Illinois Administrative Code

Section 176.350 Reappointment a) A current notary public and a current electronic notary public may apply for reappointment 60 days before an existing commission expires. The date of the new commission will be the date immediately after the expiration date of the current commissi…

Section 176.400 Definitions For purposes of this Subpart, the following definitions apply: "Applicant" means a person requesting that a remittance agent license be issued in the applicant’s name or the name of a business entity the applicant controls. "Department" means the Secre…

Section 176.410 Application for Remittance Agent’s License and Renewal a) If a person wishes to become a remittance agent, an application and bond as described in subsection (c) must be filed with the Office of the Secretary of State in accordance with subsection (e). b) The appl…

Section 176.420 Denial of Application for Remittance Agent’s License a) Pursuant to 5 ILCS 312/2-107, the Department will deny an application for a remittance agent’s license unless the applicant complies with that Section. If a person’s application is denied, the person will be …

Section 176.430 Suspension and Revocation of Remittance Agent’s License a) The Department shall suspend a remittance agent’s license under the following circumstances: 1) the licensee fails to keep records detailing transactions with the Secretary of State; 2) the licensee fails …

Section 176.440 Processing Transactions a) All applications for notary public or electronic notary public commissions submitted to the Department by persons acting as remittance agents must be submitted electronically or by regular mail. b) All transactions must be submitted to t…

Section 176.450 Recordkeeping Requirements a) Each person licensed as a remittance agent as defined in 5 ILCS 312/2-107 must maintain for three years a record of each transaction. b) The records must be maintained in ledger form or be computerized. All records should be available…

Section 176.460 Severability Clause If any clause or Section of this Part or the application of any provision of this Part to any person or circumstance is rendered unconstitutional, the remainder of this Part or its application to other persons and circumstances shall not be aff…

Section 176.500 Use of Official Seal and Electronic Seal a) A notary public must use the notary public’s official seal, affixed using a rubber stamp, to perform a notarial act. An electronic notary public must use the electronic notary public's electronic seal, affixed using a me…

Section 176.510 Acquiring the Official Seal and the Electronic Seal a) A notary public may purchase an official seal, and an electronic notary public may purchase an electronic seal, only after receiving a commission certificate from the Department under Section 176.550(a), and p…

Section 176.520 Description of the Official Seal and Electronic Seal a) The reasonably legible imprint of an official seal of a notary public must contain: 1) A serrated or milled edge border in a rectangular form not more than one inch in height by two and one-half inches in len…

Section 176.530 Replacement of Lost, Compromised, Destroyed, or Stolen Official Seal or Electronic Seal a) When a physical official seal is lost or stolen, the notary public must notify the Department in writing the next business day after discovering the seal was lost or stolen.…

Section 176.540 Notary Public and Electronic Notary Public Fees a) A notary public or electronic notary public may charge the fees prescribed in 5 ILCS 312/3-104. b) Neither a notary public nor an electronic notary public is required to charge a fee. A notary public or electronic…

Section 176.550 Commission Certificate a) Upon appointment as a notary public or electronic notary public, the Secretary of State shall send a commission certificate to the person appointed as a notary public or electronic notary public, with which the person appointed may obtain…

Section 176.600 Notarial Certificates a) Minimum requirements. For a notarial certificate to be sufficient, it must contain the information required under 5 ILCS 312/6-103. b) Additional Information. A notarial certificate may contain additional or other information as may be req…

Section 176.610 Persons Physically Unable to Sign Documents a) If a person cannot physically sign a document that is presented to a notary public and directs a person other than the notary to sign the person’s name on the document, both the person who cannot physically sign the d…

Section 176.700 Standards for Remote Notarial Acts Using Audio-Video Communication a) Pursuant to Section 3-107 of the Act, a notary performing a remote notarization shall maintain an accurate and reliable record of each remote notarial act performed by the notary public. b) Befo…

Section 176.710 Remote Notarial Acts − Recording 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 re…

Section 176.720 Requirement to Restart Performance of Act Under Certain Circumstances a) A remote notary public who is performing a remote notarial act using audio-video communication must restart the performance of the remote notarial act from the beginning, including and withou…

Section 176.730 Remote Notarial Certificates a) A form of notarial certificate for a remote notarization complies with Sections 6-103 and 6-105 of the Act if it is in the form provided by applicable law and contains a statement substantially as follows: "This remote notarization …

Section 176.800 Electronic Notary Public Commission Required a) A person may not perform an electronic notarial act unless the Secretary of State has approved the electronic notary public commission of a person under 5 ILCS 312/2-102 and the traditional notary public commission i…

Section 176.802 Definitions Unless otherwise noted, the following definitions apply to this Subpart I: "Electronic notarization system" or "system" means any combination of technology that enables a notary public to perform a notarial act remotely; that allows the notary public t…

Section 176.805 Electronic Notarization System Provider Registration, Information Submitted for Registration, and Confidentiality of Certain Information a) Certification Required to Provide Electronic Notarization Systems. No person or entity may provide electronic notarization s…

Section 176.810 Information Required in Electronic Seal, Electronic Documents Made Tamper-Evident, and Notation Required if Audio-Video Communication Is Used to Perform Notarial Acts a) The electronic seal of an electronic notary public must have the information required to be in…

Section 176.815 Access and Use of Electronic Notary Seal and Electronic Signature a) Neither the employer of an electronic notary public nor any of the employer’s employees or agents shall use or permit the use of an electronic notary seal or signature by anyone other than the au…

