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Appointment Provisions

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(5 ILCS 312/Art. II heading)

ARTICLE II APPOINTMENT PROVISIONS

(5 ILCS 312/2-101) (from Ch. 102, par. 202-101)

(Text of Section before amendment by P.A. 102-160)

Sec. 2-101. Appointment. The Secretary of State may appoint and commission as notaries public for a 4-year term as many persons resident in a county in this State as he deems necessary. The Secretary of State may appoint and commission as notaries public for a one-year term as many persons who are residents of a state bordering Illinois whose place of work or business is within a county in this State as the Secretary deems necessary, but only if the laws of that state authorize residents of Illinois to be appointed and commissioned as notaries public in that state.

(Source: P.A. 91-818, eff. 6-13-00.)

(Text of Section after amendment by P.A. 102-160)

Sec. 2-101. Appointment.

(a) The Secretary of State may appoint and commission as notaries public for a 4-year term as many persons resident in a county in this State as he deems necessary. The Secretary of State may appoint and commission as notaries public for a one-year term as many persons who are residents of a state bordering Illinois whose place of work or business is within a county in this State as the Secretary deems necessary, but only if the laws of that state authorize residents of Illinois to be appointed and commissioned as notaries public in that state.

(b) A notary public commissioned in this State may apply for an electronic notary public commission to perform electronic notarial acts with the name that appears on the notary's commission.

(c) An individual may apply for a notary public commission and apply for an electronic notary public commission at the same time.

(d) Any notary or electronic notary appointed by the Secretary of State may elect not to perform a notarial act or an electronic notarial act for any reason.

(e) The commission of a notary public and an electronic notary public shall have the same term pursuant to subsection (a).

(f) The electronic notary public commission of a notary public is suspended by operation of law when the notary public is no longer appointed and commissioned as a notary public in this State under this Act. If the commission of the notary public has been revoked or suspended, the Secretary of State shall immediately notify the notary public in writing that his or her commission as a notary public and as an electronic notary public will be suspended by operation of law until he or she is reappointed.

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

(5 ILCS 312/2-101.5)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2-101.5. Course of study and examination.

(a) Applicants applying for the first time as a notary public or as an electronic notary public or applying to renew his or her appointment as a notary public or as an electronic notary public shall:

(1) complete any course of study on notarization and electronic notarization that is required by the Secretary of State; and
(2) pass an examination at the completion of the course.

(b) The Secretary of State shall have the authority to adopt administrative rules mandating a course of study and examination and establishing the course of study content, length of the course of study to be required, and to approve any course of study providers.

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

(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)

(Text of Section before amendment by P.A. 102-160)

Sec. 2-102. Application. Every applicant for appointment and commission as a notary shall complete an application in a format prescribed by the Secretary of State to be filed with the Secretary of State, stating:

(a) the applicant's official name, as it appears on his or her current driver's license or state-issued identification card;
(b) the county in which the applicant resides or, if the applicant is a resident of a state bordering Illinois, the county in Illinois in which that person's principal place of work or principal place of business is located;
(c) the applicant's residence address, as it appears on his or her current driver's license or state-issued identification card;
(c-5) the applicant's business address if different than the applicant's residence address, if performing notarial acts constitutes any portion of the applicant's job duties;
(d) that the applicant has resided in the State of Illinois for 30 days preceding the application or that the applicant who is a resident of a state bordering Illinois has worked or maintained a business in Illinois for 30 days preceding the application;
(e) that the applicant is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States;
(f) the applicant's date of birth;
(g) that the applicant is able to read and write the English language;
(h) that the applicant has never been the holder of a notary public appointment that was revoked or suspended during the past 10 years;
(i) that the applicant has not been convicted of a felony;
(i-5) that the applicant's signature authorizes the Office of the Secretary of State to conduct a verification to confirm the information provided in the application, including a criminal background check of the applicant, if necessary; and
(j) any other information the Secretary of State deems necessary. (Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)

(Text of Section after amendment by P.A. 102-160)

Sec. 2-102. Application.

