Bulletin: IL2023003

Dear Associates:

The Illinois Secretary of State adopted the Notary Public Records Administrative Rules on June 5, 2023. These rules make Public Act 102-0160 effective and provide guidance for Illinois notaries moving forward. The Secretary of State's office has indicated that they are in the process of updating their forms and website. To review a copy of the rules, please follow this link: 14-176CD-A (003).docx (mcusercontent.com)

Important changes to note under the Administrative Rules:

• Beginning July 1, 2023, every notary must record each notarial act in a journal at the time of the notarization. This is for both traditional and electronic notaries. Notaries employed by an attorney or law firm are not required to keep a journal of notarizations performed during the notary’s employment if the attorney or law firm maintains a copy of the documents notarized. Please carefully review the Administrative Rules, 14 ILAC 176.900- 176.960 for journal requirements and prohibited entries.
  
  
• As of January 1, 2024, applicants seeking a commission (including a renewal) as either a notary public or an electronic notary public must first successfully complete a course of study and acquire a passing score on the examination. The applicant will have 2 years from the date of the examination to apply for a notary public or electronic notary public commission. Once the course of study and examination have been successfully completed, it will remain valid for the duration of the notary's four-year commission. The IL SOS will post a list of approved course providers on their website.
   
• Every notary public applicant must obtain a bond. The amount of bond varies based on the type of notarizations being performed. Notary publics performing traditional in-person notarizations are required to have a $5,000 bond. Notary publics performing remote notarization or electronic notarizations are required to have a $30,000 bond.

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