Illinois Compiled Statutes
5 ILCS 312/ - Illinois Notary Public Act.
Article III - Duties - Fees - Authority

(5 ILCS 312/Art. III heading)

(5 ILCS 312/3-101) (from Ch. 102, par. 203-101)
(Text of Section before amendment by P.A. 102-160)
Sec. 3-101. Official seal.
(a) Each notary public shall, upon receiving the 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:
(b) (Blank).
(Source: P.A. 100-81, eff. 1-1-18.)
(Text of Section after amendment by P.A. 102-160)
Sec. 3-101. Official seal.
(a) Notary public official seal. Each notary public shall, upon receiving the notary commission from the Secretary of State, obtain an official rubber stamp seal with which the notary shall
authenticate his or her official acts. The rubber stamp seal shall contain the
following 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:
(c) Registered devices. An electronic notary shall register his or her chosen device with the Secretary of State before first use. Thereafter, 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to ensure that any registered device used to create an electronic seal or electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority. 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:
(d) Electronic signature and seal security.
(e) Certificate of electronic notarial act. An electronic notary public shall attach his or her electronic signature and electronic seal with 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) The Secretary of State shall have the authority to adopt administrative rules to implement this Section.
(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)

(5 ILCS 312/3-101.5)
(This Section may contain text from a Public Act with a delayed effective date)
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) The electronic notary public's electronic signature and electronic seal are deemed to be reliable if the following requirements are met:
(c) The electronic notary public shall be prohibited from selling or transferring personal information learned through the course of an electronic notarization, except when required by law, law enforcement, the Secretary of State or court order.
(d) The Secretary of State shall have the authority to adopt administrative rules to implement this Section.

(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)

(5 ILCS 312/3-102) (from Ch. 102, par. 203-102)
Sec. 3-102. Notarial Record; Residential Real Property Transactions.
(a) This Section shall apply to every notarial act in Illinois involving a document of conveyance that transfers or purports to transfer title to residential real property located in Cook County.
(b) As used in this Section, the following terms shall have the meanings ascribed to them:
(c) A notary appointed and commissioned as a notary in Illinois shall, in addition to compliance with other provisions of this Act, create a Notarial Record of each notarial act performed in connection with a Document of Conveyance. The Notarial Record shall contain:
(d) If a notarial act under this Section is performed by a notary who is a principal, employee, or agent of a Title Insurance Company, Title Insurance Agent, Financial Institution, or attorney at law, the notary shall deliver the original Notarial Record to the notary's employer or principal within 14 days after the performance of the notarial act for retention for a period of 7 years as part of the employer's or principal's business records. In the event of a sale or merger of any of the foregoing entities or persons, the successor or assignee of the entity or person shall assume the responsibility to maintain the Notarial Record for the balance of the 7-year business records retention period. Liquidation or other cessation of activities in the ordinary course of business by any of the foregoing entities or persons shall relieve the entity or person from the obligation to maintain Notarial Records after delivery of Notarial Records to the Recorder of Deeds of Cook County, Illinois.
(e) If a notarial act is performed by a notary who is not a principal, employee, or agent of a Title Insurance Company, Title Insurance Agent, Financial Institution, or attorney at law, the notary shall deliver the original Notarial Record within 14 days after the performance of the notarial act to the Recorder of Deeds of Cook County, Illinois for retention for a period of 7 years, accompanied by a filing fee of $5.
(f) The Notarial Record required under subsection (c) of this Section shall be created and maintained for each person whose signature is the subject of a notarial act regarding a Document of Conveyance and shall be in substantially the following form:
NOTARIAL RECORD - RESIDENTIAL REAL PROPERTY TRANSACTIONS

Date Notarized:

Fee: $

The undersigned grantor hereby certifies that the real property identified in this Notarial Record is Residential Real Property as defined in the Illinois Notary Public Act.

Grantor's (Signer's) Printed Name:

Grantor's (Signer's) Signature:

Grantor's (Signer's) Residential Street Address, City, State, and Zip:

Type or Name of Document of Conveyance:

PIN No. of Residential Real Property:

Common Street Address of Residential Real Property:

Thumbprint or Fingerprint:

Description of Means of Identification:

Additional Comments:

Name of Notary Printed:

Notary Phone Number:

Commission Expiration Date:

Residential Street Address of Notary, City, State, and Zip:

Name of Notary's Employer or Principal:

