Current through Register Vol. 48, No. 38, September 20, 2024
a) Applications for
a traditional notary public commission. All individuals applying for a
traditional notary public commission shall use the application prescribed by
the Secretary of State and shall include, at a minimum, the
information required by
5 ILCS
312/2-102.
b) Remote notarization. Any notary
appointed under subsection (a) shall have the authority to conduct remote
notarizations. [5 ILCS
312/2-102(b)]
c) Application for electronic notary public
commission. An application for an electronic notary public commission
must be filed with the Secretary of State as required by this Subpart
D [5 ILCS
312/2-102(c)] . In addition, an
applicant for an electronic notary public commission must provide the
following:
1) The notary public commission
number assigned to the person by the Secretary of State, unless the applicant
is applying for the notary public commission and electronic notary public
commission at the same time under
5 ILCS
312/2-101(c);
2) The names of all electronic notarization
system providers that the applicant intends to use to perform electronic
notarial acts;
3) A copy of the
electronic signature of the person that is:
A)
an exact representation of the handwritten signature of the person already on
file or currently being filed with the Secretary of State; and
B) in a format that can be read without
additional software and be compared for authentication purposes to the person's
handwritten signature on file or being filed with the
Secretary;
4) A statement
certifying that the applicant:
A) Will comply
with the standards set forth by Section
176.835 relating to identity
proofing and credential analysis;
B) Will use a third-party provider who has
been certified to act as an electronic notarization system provider in the
State of Illinois by the Secretary; and
C) Will, upon request by the Secretary,
promptly provide any necessary instructions or techniques supplied by a
provider that will allow the electronic notary public's digital certificate and
electronic seal to be read and authenticated.
5) A disclosure of all disciplinary actions,
convictions, or administrative actions taken against the applicant;
6) A certificate or other proof of successful
completion of the course of study required under
5 ILCS
312/2-101.5(a), which indicates successful completion
of the course within the 2 years preceding the submission of the application
for an electronic notary public commission; and
7) A statement certifying that the person
will comply with the applicable provisions of the Act, including Article
VI-A.
d) A person may not
perform an electronic notarial act, unless:
1)
The Secretary has approved the applicant's application for an electronic notary
public commission; and
2) The
Secretary has approved the registration of the proposed electronic notarization
system provider.
e)
Incomplete applications. If an application for appointment as a notary public
or electronic notary public is incomplete, the Secretary of State will retain
the application for at least 1 year from the date of receipt of the
application. If the applicant does not complete the application within 1 year
from the date of receipt of the application, the Secretary of State may deny
the application and mail a notice of denial to the applicant.
f) Assignment of Commission Number.
1) The Secretary of State will assign a
unique commission number to each original commission certificate. The
commission number, which will be used to identify the notary public whose name
appears on the commission certificate, must remain assigned to the notary
public throughout the period of the appointment and must be included on each
duplicate or amended commission certificate issued to the notary public by the
Secretary of State.
2) If a notary
public applies for a subsequent period of appointment, a new number must be
assigned.
3) A notary public that
is also commissioned as an electronic notary public will have the same
commission number for both commissions.
g) After an application for an electronic
notary public commission has been approved, the electronic notary public will
be required to notify the Office of the Secretary of State, on a form
designated by the Secretary, if the electronic notary public elects to add any
other electronic notary system provider.