(a) Application for notary public commission. Every applicant for appointment and commission as a notary shall complete an application in a format prescribed by the Secretary of State to be filed with the Secretary of State, stating:

(1) the applicant's official name, as it appears on his or her current driver's license or state-issued identification card;
(2) the county in which the applicant resides or, if the applicant is a resident of a state bordering Illinois, the county in Illinois in which that person's principal place of work or principal place of business is located;
(3) the applicant's residence address, as it appears on his or her current driver's license or state-issued identification card;
(4) the applicant's e-mail address;
(5) the applicant's business address if different than the applicant's residence address, if performing notarial acts constitutes any portion of the applicant's job duties;
(6) that the applicant has resided in the State of Illinois for 30 days preceding the application or that the applicant who is a resident of a state bordering Illinois has worked or maintained a business in Illinois for 30 days preceding the application;
(7) that the applicant is a citizen of the United States or lawfully admitted for permanent residence in the United States;
(8) the applicant's date of birth;
(9) that the applicant is proficient in the the English language;
(10) that the applicant has not had a prior application or commission revoked due to a finding or decision by the Secretary of State;
(11) that the applicant has not been convicted of a felony;
(12) that the applicant's signature authorizes the Office of the Secretary of State to conduct a verification to confirm the information provided in the application, including a criminal background check of the applicant, if necessary;
(13) that the applicant has provided satisfactory proof to the Secretary of State that the applicant has successfully completed any required course of study on notarization; and
(14) any other information the Secretary of State deems necessary.

(b) Any notary appointed under subsection (a) shall have the authority to conduct remote notarizations.

(c) Application for electronic notary public commission. An application for an electronic notary public commission must be filed with the Secretary of State in a manner prescribed by the Secretary of State. Every applicant for appointment and commission as an electronic notary public shall complete an application to be filed with the Secretary of State, stating:

(1) all information required to be included in an application for appointment as an electronic notary public, as provided under subsection (a);
(2) that the applicant is commissioned as a notary public under this Act;
(3) the applicant's email address;
(4) that the applicant has provided satisfactory proof to the Secretary of State that the applicant has successfully completed any required course of study on electronic notarization and passed a qualifying examination;
(5) a description of the technology or device that the applicant intends to use to create his or her electronic signature in performing electronic notarial acts;
(6) the electronic signature of the applicant; and
(7) any other information the Secretary of State deems necessary.

(d) Electronic notarial acts. Before an electronic notary public performs an electronic notarial act using audio-video communication, he or she must be granted an electronic notary public commission by the Secretary of State under this Section, and identify the technology that the electronic notary public intends to use, which must be approved by the Secretary of State.

(e) Approval of commission. Upon the applicant's fulfillment of the requirements for a notarial commission or an electronic notary public commission, the Secretary of State shall approve the commission and issue to the applicant a unique commission number.

(f) Rejection of application. The Secretary of State may reject an application for a notarial commission or an electronic notary public commission if the applicant fails to comply with any Section of this Act.

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

(5 ILCS 312/2-102.5)

(Text of Section before amendment by P.A. 102-160)

Sec. 2-102.5. Online notary public application system.

(a) The Secretary of State may establish and maintain an online application system that permits an Illinois resident to apply for appointment and commission as a notary public.

(b) Any such online notary public application system shall employ security measures to ensure the accuracy and integrity of notary public applications submitted electronically under this Section.

(c) The Secretary of State may cross reference information provided by applicants with that contained in the Secretary of State's driver's license and Illinois Identification Card databases in order to match the information submitted by applicants, and may receive from those databases the applicant's digitized signature upon a successful match of the applicant's information with that information contained in the databases.

(d) An online notary public application shall contain all of the information that is required for a paper application as provided in Section 2-102 of this Act. The applicant shall also be required to provide:

(1) the applicant's full Illinois driver's license or Illinois Identification Card number;
(2) the date of issuance of the Illinois driver's license or Illinois Identification Card; and
(3) the applicant's e-mail address for notices to be provided under this Section.

(e) For his or her application to be accepted, the applicant shall mark the box associated with the following statement included as part of the online notary public application: "By clicking on the box below, I swear or affirm all of the following:

(1) I am the person whose name and identifying information is provided on this form, and I desire to be appointed and commissioned as a notary public in the State of Illinois.
(2) All the information I have provided on this form is true and correct as of the date I am submitting this form.
(3) I authorize the Secretary of State to utilize my signature on file with the Secretary of State driver's license and Illinois Identification Card databases and understand that such signature will be used on this online notary public application for appointment and commission as a notary public as if I had signed this form personally."

