In general, we believe that employees performing notarizations at your Illinois locations will have to obtain Illinois notary commissions and may be ineligible for commissions in other states if they reside and work in Illinois. Consequently, such employees must follow the Illinois Notary Public Act and its administrative rules, including the requirement to maintain a journal of all notarizations performed.

A person must be commissioned as a notary public by the Illinois Secretary of State to perform notarial acts in Illinois. The notary must be located in Illinois while performing the notarial act, whether it is in-person, remote, or electronic. Additionally, a notary public commissioned in Illinois must be an Illinois resident and reside in the county in which they were commissioned, unless the notary is appointed as a nonresident of a bordering state with a place of work or business within Illinois. Accordingly, we believe that employees working in Illinois branches and performing notarial acts using their Illinois notary commissions are subject to Illinois law, including the journal requirements in the Illinois Notary Public Act and its administrative rules. 

For resources related to our guidance, please see:

• Illinois Notary Public Act, 5 ILCS 312/2-101 (“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.”)

• Illinois Notary Public Administrative Rules, 14 Ill. Adm. Code 176.120 (“An applicant must be a resident of the State of Illinois pursuant to 5 ILCS 312/2-101 before applying for a notary public or electronic notary public commission, unless applying for a nonresident application or appointment pursuant to 5 ILCS 312/2-101 and Section 176.130.  A notary public or electronic notary public must maintain residency in the State of Illinois during the term of the appointment and must immediately resign the notary public or electronic notary public commission if the notary public’s residency in Illinois ends.”)

• Illinois Notary Public Act, 5 ILCS 312/3-105 (“(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.”)

• Illinois Notary Public Act, 5 ILCS 312/3-105 (“(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.”)

• Illinois Notary Public Act, 5 ILCS 312/1-104 (‘“Notary public’” or “notary” means an individual commissioned to perform notarial acts.”)

• Illinois Notary Public Act, 5 ILCS 312/1-104 (“‘Notarial act’ means an act, whether performed with respect to a tangible or electronic record, that a notary public, a remote notary public, or an electronic notary public may perform under the laws of this State. ‘Notary act’ includes taking an acknowledgment, administering an oath, or affirmation, taking a verification on oath, or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.”)

• 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 176.900(a) (“Every notary public, whether or not also an electronic notary public, must record each notarial act in a journal at the time of notarization to comply with 5 ILCS 312/3-107 and this Subpart J.”)