The administrative rules implementing the Illinois Notary Public Act’s new journal requirements provide that a notary must maintain a journal to record each notarial act. Notaries can maintain the journal in a tangible or electronic format, and each entry must contain the following information:

1) The name of the principal;

2) The name of each credible witness relied upon to verify the identity of the principal;

3) The name of any other person that signed for the principal;

4) The title or a description of the document notarized;

5) The date of the notarization;

6) Whether the notarization was conducted in person, remotely, or electronically;

7) The fee charged, if any; and

8) The physical location of the notary and the principal.

Journals maintained in an electronic format must be “designed to prevent the insertion, removal, or substitution of an entry” and “securely stored and recoverable in the case of a hardware or software malfunction.”

The Illinois Secretary of State’s office has advised us that it is very close to certifying vendors offering electronic journals that meet these standards. We recommend periodically checking the Illinois Secretary of State’s Notary Services index for updates on certified vendors.

For more information on best practices, we recommend viewing the IBA’s September 12 webinar on the new Illinois notary requirements, which will cover maintaining notarial journals and include insights from the attorney at the Illinois Secretary of State’s office who helped to draft the new rules.

For resources related to our guidance, please see:

• Illinois Notary Public Act, 5 ILCS 312/3-107(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.”)

• Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.910 (“Journal Requirements

a)   Required Entries.  Each entry shall contain at least the following information:

• 1) The name of the principal;

• 2) The name of each credible witness relied upon to verify the identity of the principal;

• 3) The name of any other person that signed for the principal;

• 4) The title or a description of the document notarized;

• 5) The date of the notarization;

• 6) Whether the notarization was conducted in person, remotely, or electronically;

• 7) The fee charged, if any; and

• 8) The physical location of the notary and the principal.

b)   Optional Entries.  In addition to the entries required under 5 ILCS 312/3-107 of the Act and this Part, a journal may contain the signature of the individual for whom the notarial act is performed and any additional information about a specific transaction that might assist the notary public to recall the transaction.

c)   Prohibited Entries.  A notary public must not record in the notary’s journal the following:

• 1) An identification number that was assigned by a governmental agency or by the United States to the principal that is set forth on the identification card or passport presented as identification;

• 2) Any other number that could be used to identify the principal of the document;

• 3) A biometric identifier, including a fingerprint, voice print, or retina image of the principal;

• 4) An individual’s first name or first initial and last name in combination with and linked to any one or more of the following data elements when the data elements are not encrypted or redacted:
•  
  • A) Social Security number;​

• • B) Driver’s license number or a State identification card number; or

• • C) Financial account information; and

• 5) An electronic signature of the person for whom an electronic notarial act was performed or any witnesses. [5 ILCS 312/3-107]

d)   Inadvertent or Accidental Entries. A notary public who inadvertently records information prohibited under subsection (c) must redact such information before providing public access to or copies of the journal.

e)   Fees. Each notarial fee charged should correspond to the notarial act performed.  If a fee is waived or not charged, the notary public shall indicate so in the journal entry using notarizations such as “n/c”, “0” (zero), or ” − ” (dash).  Clerical and administrative fees, if charged, shall be separately itemized in the journal.

f)    Address. For journal entries, address means the city and state only.

g)   Transitional Provision. A notary public who holds a commission on July 1, 2023, may continue to use the notary public’s journal until the completion of that journal or the expiration of that commission, whichever may occur first.”)

• Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.920 (“Form and Content of Journals Maintained on a Tangible Medium . . .”)

• Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.930 (“Form and Content of an Electronic Notarial Journal

a) A journal maintained in electronic format may be in any form that complies with this Section and the entry requirements in Section 176.910.

b) A journal maintained in an electronic format must be designed to prevent the insertion, removal, or substitution of an entry.

c) A journal maintained in an electronic format must be securely stored and recoverable in the case of a hardware or software malfunction.

d) Entries from the notarial journal must be available upon request by the Secretary of State in a PDF format.

e) The journal of a notary public shall remain within the exclusive control of the notary public at all times.

f) A notary public who performs multiple notarizations for the same principal within a single transaction may abbreviate the entry of those notarizations in the notary journal after first including all of the information required by the Act. The abbreviated entry must indicate the type of transaction and the number of documents notarized as part of that single transaction.”)