(f) Immediately upon receiving a completed online notary public application, the online system shall send by electronic mail a confirmation notice that the application has been received. Upon completion of the procedure outlined in subsection (c) of this Section, the online notary public application system shall send by electronic mail a notice informing the applicant of whether the following information has been matched with the Secretary of State driver's license and Illinois Identification Card databases:

(1) that the applicant has an authentic Illinois driver's license or Illinois Identification Card issued by the Secretary of State and that the driver's license or Illinois Identification Card number provided by the applicant matches the driver's license or Illinois Identification Card number for that person on file with the Secretary of State;
(2) that the date of issuance of the Illinois driver's license or Illinois Identification Card listed on the application matches the date of issuance of that license or card for that person on file with the Secretary of State;
(3) that the date of birth provided by the applicant matches the date of birth for that person on file with the Secretary of State; and
(4) that the residence address provided by the applicant matches the residence address for that person on file with the Secretary of State.

(g) If the information provided by the applicant matches all of the criteria identified in subsection (f) of this Section, the online notary public application system shall retrieve from the Secretary of State's database files an electronic copy of the applicant's signature from his or her Illinois driver's license or Illinois Identification Card and such signature shall be deemed to be the applicant's signature on his or her online notary public application.

(Source: P.A. 99-112, eff. 1-1-16.)

(Text of Section after amendment by P.A. 102-160)

Sec. 2-102.5. Online application system.

(a) The Secretary of State may establish and maintain an online application system that permits an Illinois resident to apply for appointment and commission as a notary public or electronic notary public.

(b) Any such online application system shall employ security measures to ensure the accuracy and integrity of notary public applications submitted electronically under this Section.

(d) An online application shall contain all of the information that is required for a paper application as provided in Section 2-102 of this Act. The applicant shall also be required to provide:

(1) the applicant's full Illinois driver's license or Illinois Identification Card number;
(2) the date of issuance of the Illinois driver's license or Illinois Identification Card; and
(3) the applicant's e-mail address for notices to be provided under this Section.

(e) For his or her application to be accepted, the applicant shall mark the box associated with the following statement included as part of the online application: "By clicking on the box below, I swear or affirm all of the following:

(1) I am the person whose name and identifying information is provided on this form, and I desire to be appointed and commissioned as a notary public in the State of Illinois.
(2) All the information I have provided on this form is true and correct as of the date I am submitting this form.
(3) I authorize the Secretary of State to utilize my signature on file with the Secretary of State driver's license and Illinois Identification Card databases and understand that such signature will be used on this online application for appointment and commission as a notary public or electronic notary as if I had signed this form personally.
(4) I authorize the Secretary of State to utilize my signature to conduct a verification to confirm the information provided in the application, including a criminal background check, if necessary."

(f) Immediately upon receiving a completed online application, the online system shall send by electronic mail a confirmation notice that the application has been received. Upon completion of the procedure outlined in subsection (c) of this Section, the online application system shall send by electronic mail a notice informing the applicant of whether the following information has been matched with the Secretary of State driver's license and Illinois Identification Card databases:

(1) that the applicant has an authentic Illinois driver's license or Illinois Identification Card issued by the Secretary of State and that the driver's license or Illinois Identification Card number provided by the applicant matches the driver's license or Illinois Identification Card number for that person on file with the Secretary of State;
(2) that the date of issuance of the Illinois driver's license or Illinois Identification Card listed on the application matches the date of issuance of that license or card for that person on file with the Secretary of State;
(3) that the date of birth provided by the applicant matches the date of birth for that person on file with the Secretary of State;
(4) that the residence address provided by the applicant matches the residence address for that person on file with the Secretary of State; and
(5) the last 4 digits of the applicant's social security number.

(g) If the information provided by the applicant matches all of the criteria identified in subsection (f) of this Section, the online application system shall retrieve from the Secretary of State's database files an electronic copy of the applicant's signature from his or her Illinois driver's license or Illinois Identification Card and such signature shall be deemed to be the applicant's signature on his or her online application.

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

(5 ILCS 312/2-102.6)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2-102.6. Database of notaries public. The Secretary of State may maintain a database of notaries public on a publicly-accessible website which: (1) any interested person may use to verify the authority and good standing of a listed individual to perform notarial acts; (2) indicates whether a notary holds a valid electronic commission and is able to lawfully perform electronic notarial acts; and (3) describes any administrative or disciplinary action taken against the notary by the 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 312/2-102.7)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 2-102.7. Registration of electronic notarization technology.

(a) Notaries holding an electronic notary public commission shall register the capability to notarize electronically before performing any electronic notarial acts with the Secretary of State. The registration shall be made with the Secretary of State every time an electronic notary public adopts a new or additional technology with which to perform electronic notarial acts and the technology or vendor must first be approved by the Secretary of State.

