reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart D - NOTARY PUBLIC APPLICATION REQUIREMENTS › Section 176.320 - Appointment Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) No commission
				will be issued until the fee required by
				5 ILCS
				312/2-103 has been paid in full.
b) Authority of the Secretary of State to
				deny or revoke commission if payment is dishonored or stopped. If any method of
				payment submitted by an applicant to the Secretary of State pursuant to
				5 ILCS
				312/2-103 is returned to the Secretary of State or
				otherwise dishonored upon presentation of payment because the applicant has
				insufficient money or credit, or because the person stopped payment on the
				method of payment, the Secretary of State may immediately and without a hearing
				deny to commission the applicant as a notary public or electronic notary public
				or immediately revoke the applicant's commission if the commission has already
				been granted. An applicant whose commission is denied or revoked under this
				subsection (b) must resubmit an application for commission as a notary public
				or electronic notary public. A notary public or electronic notary public whose
				commission is revoked under this subsection (b) must reapply for a
				commission.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart D - NOTARY PUBLIC APPLICATION REQUIREMENTS › Section 176.330 - Oath

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notaries public
				and electronic notaries public must file an oath of office with the Secretary
				of State, affirming the notary's or electronic notary's intent to follow the
				laws and constitutions of the United States of America and the State of
				Illinois.
b) The legal name on the
				applicant's oath of office must exactly match the applicant's driver's license
				or state identification card and the name on the notary public application.
				Unless proven otherwise, the name shall consist of the applicant's first
				personal name (first name), additional name or names, if applicable, and
				surname (family or last name).
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart D - NOTARY PUBLIC APPLICATION REQUIREMENTS › Section 176.340 - Bond

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applicants for a
				notary public commission or electronic notary public commission must indicate
				at the time of application whether the applicant will perform only traditional
				in-person notarizations or remote notarizations.
b) An applicant for a notary public
				commission or electronic notary public commission must purchase a bond in the
				following amounts:
1) Applicants seeking to
				perform only traditional, in-person notarizations - $5,000;
2) Applicants seeking to perform traditional,
				in-person notarizations and remote or electronic notarizations - $25,000 in
				addition to the bond required by subsection (b)(1) for traditional notaries, or
				a combined bond of $30,000, pursuant to
				5 ILCS
				312/2-105(b).
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart D - NOTARY PUBLIC APPLICATION REQUIREMENTS › Section 176.350 - Reappointment

