November 10, 2023
By: Jennifer L. Barton

For longer than anyone can remember, becoming a Notary Public in Illinois meant simply filling out a short application form, paying a small fee to the State, purchasing a personalized Notary Public seal and presto you were in business to sign your name to official documents as a Notary Public. No training, examination or knowledge was required. Whatever you signed as a Notary you returned to the person who brought it to you, and kept no record of what you “notarized.” However, all of that is about to change.

Beginning January 1, 2024, anyone seeking to obtain or renew a notary commission must first complete a 3-hour notary public course and pass an examination. The course must be issued by a provider approved and certified by the Secretary of State. The course may be administered in person or online. A passing exam score is 85%. Like the state bar exam for attorneys, the notary exam allows three tries to pass.

Notaries must also keep a notary journal, recording each notarial act in the journal at the time of notarization. The journal must be retained for seven years. Notaries employed by an attorney are exempted from the journal requirement but they must instead keep copies of all documents they notarize.

Illinois notaries are permitted to perform “remote” notarizations without applying for a separate electronic notary commission. “Remote” notarization is basically a paper notarization in which the notary and signer appear before each other using audio video communication. Both parties should be physically located in Illinois. Remote notaries use the traditional notary seal on the paper documents signed by the signer. Before performing a remote notarial act using audio-video communication, a notary public must confirm the identity of the remotely located signer by (a) personal knowledge, (b) the oath of a credible witness who personally knows the remotely located signer and who is personally known to the remote notary public; or (c) presentation by the signer of a governmental issued ID.

Once the signatory signs the document, they must transmit it via overnight mail, fax or electronic means to the notary no later than the day after the document is signed. The notary must then sign the transmitted copy of the document as a witness and transmit the signed copy back to the signer via overnight mail, fax or electronic means within 24 hours of receipt.

A notary public who wishes to perform “electronic” notarizations will need to apply for an additional Electronic Notary Commission. This is in addition to a traditional notary commission. Applying for an electronic notary commission involves completing a separate application, paying an additional fee, submitting a bond and taking an oath of office.

In electronic notarization, the notarization is performed on an electronic document using digital signatures and seals. The parties could be remote or in person. Should the parties be remote, only the notary needs to be in Illinois at the time of the electronic notarization. The electronic notarization will happen through a digital notary platform approved by the Illinois Secretary of State.

An electronic notary public shall at all times maintain an electronic seal and a digital certificate. There are many rules surrounding the notary’s electronic signature and seal. The electronic notary seal will contain all the same info as a traditional notary seal.