Business Street Address of Notary's Employer or Principal, City, State, and Zip:
(g) No copies of the original Notarial Record may be made or retained by the Notary. The Notary's employer or principal may retain copies of the Notarial Records as part of its business records, subject to applicable privacy and confidentiality standards.
(h) The failure of a notary to comply with the procedure set forth in this Section shall not affect the validity of the Residential Real Property transaction in connection to which the Document of Conveyance is executed, in the absence of fraud.
(i) The Notarial Record or other medium containing the thumbprint or fingerprint required by subsection (c)(6) shall be made available or disclosed only upon receipt of a subpoena duly authorized by a court of competent jurisdiction. Such Notarial Record or other medium shall not be subject to disclosure under the Freedom of Information Act and shall not be made available to any other party, other than a party in succession of interest to the party maintaining the Notarial Record or other medium pursuant to subsection (d) or (e).
(j) In the event there is a breach in the security of a Notarial Record maintained pursuant to subsections (d) and (e) by the Recorder of Deeds of Cook County, Illinois, the Recorder shall notify the person identified as the "signer" in the Notarial Record at the signer's residential street address set forth in the Notarial Record. "Breach" shall mean unauthorized acquisition of the fingerprint data contained in the Notarial Record that compromises the security, confidentiality, or integrity of the fingerprint data maintained by the Recorder. The notification shall be in writing and made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable security, confidentiality, and integrity of the Recorder's data system.
(k) Subsections (a) through (i) shall not apply on and after July 1, 2018.

(Source: P.A. 97-508, eff. 8-23-11; 98-29, eff. 6-21-13.)

(5 ILCS 312/3-103) (from Ch. 102, par. 203-103)
(Text of Section before amendment by P.A. 102-160)
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 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 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, provide any person seeking notary 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 before 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 with a copy of their signed acknowledgment at the time services are rendered. This provision shall not apply to 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 of this State is convicted of 2 or more business offenses 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 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.)
(Text of Section after amendment by P.A. 102-160)
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 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 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 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 business offense involving a violation of this Act, 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. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)

(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)
(Text of Section before amendment by P.A. 102-160)
Sec. 3-104. Maximum fee.
(a) Except as provided in subsection (b) of this Section, the maximum
fee 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:
Fees authorized under this subsection shall not include application fees
required to be submitted with immigration applications.
Any person who violates the provisions of this subsection 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.
(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 (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
action to enforce the provisions of this subsection and maintain an action
for injunctive relief.
(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.)
(Text of Section after amendment by P.A. 102-160)
Sec. 3-104. Maximum fee.
(a) Except as otherwise provided in this subsection (a), the maximum
fee for non-electronic notarization in this State is $5 for any notarial act performed and up to $25 for any notarial act performed pursuant to Section 3-102.
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:
Fees authorized under this subsection shall not include application fees
required to be submitted with immigration applications.
(b) The maximum fee in this State up to $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 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) 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
action to enforce the provisions of this subsection and maintain an action
for injunctive relief.
(e) All notaries public must provide itemized receipts and keep records for fees accepted for services provided. Notarial fees must appear on the itemized receipt as separate and distinct from any other charges assessed. Failure to provide itemized 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. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)

(5 ILCS 312/3-105) (from Ch. 102, par. 203-105)
(Text of Section before amendment by P.A. 102-160)
Sec. 3-105.
Authority.
A notary public shall have authority to perform notarial acts 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.

(Source: P.A. 91-818, eff. 6-13-00.)
(Text of Section after amendment by P.A. 102-160)
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) Except as provided under subsection (c), 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 United States.
(c) Notwithstanding subsection (b), an electronic notary public may perform an electronic notarial act for a remotely located individual outside of the United States if the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States or involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.
(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)

(5 ILCS 312/3-106) (from Ch. 102, par. 203-106)
(Text of Section before amendment by P.A. 102-160)
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, 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.)
(Text of Section after amendment by P.A. 102-160)
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 shall provide a certificate of
authority in substantially the following form:
I ............... (Secretary of State) 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).

(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)

(5 ILCS 312/3-107)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 3-107. Journal.
(a) A notary public or an electronic notary public shall keep a journal of each notarial act or electronic notarial act which includes, without limitation, the requirements set by the Secretary of State in administrative rule, but shall not include any electronic signatures of the person for whom an electronic notarial act was performed or any witnesses.
(b) The Secretary of State shall adopt administrative rules that set forth, at a minimum:
(c) 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.
(d) The fact that the employer or contractor of a notary or electronic notary public 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.
(e) 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 within 10 business days after the discovery of the loss, theft, or breach of security.

(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for effective date of P.A. 102-160).)