Current through Register Vol. 48, No. 28, July 12, 2024
a) A current notary
				public and a current electronic notary public may apply for reappointment 60
				days before an existing commission expires. The date of the new commission will
				be the date immediately after the expiration date of the current
				commission.
b) To prevent a gap
				between commissions, a notary public and electronic notary public should apply
				for reappointment at least 30 days before the commission under which the notary
				public is currently acting expires.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart E - NOTARY PUBLIC REMITTANCE AGENT › Section 176.400 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of this Subpart, the following definitions
				  apply:
"Applicant" means a person requesting that a remittance agent
				  license be issued in the applicant's name or the name of a business entity the
				  applicant controls.
"Department" means the Secretary of State Department of
				  Index.
"Financially sound" means solvent and able to pay expenses
				  and debts as due, as evidenced by the surety bond obtained pursuant to Section
				  176.410(c).
"Fraudulent activity" means any action calculated to deceive,
				  whether it be a single act or combination of circumstances, whether the
				  suppression of the truth or the suggestion of what is false, whether it be by
				  direct falsehood or by innuendo, by speech or by silence, as the action or
				  inaction applies to the remittance agent's obligations found in
				  5 ILCS
				  312/2-107.
"Good business integrity" means soundness or good moral
				  principles and character in business dealings as evidenced by the surety bond
				  or bonds obtained under Section
				  176.410(c).
"Immediate family" means spouse, offspring, sibling, or
				  parent.
"Licensee" means a licensed remittance agent.
"Remittance Agent" means any person who self-represents to
				  the public as being engaged in or who engages in accepting notary public or
				  electronic notary public applications and fees for submission to the Secretary
				  of State, whether the person renders any other service in connection with the
				  making of any such remittance or is engaged in any other endeavor. The term
				  "remittance agent" also includes any person who self-represents to the public
				  as being engaged in or who engages in accepting money for consulting or
				  advising the public on matters concerning applications for Illinois notarial
				  commissions. The term "remittance agent" does not include any licensed attorney
				  providing advice to clients or the general public.
"Revocation" means the termination by formal action of a
				  person's license to operate as a remittance agent.
"Secretary" means the Illinois Secretary of State.
"Suspension" means the temporary withdrawal by formal action
				  of the Secretary of a person's license to operate as a remittance agent for a
				  period of time determined by the Secretary.
"Transaction" means an application for a notary public or
				  electronic notary public commission and fees for remittance to the
				  Department.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart E - NOTARY PUBLIC REMITTANCE AGENT › Section 176.410 - Application for Remittance Agent's License and Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a person wishes to become a remittance
				agent, an application and bond as described in subsection (c) must be filed
				with the Office of the Secretary of State in accordance with subsection
				(e).
b) The application, which must
				be notarized, shall contain the following information:
1) The previous year's license number if the
				person is currently licensed as a remittance agent;
2) The name of the business;
3) The location of the business. A licensee
				shall not do business at a location not identified in the license and must
				maintain a physical location in Illinois or name an agent for service of
				process with a physical location in Illinois;
4) The applicant's home address, home
				telephone number, business telephone number, email address, and website, if
				any;
5) The applicant's business,
				occupation, or profession;
6) The
				total amount of cash, checks, electronic payments, or money orders received by
				and made payable to the remittance agent for remittance to the State in the
				highest 15-day period in the preceding year if the person is currently
				licensed;
7) Whether the applicant,
				a member of the applicant's immediate family, or any employee of the applicant
				is an employee of the Secretary of State; and
8) Whether the applicant has ever been
				involved in civil or criminal litigation including bankruptcy proceedings, and
				if so, the type of litigation, the date and suit or charge, the court in which
				the matter was heard, the style or caption of the case, the disposition of the
				matter, and if the judgment has been satisfied.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart E - NOTARY PUBLIC REMITTANCE AGENT › Section 176.420 - Denial of Application for Remittance Agent's License

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
				5 ILCS
				312/2-107, the Department will deny an application for
				a remittance agent's license unless the applicant complies with that Section.
				If a person's application is denied, the person will be sent the application
				submitted and a notice of the denial by certified mail within 30 days after the
				date the application was submitted. The notice will contain the reason for the
				denial and inform the applicant of the opportunity to request an administrative
				hearing to contest the denial under Subpart K.
b) Renewal of a remittance agent's license
				shall be denied if upon investigation it is discovered that the remittance
				agent is not financially sound and of good business integrity or is otherwise
				ineligible for a license as provided in
				5 ILCS
				312/2-107. The Index Department may audit the
				remittance agent at any time during the term of the license. Any further
				investigation will be conducted by the Secretary of State Department of
				Police.
c) The Department will
				consider written complaints regarding remittance agents. Upon receipt of a
				complaint, Secretary of State police must investigate the matter. If, upon this
				investigation, it is discovered that a basis for denial exists under any
				Section of the Act or this Part, the remittance agent's current license will be
				suspended or revoked as provided in Section
				176.430.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart E - NOTARY PUBLIC REMITTANCE AGENT › Section 176.430 - Suspension and Revocation of Remittance Agent's License

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department shall suspend a remittance
				agent's license under the following circumstances:
1) the licensee fails to keep records
				detailing transactions with the Secretary of State;
2) the licensee fails to furnish information
				requested by the Department; or
3)
				it is discovered that the licensee or a member of the person's immediate family
				is an employee of the Secretary of State.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart E - NOTARY PUBLIC REMITTANCE AGENT › Section 176.440 - Processing Transactions

