Disclaimer: The Electronic Commerce Security Act (ECSA) was repealed and replaced with the Uniform Electronic Transaction Act (UETA), effective June 25, 2021. Please note that this change may affect the continued accuracy of this guidance as it pertains to the ECSA.

On June 12, 2020, the Electronic Commerce Security Act was amended to authorize remote witnessing and notarizations, codifying Executive Order 2020-14. The statute provides that, “effective March 26, 2020 and ending 30 days after expiration of the Governor's emergency declaration regarding COVID-19, a notarial act or an act of witnessing, including when a person must ‘appear before’, act ‘in the presence of’, or any variation thereof, may be performed through means of two-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness and the notary public.”

For resources related to our guidance, please see:

• Electronic Commerce Security Act, 5 ILCS 175/95-20(a) (“The purpose of this Section is to give statutory approval to the notary and witness guidelines provided in State of Illinois Executive Order 2020-14.”)

• Electronic Commerce Security Act, 5 ILCS 175/95-20(b) (“Notwithstanding any provision of law, rule, or regulation, effective March 26, 2020 and ending 30 days after expiration of the Governor's emergency declaration regarding COVID-19, a notarial act or an act of witnessing, including when a person must “appear before”, act “in the presence of”, or any variation thereof, may be performed through means of two-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness and the notary public.”)