traditional Notary seal and be accompanied by the Electronic Notary’s electronic signature and language explicitly stating that the electronic notarial act was performed using audio-video communication, if applicable.

Use of the Official Seal

  1. Requires a Notary to use the Notary’s official seal, affixed using a rubber stamp, to perform a notarial act. 
  2. Requires an Electronic Notary to use the Electronic Notary’s electronic seal, affixed using a mechanical stamp, to perform an electronic notarial act.
  3. Requires a Notary to place a legible imprint of the Notary’s official seal on a notarial certificate for a tangible record at the time of the performance of the notarial act.
  4. Provides that if a Notary’s official seal appears illegible on the document, the Notary may reapply a second, or subsequent, official seal to the document provided the application of a second or subsequent seal does not make any other portion of the document unreadable.
  5. Requires an Electronic Notary to attach or logically associate the Electronic Notary’s electronic seal with the electronic notarial certificate on an electronic record.
  6. Prohibits a Notary from placing an imprint of the Notary’s official seal, and an Electronic Notary attaching or logically associating the Electronic Notary’s electronic seal, over any signature in a record to be notarized or over any writing in a notarial certificate.
  7. Provides that when a notarial certificate is on a separate piece of paper attached to the tangible record to be notarized, or when there are attachments to the tangible record to be notarized, a Notary may use one additional imprint of the Notary’s official seal for identification of the tangible record and notarial certificate attached to the tangible record, if the imprint does not make any part of the record or attachment illegible, and further provides the additional seal must be partially stamped together on the notarial certificate, and on the signature page or attachment to the notarized record.

Security and Unauthorized Use of the Official Seal

  1. Prohibits a Notary from using the Notary’s official seal, and an Electronic Notary from using the Electronic Notary’s electronic seal, for any purpose other than to perform a notarial act.
  2. Prohibits a Notary from permitting any other person to use the Notary’s official seal, and an Electronic Notary may not permit any other person to use the Electronic Notary’s electronic seal, for any purpose.
  3. Prohibits a Notary or an Electronic Notary from using any other official seal or any other object in place of the Notary’s or Electronic Notary’s official seal to perform a notarial act.

Lost, Compromised, Destroyed, of Stolen Official Seal

  1. Provides that when a physical official seal is lost or stolen, the Notary must notify the Secretary of State’s Index Department in writing the next business day after discovering the seal was lost or stolen. 
  2. Provides that when an electronic official seal is lost or stolen, the Electronic Notary must notify the Department the next business day under 5 ILCS 312/3-101(d)(2).
  3. Requires a replacement official seal or electronic seal to contain a distinct difference from the original seal.
  4. Provides that if the lost or stolen official or electronic seal is found or recovered after a replacement has been obtained, the original seal must be destroyed.
Analysis

This part 2 new law update of the 2023 Illinois Notary administrative rules provides the changes to the law related to Notary and Electronic Notary official seals, notarial certificates, fees, and other matters. Most pertain to the official seal. Notably, official seals now must contain the exact words “Commission No.” followed by the Notary’s or Electronic Notary’s commission number. However, Notaries who are using official seals before July 1, 2023, do not need to replace their official seals to comply with this new requirement until their next Notary commission is granted. An Electronic Notary’s official seal must look identical to the physical seal, but of course, it will be affixed electronically instead of with a stamp. New also to the law is the procedure for notarizing the signature of a person who is physically unable to sign.

Read the adopted administrative rules (see page 8656).

Below are links the other new law updates on the 2023 Illinois administrative rules.

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