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				applications for notary public or electronic notary public commissions
				submitted to the Department by persons acting as remittance agents must be
				submitted electronically or by regular mail.
b) All transactions must be submitted to the
				Department within 30 days after receipt by the remittance agent as required by
				5 ILCS
				312/2-107(c). Transactions sent by
				regular mail will be considered submitted to the Department on the date of
				postmark. Depending on the severity of the violation, failure to comply with
				this Section will be grounds for suspension or revocation.
c) No remittance agent shall employ any
				individual, or any member of that individual's immediate family, who is
				employed by the Office of the Secretary of State.
d) All applications must include the
				remittance agent's assigned number in the designated position on the
				form.
e) The fee submitted to the
				Department must be done so in a manner that associates the payment with a
				specific application. Failure of the remittance agent to associate the payment
				with the proper application will result in the rejection of the
				transaction.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart E - NOTARY PUBLIC REMITTANCE AGENT › Section 176.450 - Recordkeeping Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
				person licensed as a remittance agent as defined in
				5 ILCS
				312/2-107 must maintain for three years a record of
				each transaction.
b) The records
				must be maintained in ledger form or be computerized. All records should be
				available to employees from the Secretary of State or the officers from the
				Secretary of State Department of Police within 60 minutes, Monday through
				Friday during business hours, after a request. For purposes of this subsection
				(b), Secretary of State Police will only make records requests between 11:00 am
				and 4:00 pm Central Time. The records must contain the following information:
1) The name and address of the remittance
				agent. If the remittance agent has more than one licensed location, the records
				must reflect the location where the transaction was received or processed or
				where the records are kept.
2) The
				name and address of the applicant submitting the transaction. If a remittance
				agent does not make the initial contact with the applicant but receives a
				transaction from another remittance agent, the second remittance agent must
				record the original applicant's name and that of the initiating remittance
				agent.
3) The amount of fee
				received by the remittance agent for delivery to the Department for each
				transaction. The funds must be identified as "cash", "check", "electronic
				payment" or "money order" payable to the Secretary of State, or "check",
				"electronic payment" or "money order" payable to the remittance
				agent.
4) The date the fee and
				transaction were received by the remittance agent.
5) The date the fee and transaction were
				submitted to the Department and the method of delivery.
6) If the application was approved, the date
				that the remittance agent license was approved by the
				Department.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart E - NOTARY PUBLIC REMITTANCE AGENT › Section 176.460 - Severability Clause

Current through Register Vol. 48, No. 28, July 12, 2024
If any clause or Section of this Part or the application of
				  any provision of this Part to any person or circumstance is rendered
				  unconstitutional, the remainder of this Part or its application to other
				  persons and circumstances shall not be affected. Each clause shall be severable
				  without rendering the rest of the Part invalid. Likewise, each application of
				  the Part shall be severable without rendering future applications
				  invalid.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart F - DUTY, FEES, AUTHORITY › Section 176.500 - Use of Official Seal and Electronic Seal

Current through Register Vol. 48, No. 28, July 12, 2024
a) A notary public must use the notary
				public's official seal, affixed using a rubber stamp, to perform a notarial
				act. An electronic notary public must use the electronic notary public's
				electronic seal, affixed using a mechanical stamp, to perform an electronic
				notarial act.
b) A notary public
				must place a legible imprint of the notary public's official seal on a notarial
				certificate for a tangible record at the time of the performance of the
				notarial act.
c) An electronic
				notary public must attach or logically associate the electronic notary public's
				electronic seal with the electronic notarial certificate on an electronic
				record.
d) A notary public must not
				place an imprint of the notary public's official seal, and an electronic notary
				public must not attach or logically associate the electronic notary public's
				electronic seal, over any signature in a record to be notarized or over any
				writing in a notarial certificate.
e) 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
				public may use one additional imprint of the notary public'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. The additional seal must be partially stamped together on
				the notarial certificate, and on the signature page or attachment to the
				notarized record.
f) A notary
				public may not use the notary public's official seal, and an electronic notary
				public may not use the electronic notary public's electronic seal, for any
				purpose other than to perform a notarial act.
g) A notary public may not permit any other
				person to use the notary public's official seal, and an electronic notary
				public may not permit any other person to use the electronic notary public's
				electronic seal, for any purpose.
h) A notary public may not use any other
				notary public's official seal or any other object in place of the notary
				public's official seal to perform a notarial act.
i) An electronic notary public may not use
				any other electronic notary public's electronic seal or any other object in
				place of the electronic notary public's electronic seal to perform a notarial
				act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart F - DUTY, FEES, AUTHORITY › Section 176.510 - Acquiring the Official Seal and the Electronic Seal

