Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.805 - Electronic Notarization System Provider Registration, Information Submitted for Registration, and Confidentiality of Certain Information

Current through Register Vol. 48, No. 28, July 12, 2024
a) Certification
				Required to Provide Electronic Notarization Systems. No person or entity may
				provide electronic notarization systems under
				5 ILCS
				312/6A-101 unless certified as a provider by the
				Secretary of State. All certified providers must apply for certification on an
				annual, calendar-year basis, with applications for recertification due in the
				Secretary's office not later than September 1 of each year. Nothing in this
				Part is intended to prohibit a governmental entity from developing an internal
				electronic notarization system that complies with the requirement in this Part
				for certification.
b) Who May
				Provide Electronic Notarization Systems. Without regard to the specific
				business operations of the provider, all certified system providers under this
				Section shall be responsible for ensuring that all of the duties and
				responsibilities of the system provider are carried out in accordance with this
				Part. System providers may provide these services through their own resources,
				through a subsidiary, or through contractual relationships with third
				parties.
c) The Secretary of State
				shall be solely responsible for certifying providers that apply for
				certification with the Secretary. Persons or entities desiring to be certified
				as providers may apply for certification at any time. An application for
				certification or recertification as a system provider must include the
				following information:
1) The legal name of
				the provider;
2) The type of
				business organization of the provider;
3) The mailing address, physical address,
				email address, and website address of the provider;
4) The name and phone number of a contact
				person for the provider;
5) If the
				applicant is a business entity, proof that the applicant is in good standing
				with the Illinois Secretary of State, Business Services Department;
6) An attestation that the technology used by
				the applicant is in compliance with the provisions of this Part and Article
				VI-A of the Act relating to the performance of electronic notarial acts, with a
				copy of all manuals and information guides made available to Illinois
				electronic notaries;
7) A
				certification that the vendor shall comply with the Illinois Notary Public Act
				and this Part regarding retention and storage and the disposition of documents,
				the electronic journal, and audio-video recordings if the provider no longer
				makes its system available to electronic notaries public for any
				reason;
8) Copies of publicly
				available policy and procedure manuals and training materials that are used for
				training or usage in Illinois;
9)
				Proof of liability insurance. The provider must maintain general commercial
				liability or product liability insurance with minimum liability limits of $1
				million per occurrence and $3 million aggregate total. The Secretary will
				accept other commercially acceptable insurance arrangements, in the same
				minimum amounts, if the Secretary determines that they provide an equivalent
				level of coverage; and
10) A
				declaration that the system complies with the laws of the State of Illinois
				governing electronic notarial acts.