Topic: Notaries Public
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We are an Iowa bank that has locations in Illinois. Should our locations in Illinois follow Illinois law for notarizations, including the requirement to maintain a journal of all notarizations performed?
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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…
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Our bank employees provide notary services for customers and non-customers. Do the new notary public rules indicate whether banks can limit the types of notarial services they provide? Can our notaries decline to perform certain notarial acts, such as administering oaths or affirmations, or would we need to adopt policies and procedures reflecting the types of notarial acts our employees will perform?
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Yes, we believe your notaries may elect not to perform oaths or affirmations. The Illinois Notary Public Act provides that 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.” As a best practice, you may wish to…
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What equipment will we need to perform electronic notarizations under the new Illinois Notary Public Act rules? Also, how should we maintain the required notary journals?
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Electronic Notarization Equipment Electronic notaries in Illinois will need access to a computer or similar device that enables you to perform electronic notarizations through audio-video communication (i.e., the device must have at least a working camera, microphone, and internet connection). Your device also must enable you to run any software required by your electronic notarization…
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What are some best practices regarding the new notary public journal requirements? What needs to be logged in the journal, and can the journal be in electronic form?
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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…
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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?
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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,…
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Has the rule requiring fingerprinting for notarized signatures recently changed? I heard that new rules were going into effect in January.
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The recent Illinois Notary Public Act administrative rules, which became effective on June 5, include two changes related to protecting any biometric data saved in the fingerprinting process, but the rules do not make other substantive changes related to fingerprinting for notarized signatures. A law enacted in 2021 substantially rewrote the Illinois Notary Public Act.…
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Revisions of the Illinois Notary Public Act recently went into effect, including a provision that prohibits non-attorney notaries from explaining, certifying, or verifying the contents of any document for which they notarize a signature. Would this prohibit a mortgage loan originator from describing loan documents to a borrower at a loan closing and also notarizing the borrower’s signature on the loan documents?
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Based on information we received from the Illinois Secretary of State’s Office, we believe that a mortgage loan originator may explain loan documents to a borrower and notarize the borrower’s signature on the same documents. The Illinois Notary Public Act now provides that “no notary public shall be authorized to explain, certify, or verify the…
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Regarding the Illinois Notary Public Act’s new journal requirements, can all notaries at a bank share a journal? Can we use an Excel spreadsheet for the journal?
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No, each notary public commissioned in Illinois must maintain their own notarial journal under their exclusive control. Also, we do not believe that an Excel spreadsheet would meet the Illinois Secretary of State’s requirements for an electronic journal. The Illinois Secretary of State recently finalized administrative rules implementing changes to the Illinois Notary Public Act…
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We are aware that there are new journal and training requirements for notaries that were enacted over a year ago but will not go into effect until the Illinois Secretary of State finalizes administrative rules implementing the new requirements. Do you have any information as to when these new requirements will be released and become effective?
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A law enacted in 2021 substantially rewrote the Illinois Notary Public Act, which includes new journal and examination requirements for notaries, in addition to authority for remote and electronic notarizations. You are correct that these changes will not take effect until the Illinois Secretary of State’s proposed administrative rules are finalized. We do not know…