Current through Register Vol. 48, No. 28, July 12, 2024
a) A notary public may purchase an official
				seal, and an electronic notary public may purchase an electronic seal, only
				after receiving a commission certificate from the Department under Section
				176.550(a), and
				providing a copy of the commission certificate to the notary public's or
				electronic notary public's chosen seal vendor.
b) The official seal of a notary public, and
				the electronic seal of an electronic notary public, is the exclusive property
				of the notary public or electronic notary public 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, the bond, or the appointment
				fees.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart F - DUTY, FEES, AUTHORITY › Section 176.520 - Description of the Official Seal and Electronic Seal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The reasonably legible imprint of an
				official seal of a notary public must contain:
1)
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 following information
in descending
				order:
A)
The words "Official
				Seal";
B)
The
				notary's official name,
printed;
C)
The words "Notary Public, State of
				Illinois";
D) The words
				"Commission No." immediately followed by the notary public's commission number;
				and
E)
The words "My
				Commission Expires"
, immediately followed by the notary public's
				commission expiration date, expressed in terms of the month, one- or two-digit
				day, and complete year (e.g., January 1, 2024). [5 ILCS
				312/3-101(a) ]
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart F - DUTY, FEES, AUTHORITY › Section 176.530 - Replacement of Lost, Compromised, Destroyed, or Stolen Official Seal or Electronic Seal

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
				physical official seal is lost or stolen, the notary public must notify the
				Department in writing the next business day after discovering the seal was lost
				or stolen. When an electronic official seal is lost or stolen, the notary
				public must notify the Department the next business day under
				5 ILCS
				312/3-101(d)(2).
b) A replacement official seal or electronic
				seal must contain a distinct difference from the original seal.
c) 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.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart F - DUTY, FEES, AUTHORITY › Section 176.540 - Notary Public and Electronic Notary Public Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) A notary public or electronic notary
				public may charge the fees prescribed in
				5 ILCS
				312/3-104.
b) Neither a notary public nor an electronic
				notary public is required to charge a fee. A notary public or electronic notary
				public who charges a fee shall not charge more than the maximum fee allowed by
				5 ILCS
				312/3-104.
c) Before performing any notarial act, the
				notary public or electronic notary public must inform the requestor of the
				notary's or electronic notary's fee, if any, that will be charged.
d) A notary public or electronic notary
				public 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).
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart F - DUTY, FEES, AUTHORITY › Section 176.550 - Commission Certificate

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
				appointment as a notary public or electronic notary public, the Secretary of
				State shall send a commission certificate to the person appointed as a notary
				public or electronic notary public, with which the person appointed may obtain
				an official seal or electronic seal.
b) Only upon presentation by the notary
				public or electronic notary public of the Commission Certificate is a vendor
				authorized to provide the notary with an official seal described in Section
				176.520 or an electronic notary
				with an electronic seal as described in Sections
				176.520 and
				176.810.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart G - NOTARIAL ACTS › Section 176.600 - Notarial Certificates

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Minimum requirements. For a notarial certificate to be sufficient, it must
				contain the information required under
				5 ILCS
				312/6-103.
b) Additional Information. A notarial
				certificate may 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.
c) Permanently and Securely Attached. A
				notarial certificate must be stamped, stapled, grommeted, or otherwise
				permanently bound to the tangible document in a tamper-evident manner. The use
				of tape, paper clips, or binder clips is not permitted.
d) Legible Signature Required. When signing a
				paper certificate, the notary public shall use a legible, recognizable
				handwritten signature that can be attributed to the notary public performing
				the notarial act by anyone examining or authenticating the signature. If a
				notary public's preferred signature is not legible and recognizable, the notary
				public must also legibly print the notary public's name immediately adjacent to
				the signature. In this chapter, a signature is legible and recognizable if the
				letters are distinct and easily readable, and the notary public's full name may
				be clearly discerned by looking at the signature.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart G - NOTARIAL ACTS › Section 176.610 - Persons Physically Unable to Sign Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a person cannot physically sign a
				document that is presented to a notary public 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 shall 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.
b) A notary public 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".
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart H - REMOTE NOTARIAL ACTS › Section 176.700 - Standards for Remote Notarial Acts Using Audio-Video Communication