Section 176.820 Changes to Digital Certificate and Electronic Seal of Electronic Notary a) An electronic notary public shall at all times maintain an electronic seal and at least one digital certificate that includes the electronic notary’s electronic signature. Both the electron…

Section 176.825 Standards for Communication Technology a) Communication technology must provide synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the electronic notary public and the individual to see and speak with each other in real time. …

Section 176.830 Duties of Electronic Notary Public An electronic notary public must take reasonable steps to: a) Ensure the integrity, security, and authenticity of each electronic notarial act performed by the electronic notary public; b) Maintain a secure backup of the electron…

Section 176.835 Standards for Identity Verification a) If an electronic notary public does not have satisfactory evidence of the identity of a remotely located principal pursuant to 5 ILCS 312/6A-103(b)(1), the electronic notary public must reasonably verify the principal’s ident…

Section 176.840 Maintenance of Record of Electronic Notarial Act Pursuant to 5 ILCS 312/3-107, an electronic notary public shall maintain an accurate and reliable journal record of each electronic notarial act performed by the electronic notary public. The record must be maintain…

Section 176.845 Electronic Notarial Act Using Audio-Video Communication − Duty of Electronic Notary and System Provider to Protect Recordings and Personally Identifying Information from Unauthorized Access An electronic notary public performing an electronic notarial act using au…

Section 176.850 Use of System Provider to Store Electronic Journals and Recordings a) An electronic notary public may use a system provider to store the electronic journal of the electronic notary public and the recording made under 5 ILCS 312/6A-104 of an electronic notarial act…

Section 176.855 Availability of Recordings and Documents to Certain Persons and Entities The recording made under 5 ILCS 312/6A-104 of an electronic notarial act performed using audio-video communication may be made available: a) To the principal for whom the electronic notarial …

Section 176.860 Electronic Notarial Acts a) An electronic notary public may perform an electronic notarial act using audio-video communication only if the electronic notary public and the principal agree to the performance of the electronic notarial act using audio-video communic…

Section 176.865 Electronic Notarial Certificates a) A form of notarial certificate for an electronic notarization complies with 5 ILCS 312/6A-105 if it is in the form provided by applicable law and contains a statement substantially as follows: “This electronic notarization invol…

Section 176.870 Prohibited Acts a) An electronic notary public shall not: 1) Engage in any fraudulent activity, deceptive practice, or inequitable act in connection with the Act. 2) Engage in any activity prohibited by 5 ILCS 312/6-104. 3) Fail to record an electronic notarial ac…

Section 176.900 Journal Requirements a) Every notary public, whether or not also an electronic notary public, must record each notarial act in a journal at the time of notarization to comply with 5 ILCS 312/3-107 and this Subpart J. b) Each journal of a notary public, whether mai…

Section 176.910 Journal Entries and Prohibited Entries 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 othe…

Section 176.920 Form and Content of Journals Maintained on a Tangible Medium a) A journal maintained on paper or any other tangible medium may be in any form that meets the physical requirements in this Section and the entry requirements in Section 176.910. b) The cover and pages…

Section 176.930 Form and Content of an Electronic Notarial Journal a) A journal maintained in electronic format may be in any form that complies with this Section and the entry requirements in Section 176.910. b) A journal maintained in an electronic format must be designed to pr…

Section 176.940 Custody and Control of the Journal and Notification of a Lost, Compromised, Destroyed, or Stolen Journal a) The notary public must maintain custody and control of the journal at all times during the term of the notary public's commission. When not in use, the jour…

Section 176.950 Inspection of a Journal, Response to Subpoenas and Investigative Requests, and Public Information a) In the notary's presence, any person may inspect an entry in the official journal of notarial acts during the notary's regular business hours, but only if: 1) The …

Section 176.960 Electronic Journal Record Retention and Depositories a) A notary public must retain the electronic journal required and any audio-video recording created under 5 ILCS 312/6A-104 in a computer or other electronic storage device that protects the journal and recordi…

Section 176.970 Complaints of Alleged Violations For purposes of this Section, "notary public" includes an electronic notary public and remote notary public. a) A person may file a complaint in writing with the Secretary of State alleging that a notary public has violated one or …

Section 176.980 Revocation, Suspension, and Reprimand For purposes of this Section, "notary public" includes an electronic notary public and remote notary public. a) Revocation. A notary public's commission may be revoked for any of the foregoing acts or omissions: 1) The notary …

Section 176.990 Appeals Appeals should be addressed to the Secretary of State Department of Administrative Hearings and comply with Subpart K. (Source: Added at 47 Ill. Reg. 8640, effective June 5, 2023) SUBPART K: ADMINISTRATIVE HEARINGS

Section 176.ILLUSTRATION B: Notary Public Course of Study and Examination Provider Surety Bond Form Know All Persons by These Presents, That We, ___________________, hereinafter referred to in this document as Principal and __________________, a corporation organized and existing…

Section 177.10 Filing with the Secretary of State All documents required to be filed with the Secretary of State by the Credit Services Organizations Act (P.A. 85-1384, effective January 1, 1989) shall be filed with the Secretary's Index Department, 111 East Monroe Street, Spring…

Section 177.20 Requirements for Filing a) A registration statement. The statement as shown in Illustration A will be supplied by the Index Department and shall be used by the credit services organization. b) A one hundred dollar ($100.00) filing fee. The fee shall be paid in cash…

Section 177.30 Availability of Records The registration statements and bonds filed hereunder with the Index Department shall be available for inspection and copying during the normal work hours.