(b) Prior to any electronic notarial acts being performed in this State, the vendor of electronic notarization technology must submit the technology to the Secretary of State and receive approval by the Secretary of State for use in this State.

(c) The Secretary of State shall adopt rules applicable to this Section, setting forth the standards electronic notary platforms must achieve to be approved for use in the State of Illinois and requirements with which vendors of electronic notary platforms must comply.

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

(5 ILCS 312/2-103) (from Ch. 102, par. 202-103)

(Text of Section before amendment by P.A. 102-160)

Sec. 2-103. Appointment fee. Every applicant for appointment and commission as a notary public shall pay to the Secretary of State a fee of $10.

(Source: P.A. 85-1396.)

(Text of Section after amendment by P.A. 102-160)

Sec. 2-103. Appointment fee.

(a) Every applicant for appointment and commission as a notary public shall pay to the Secretary of State a fee of $15. Ten dollars from each applicant fee shall be deposited in the General Revenue Fund. Five dollars from each applicant fee shall be deposited in the Electronic Notarization Fund.

(b) Every applicant for a commission as an electronic notary public shall pay to the Secretary of State a fee of $25. This fee is in addition to the fee proscribed for a commission as a notary public and shall be deposited in the Electronic Notarization Fund.

(c) The changes made to this Section by this amendatory Act of the 102nd General Assembly are effective on and after July 1, 2022.

(Source: P.A. 102-160, eff. 7-1-22.)

(5 ILCS 312/2-104) (from Ch. 102, par. 202-104)

(Text of Section before amendment by P.A. 102-160)

Sec. 2-104. Oath.

(a) Every applicant for appointment and commission as a notary public shall take the following oath:

"I, (name of applicant), solemnly affirm, under the penalty of perjury, that the answers to all questions in this application are true, complete, and correct; that I have carefully read the notary law of this State; and that, if appointed and commissioned as a notary public, I will perform faithfully, to the best of my ability, all notarial acts in accordance with the law.".

(b) In the event that the applicant completes a paper application for appointment and commission as a notary public, he or she shall take the oath in the presence of a person qualified to administer an oath in this State. The printed oath shall be followed by the signature of the applicant and notarized as follows:

" ................. (Signature of applicant)

Subscribed and affirmed before me on (insert date).

................... (Official signature and official seal of notary)".

(c) In the event that the applicant completes an online application for appointment and commission as a notary public, he or she shall affirm the oath electronically. An electronic affirmation of the oath in the online notary public application system shall have the same force and effect as an oath sworn and affirmed in person.

(Source: P.A. 99-112, eff. 1-1-16.)

(Text of Section after amendment by P.A. 102-160)

Sec. 2-104. Oath.

(a) Every applicant for appointment and commission as a notary public shall take the following oath:

" ................. (Signature of applicant)

State of Illinois

County of (name of county where the notarization is completed)

Subscribed and affirmed before me on (insert date) by (name of person who signature is being notarized).

................... (Official signature and official seal of notary)".

(c) In the event that the applicant completes an online application for appointment and commission as a notary public, he or she shall affirm the oath electronically. An electronic affirmation of the oath in the online application system shall have the same force and effect as an oath sworn and affirmed in person.

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

(5 ILCS 312/2-105) (from Ch. 102, par. 202-105)

(Text of Section before amendment by P.A. 102-160)

Sec. 2-105. Bond. Every application for appointment and commission as a notary public shall be accompanied by an executed bond commencing on the date of the appointment with a term of 4 years, in the sum of $5,000, with, as surety thereon, a company qualified to write surety bonds in this State. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this Act. The Secretary of State may prescribe an official bond form.

(Source: P.A. 84-322.)

(Text of Section after amendment by P.A. 102-160)

Sec. 2-105. Bond.

(a) Every application for appointment and commission as a notary public shall be accompanied by or logically associated with an executed bond commencing on the date of the appointment with a term of 4 years, in the sum of $5,000, with, as surety thereon, a company qualified to write surety bonds in this State. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this Act. The Secretary of State may prescribe an official bond form.

(b) A notary public that performs notarizations either remotely or electronically and by means of audio-video communication shall obtain and maintain a surety bond in the amount of $25,000 from a surety or insurance company licensed to do business in this State, and this bond shall be exclusively conditioned on the faithful performance of remote notarial acts or electronic notarial acts by means of audio-video communication. When a notary is required to hold both the $5,000 bond and the $25,000 bond, one bond totaling $30,000 shall satisfy the provisions of this Section.