Current through Register Vol. 48, No. 28, July 12, 2024
a) Pursuant to
				Section 3-107 of the Act, a notary performing a remote notarization shall
				maintain an accurate and reliable record of each remote notarial act performed
				by the notary public.
b) Before
				performing a remote notarial act using audio-video communication, a remote
				notary public must confirm the identity of the remotely located principal by:
1) Personal knowledge;
2) The oath of a credible witness who
				personally knows the remotely located principal and who is personally known to
				the remote notary public; or
3)
				Remote presentation by the remotely located principal of a government-issued
				identification credential that contains a photograph and the signature of the
				remotely located principal and otherwise conforms to the requirements of
				5 ILCS
				312/6-102.5(a)(3).
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart H - REMOTE NOTARIAL ACTS › Section 176.710 - Remote Notarial Acts - Recording

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				notary public in the State of Illinois may perform a remote notarial act for
				remotely located principals under
				5 ILCS
				312/6-102.5
b) A remotely located principal may comply
				with the requirement to appear personally before a remote notary public by
				appearing remotely before the remote notary public using audio-video
				technology.
c) A remote notary
				public has satisfactory evidence of the identity of a remotely located
				principal if the remote notary public has personal knowledge of the identity of
				the remotely located principal or if the remote notary public has satisfactory
				evidence of the identity of the remotely located principal by oath or
				affirmation of a credible witness.
1) Personal
				Knowledge. A remote notary public has personal knowledge of the identity of the
				remotely located principal appearing before the remote notary public if the
				remotely located principal is personally known to the remote notary public
				through dealings sufficient to provide reasonable certainty that the remotely
				located principal has the identity claimed.
2) Credible Witness. To be a credible witness
				under Section 6-102.5(a)(3) of the Act, the witness shall have personal
				knowledge of the remotely located principal who has made a statement in or
				executed a signature on the record that is the subject of the remote notarial
				act. The remote notary public must have personal knowledge of the credible
				witness or shall have verified the identity of the credible witness. A credible
				witness may be a remotely located principal if the remote notary public,
				credible witness, and remotely located principal whose statement or signature
				is the subject of the notarial act can communicate by using audio-video
				technology.
3) Identity
				Verification. Remote presentation by a remotely located principal of a
				government-issued identification credential that contains a photograph and the
				signature of the remotely located principal and otherwise conforms to the
				requirements of 5 ILCS
				312/6-102.5(a)(3).
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart H - REMOTE NOTARIAL ACTS › Section 176.720 - Requirement to Restart Performance of Act Under Certain Circumstances

Current through Register Vol. 48, No. 28, July 12, 2024
a) A remote notary
				public who is performing a remote notarial act using audio-video communication
				must restart the performance of the remote notarial act from the beginning,
				including and without limitation confirming the identity of the remotely
				located principal in accordance with Section
				176.700, if at any time during
				the performance of the remote notarial act:
1) The remotely located principal or the
				remote notary public exits the session;
2) The audio-video communication link is
				broken; or
3) The remote notary
				public believes that the process of completing the remote notarial act has been
				compromised and cannot be completed, for any reason, including poor resolution
				or quality of the audio or video transmission, or both.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart H - REMOTE NOTARIAL ACTS › Section 176.730 - Remote Notarial Certificates

