Regarding the new journal requirements for notary publics, must the person whose signature is being notarized sign the notary’s journal, or is this optional?

These signatures are optional. The individual whose signature is being notarized may sign the notary’s journal, but it is not required, and notaries are prohibited from including electronic signatures in their journals.

A law enacted in 2021 substantially rewrote the Illinois Notary Public Act, including new journal requirements for notaries and standards for electronic notarizations, among other changes. The amendments became effective on June 5, 2023, when the Illinois Secretary of State adopted administrative rules implementing the law’s changes.

The rules set forth eight items of information that must be recorded in each journal entry for a notarial act, such as the name of the principal and each credible witness relied on to verify their identity, the title or a description of the notarized document, the date of the notarization, and more.

The rules also specify optional information that may be included with each entry: “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.”

Additionally, the Illinois Notary Public Act and administrative rules prohibit notaries from including in their journals an “electronic signature of the person for whom an electronic notarial act was performed or any witnesses.”

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.”)

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.”)