(c) The bonding company issuing the bond to a notary public or an electronic notary public shall submit verification of the bond information for the notary to the Secretary of State in a format prescribed by the 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 312/2-106) (from Ch. 102, par. 202-106)

(Section scheduled to be repealed on July 1, 2022)

Sec. 2-106. Appointment recorded by county clerk. The appointment of the applicant as a notary public is complete when the commission is recorded with the county clerk.

The Secretary of State shall forward the applicant's commission to the county clerk of the county in which the applicant resides or, if the applicant is a resident of a state bordering Illinois, the county in Illinois in which the applicant's principal place of work or principal place of business is located. Upon receipt thereof, the county clerk shall notify the applicant of the action taken by the Secretary of State, and the applicant shall either appear at the county clerk's office to record the same and receive the commission or request by mail to have the commission sent to the applicant with a specimen signature of the applicant attached to the request. The applicant shall have a record of the appointment, and the time when the commission will expire, entered in the records of the office of the county clerk. When the applicant appears before the county clerk, the applicant shall pay a fee of $5, at which time the county clerk shall then deliver the commission to the applicant.

If the appointment is completed by mail, the applicant shall pay the county clerk a fee of $10.00, which shall be submitted with the request to the county clerk. The county clerk shall then record the appointment and send the commission by mail to the applicant.

If an applicant does not respond to the notification by the county clerk within 30 days, the county clerk shall again notify the applicant that the county clerk has received the applicant's notary public commission issued by the Secretary of State. The second notice shall be in substantially the following form:

"The records of this office indicate that you have not picked up your notary public commission from the Office of the County Clerk.

The Illinois Notary Public Law requires you to appear in person in the clerk's office, record your commission, and pay a fee of $5.00 to the county clerk or request that your commission be mailed to you. This request must be accompanied by a specimen of your signature and a $10.00 fee payable to the county clerk.

Your appointment as a notary is not complete until the commission is recorded with the county clerk. Furthermore, if you do not make arrangements with the clerk for recording and delivery of your commission within 30 days from the date of this letter, the county clerk will return your commission to the Secretary of State. Your commission will be cancelled and your name will be removed from the list of notaries in the State of Illinois.

I should also like to remind you that any person who attests to any document as a notary and is not a notary in good standing with the Office of the Secretary of State is guilty of official misconduct and may be subject to a fine or imprisonment.".

The Secretary of State shall cancel the appointment of all notaries whose commissions are returned to his office by the county clerks. No application fee will be refunded and no bonding company is required to issue a refund when an appointment is cancelled.

(Source: P.A. 100-201, eff. 8-18-17. Repealed by P.A. 102-160, eff. 7-1-22.)

(5 ILCS 312/2-107)

(Text of Section before amendment by P.A. 102-160)

Sec. 2-107. Notary public remittance agent.

(a) Every company, corporation, association, organization, or person that remits notary public applications to the Secretary of State on behalf of applicants for appointment and commission as a notary public, for compensation or otherwise, shall comply with standards to qualify for licensure as a notary public remittance agent.

(b) The standards to qualify for licensure as a notary public remittance agent shall include, but not be limited to, the following:

(1) the applicant has not been the subject of any administrative citation, criminal complaint, or civil action arising from his or her duties as a notary public remittance agent;
(2) the agent holds a surety bond in the amount of $20,000 for the purposes of acting as a remittance agent; and
(3) the agent complies with all requirements set forth by the Secretary of State for the submission of the notary public applications.

(Source: P.A. 101-366, eff. 1-1-20.)

(Text of Section after amendment by P.A. 102-160)

Sec. 2-107. Notary public remittance agent.

(b) The Secretary of State shall adopt rules describing the requirements for a notary public remittance agent to be licensed in the State of Illinois.

(c) A notary public remittance agent submitting an application on behalf of an applicant for appointment and commission as a notary public shall remit the application and fee provided by the applicant within 30 days after receiving the application and fee from the applicant.

(d) The agent shall not modify a notary's application information in any way prior to submitting the application information to the Secretary of State.

(e) The agent shall not issue a notary seal or notary stamp to the notary applicant until sufficient evidence has been received that the notary applicant has received a commission from the Secretary of State.

(f) Any violation of this Act, including this Section, may result in an administrative citation, criminal complaint, or civil action arising from his or her duties as a notary public or notary public remittance agent.

(g) The provisions of this Section do not apply to units of government or private businesses that are making applications, and providing application fees for their employees.

(h) The Secretary of State shall adopt rules applicable to this Section.

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

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