Current through Register Vol. 48, No. 28, July 12, 2024
a) A form
				of notarial certificate for a remote notarization complies with Sections 6-103
				and 6-105 of the Act if it is in the form provided by applicable law and
				contains a statement substantially as follows: "This remote notarization
				involved the use of audio-video technology".
b) A short form of acknowledgment prescribed
				in 5 ILCS
				312/6-105 or other form of notarial certificate
				required by law complies with
				5 ILCS
				312/6-103 if it follows substantially one of the forms
				in this subsection (b):
1) For an
				acknowledgment in an individual capacity:
State of Illinois
County of ______________
The foregoing instrument was acknowledged before me using
				  audio-video technology on (date)____ by ____(name(s) of
				  individual(s))____.
(Signature of notary public)
Notary Public
(Notary seal)
(My commission expires: _____________)
2) For an acknowledgment in a representative
				capacity:
State of Illinois
County of ___________
The foregoing instrument was acknowledged before me using
				  audio-video technology on (date)____ by ____(name(s) of individual(s))____as
				  (type of authority, such as officer or trustee) of (name of party on behalf of
				  whom the instrument was executed).
(Signature of notary public)
Notary Public
(Notary seal)
(My commission expires:_ ____________)
3) For a verification on an oath or
				affirmation:
State of Illinois
County of ____________
Signed and sworn to (or affirmed) before me using audio-video
				  technology on (date)____ by ____(name(s) of individual(s))____ making
				  statement).
(Signature of notary public)
Notary public
(Notary seal)
(My commission expires:
				  _____________)
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.800 - Electronic Notary Public Commission Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person may not perform an electronic
				notarial act unless the Secretary of State has approved the electronic notary
				public commission of a person under
				5 ILCS
				312/2-102 and the traditional notary public commission
				is in effect.
b) The Secretary of
				State may suspend or revoke the commission of a notary public who performs or
				offers to perform an electronic notarial act without an electronic notary
				public commission that has been approved by the Secretary of State, as required
				by Section 176.980(b).
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.802 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise noted, the following definitions apply to
				  this Subpart I:
"Electronic notarization system" or "system" means any
				  combination of technology that enables a notary public to perform a notarial
				  act remotely; that allows the notary public to communicate by sight and sound
				  with the principal or witnesses, if applicable, using audio-video
				  communication; and that includes features to conduct credential analysis and
				  identity proofing.
"Electronic notarization system provider" or "provider" means
				  the third-party vendor that operates, maintains, and sells access to an
				  electronic notarization system. Providers may be manufacturers of the system,
				  authorized representatives of a manufacturer, or other business
				  entities.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.810 - Information Required in Electronic Seal, Electronic Documents Made Tamper-Evident, and Notation Required if Audio-Video Communication Is Used to Perform Notarial Acts

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				electronic seal of an electronic notary public must have the information
				required to be included in an official seal under Section
				176.520 and
				5 ILCS
				312/3-101(a) and must generally
				conform to the size and other requirements in Section
				176.520 and
				5 ILCS
				312/3-101(a) and (b-5).
b) After the electronic seal and electronic
				signature are affixed or attached to or logically associated with an electronic
				notarial certificate of an electronic document and the electronic notarial act
				is thereby made complete, the electronic seal and electronic signature of the
				notary public must be capable of independent verification and the electronic
				document must be rendered tamper-evident.
c) If an electronic notary public performs an
				electronic notarial act using audio-video communication, the electronic notary
				public must include adjacent to the electronic seal or in the electronic
				notarial certificate a notation indicating that the electronic notarial act was
				performed using audio-video communication. The notation required by this
				subsection must be the following statement or a substantially similar
				statement: "Notarial act performed by audio-video communication".
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.815 - Access and Use of Electronic Notary Seal and Electronic Signature

Current through Register Vol. 48, No. 28, July 12, 2024
a) Neither the
				employer of an electronic notary public nor any of the employer's employees or
				agents shall use or permit the use of an electronic notary seal or signature by
				anyone other than the authorized electronic notary public to whom it is
				registered.
b) Access to electronic
				notary signatures and electronic notary seals must be protected using biometric
				authentication, password authentication, token authentication, or other form of
				authentication approved by the Secretary according to the Act and this
				Part.
c) Report of Theft or
				Vandalism
1) An electronic notary public must
				report, in writing to the Secretary, the theft or vandalism of the notary's
				electronic signature, electronic notary seal, electronic record or journal,
				including the backup record, backup journal, and audio-video recordings within
				the next business day after discovering the theft or vandalism.
2) Failure to report the theft or vandalism
				is grounds for revocation of an electronic notary public's
				commission.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.820 - Changes to Digital Certificate and Electronic Seal of Electronic Notary

