Current through Register Vol. 48, No. 52, December 27, 2024
a)
A notary public in the State of Illinois may perform a remote notarial act for
remotely located principals under
5 ILCS
312/6-102.5
b) A remotely located principal may comply
with the requirement to appear personally before a remote notary public by
appearing remotely before the remote notary public using audio-video
technology.
c) A remote notary
public has satisfactory evidence of the identity of a remotely located
principal if the remote notary public has personal knowledge of the identity of
the remotely located principal or if the remote notary public has satisfactory
evidence of the identity of the remotely located principal by oath or
affirmation of a credible witness.
1) Personal
Knowledge. A remote notary public has personal knowledge of the identity of the
remotely located principal appearing before the remote notary public if the
remotely located principal is personally known to the remote notary public
through dealings sufficient to provide reasonable certainty that the remotely
located principal has the identity claimed.
2) Credible Witness. To be a credible witness
under Section 6-102.5(a)(3) of the Act, the witness shall have personal
knowledge of the remotely located principal who has made a statement in or
executed a signature on the record that is the subject of the remote notarial
act. The remote notary public must have personal knowledge of the credible
witness or shall have verified the identity of the credible witness. A credible
witness may be a remotely located principal if the remote notary public,
credible witness, and remotely located principal whose statement or signature
is the subject of the notarial act can communicate by using audio-video
technology.
3) Identity
Verification. Remote presentation by a remotely located principal of a
government-issued identification credential that contains a photograph and the
signature of the remotely located principal and otherwise conforms to the
requirements of 5 ILCS
312/6-102.5(a)(3).
d) The recording of a remote notarial act
performed using audio-video communication, as required by this Part, must be
made available upon request to the following persons or entities:
1) To the remotely located principal for whom
the remote notarial act was performed;
2) To the Secretary of State;
3) To a law enforcement or federal, state, or
local governmental agency in the course of an enforcement action or the
performance of any lawful duty;
4)
Pursuant to a court order or subpoena;
5) To the remote notary public who performed
the remote notarial act;
6) To the
employer of the remote notary public to ensure compliance with this Part or the
Act; or
7) To any other person who
is authorized to obtain the recording by the remotely located principal to the
remote notarial act.