Current through Register Vol. 48, No. 28, July 12, 2024
a) An electronic
				notary public shall at all times maintain an electronic seal and at least one
				digital certificate that includes the electronic notary's electronic signature.
				Both the electronic seal and digital certificate must comply with the Act and
				this Part.
b) An electronic notary
				may use more than one digital certificate in accordance with this
				Part.
c) An electronic notary
				public shall replace an electronic seal or digital certificate under the
				following circumstances:
1) The electronic
				seal or digital certificate has expired;
2) The electronic seal or digital certificate
				has been revoked or terminated by the device's issuing or registering
				authority; or
3) The electronic
				seal or digital certificate is for any reason no longer valid or capable of
				authentication.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.825 - Standards for Communication Technology

Current through Register Vol. 48, No. 28, July 12, 2024
a) Communication technology must provide
				synchronous audio-video feeds of sufficient video resolution and audio clarity
				to enable the electronic notary public and the individual to see and speak with
				each other in real time. The process must provide a means for the electronic
				notary reasonably to confirm that an electronic record before the electronic
				notary public is the same record in which the individual made a statement or on
				which the individual executed a signature.
b) Communication technology must provide
				reasonable security measures to prevent unauthorized access to:
1) The live transmission of the audio-video
				feeds;
2) The methods used to
				perform identity verification;
3)
				The electronic record that is the subject of the electronic notarization;
				and
4) Any electronic notary
				public's journal or audio-video recordings maintained or stored as a function
				of the communication technology.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.830 - Duties of Electronic Notary Public

Current through Register Vol. 48, No. 28, July 12, 2024
An electronic notary public must take reasonable steps
				  to:
a) Ensure the integrity, security,
				and authenticity of each electronic notarial act performed by the electronic
				notary public;
b) Maintain a secure
				backup of the electronic journal kept in accordance with
				5 ILCS
				312/3-107; and
c) Ensure that any audio-video communication
				while performing an electronic notarial act, and any journal records and
				audio-video recordings stored as a function of the communication technology,
				are secure from unauthorized access or interception.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.835 - Standards for Identity Verification

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an electronic notary public does not
				have satisfactory evidence of the identity of a remotely located principal
				pursuant to 5 ILCS
				312/6A-103(b)(1), the electronic
				notary public must reasonably verify the principal's identity through a
				multi-factor authentication procedure as provided in this Section. The
				procedure must analyze the principal's identification credential presented
				remotely against trusted third-person data sources, bind the principal's
				identity following a successful dynamic knowledge-based authentication
				assessment, and permit the electronic notary public to visually compare the
				identification credential and the principal. Credential analysis and identity
				proofing must be performed by a reputable third party who has provided evidence
				to the electronic notary public of the ability to comply with this
				Section.
b) Credential analysis
				must use public or private data sources to confirm the validity of the
				identification credential presented electronically by a principal and will, at
				a minimum:
1) Use automated software processes
				to aid the electronic notary public in verifying the identity of each
				principal;
2) Require the
				identification credential to pass an authenticity test, consistent with sound
				commercial practices, that uses appropriate technologies to confirm the
				integrity of visual, physical, or cryptographic security features and to
				confirm that the identification credential is not fraudulent or inappropriately
				modified;
3) Use information held
				or published by the issuing source or an authoritative source, as available and
				consistent with sound commercial practices, to confirm the validity of personal
				details and identification credentials; and
4) Enable the electronic notary public to
				visually compare for consistency the information and photograph on the
				identification credential and the principal as viewed by the electronic notary
				public in real time through communication technology.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.840 - Maintenance of Record of Electronic Notarial Act

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to
				  5 ILCS
				  312/3-107, an electronic notary public shall maintain
				  an accurate and reliable journal record of each electronic notarial act
				  performed by the electronic notary public. The record must be maintained for at
				  least 7 years and must be made available to the Secretary upon
				  request.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.845 - Electronic Notarial Act Using Audio-Video Communication - Duty of Electronic Notary and System Provider to Protect Recordings and Personally Identifying Information from Unauthorized Access

Current through Register Vol. 48, No. 28, July 12, 2024
An electronic notary public performing an electronic notarial
				  act using audio-video communication, and the provider whose system is used,
				  must ensure that the recording of the electronic notarial act made under
				  5 ILCS
				  312/6A-104 and any personally identifiable information
				  disclosed during the performance of the electronic notarial act is protected
				  from unauthorized access.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.850 - Use of System Provider to Store Electronic Journals and Recordings

Current through Register Vol. 48, No. 28, July 12, 2024
a) An electronic
				notary public may use a system provider to store the electronic journal of the
				electronic notary public and the recording made under
				5 ILCS
				312/6A-104 of an electronic notarial act performed
				using audio-video communication if the provider has registered with the
				Secretary of State and the provider's certification is in effect.
b) Except as otherwise provided in this
				subsection, a provider that stores the electronic journal of an electronic
				notary public and the recording made under
				5 ILCS
				312/6A-104 of an electronic notarial act performed
				using audio-video communication must allow the electronic notary public sole
				control of the electronic journal and the recording. The provider may allow
				access to the electronic journal of an electronic notary public or a recording
				if the electronic notary public has authorized such access or the access to the
				electronic journal or recording is authorized by the Act or this
				Part.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.855 - Availability of Recordings and Documents to Certain Persons and Entities

Current through Register Vol. 48, No. 28, July 12, 2024
The recording made under
				  5 ILCS
				  312/6A-104 of an electronic notarial act performed
				  using audio-video communication may be made available:
a) To the principal for whom the electronic
				notarial act was performed;
b) To
				the Secretary of State;
c) To a law
				enforcement or federal, state, or local governmental agency in the course of an
				enforcement action;
d) Pursuant to
				a court order or subpoena;
e) To
				the electronic notary public who performed the electronic notarial act for any
				purpose listed in subsections (a) through (d), inclusive;
f) To any other person who is authorized by
				the parties to the electronic notarial act to obtain the recording;
				or
g) For any authorized purpose
				and to ensure compliance with the provisions of this Part and Article VI-A of
				the Act governing electronic notarial acts, the employer of an electronic
				notary public who performs an electronic notarial act using audio-video
				communication or the provider whose system was used to perform such an
				electronic notarial act, or both, may access the recording made under
				5 ILCS
				312/6A-104 of the electronic notarial act.
Illinois Administrative Code › Title 14 - COMMERCE › Part 176 - NOTARY PUBLIC RECORDS › Subpart I - ELECTRONIC NOTARIZATIONS › Section 176.860 - Electronic Notarial Acts

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				electronic notary public may perform an electronic notarial act using
				audio-video communication only if the electronic notary public and the
				principal agree to the performance of the electronic notarial act using
				audio-video communication at the outset of the electronic notarization and
				before the identity of the principal has been confirmed.
b) Before performing an electronic notarial
				act using audio-video communication, an electronic notary public must confirm
				that the electronic document that is the subject of the electronic notarial act
				is the same document on which the principal made a statement or executed a
				signature and the identity of the principal. The identity of the principal
				shall be confirmed by:
1) Personal
				knowledge;
2) The oath of a
				credible witness who personally knows the principal and the notary public;
				or
3) Each of the following:
A) Remote presentation by the principal of a
				government-issued identification credential that contains a photograph and the
				signature of the principal;
B)
				Credential analysis of the government-issued credential and the data on the
				credential that complies with
				5 ILCS
				312/6A-103; and
C) A dynamic knowledge-based authentication
				assessment that complies with
				5 ILCS
				312/6A-103 or identity proofing under
				5 ILCS
				312/6A-103.