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In-Person Paper/Electronic Notarizations

Am I required by law to maintain a notary journal in Illinois?

Yes. As of January 2022, IL Senate Bill 2664 makes new requirements for notaries and electronic notaries to maintain a journal of their notarizations.

 

Additional guidance & clarifying verbiage has been provided and has taken effect as of June 5, 2023. This page includes the most up-to-date guidance

Journal format

Paper/hardbound or electronic journal acceptable

 

"(c) A notary or electronic notary may maintain his or her journal in either paper form or electronic form and may maintain more than one journal or electronic journal to record notarial acts or electronic notarial acts."

(5 ILCS 312/3-107 new)

Journal entry requirements

  • Section 176.910 - Journal Entries and Prohibited Entries

  •  

  • a) Required entries. Each entry shall contain at least the following information:

  • The name of the principal

  • The name of each credible witness relied upon to verify the identity of the principal

  • The name of any other person that signed for the principal

  • The title or a description of the document notarized

  • The date of the notarization

  • Whether the notarization was conducted in person, remotely, or electronically

  • The fee charged, if any

  • The physical location of the notary and the principal

Journal retention

The notary public shall retain the journal until required to transmit the journal to the Mayor under subsections (e) and (f) of this section

 

(E) On resignation from, or the revocation or suspension of, a notary public's commission, the notary public shall transmit the journal to the Mayor

 

(F) On the death of adjudication of incompetence of a current or former notary public, the notary's personal representative or guardian or any other person knowingly in possession of the journal shall transmit it to the Mayor

Optional Entries

In addition to the entire required under 5 ILCS 312/3-107 of the Act and this Part, a journal may contain the signature of the individual for whom the notarial act is performed and any additional information about a specific transaction that might assist the notary public to recall the transaction

Prohibited Entries

A notary public must not record in the notary's journal the following:

  1. An identification number that was assigned by a governmental agency or by the United States to the principal that is set forth on the identification card or passport presented as identification

  2. Any other number that could be used to identify the principal of the document

  3. A biometric identifier, including a fingerprint, voice print, or retina image of the principal

  4. An individual's first name or first initial and last name in combination with and linked to any one or more of the following data elements when the data elements are not encrypted or redacted; A) Social security number, B) Driver's license number or a State identification card number, C) Financial account information

  5. An electronic signature of the person for whom an electronic notarial act was performed or any witness

Can I capture signatures in an electronic journal?

Yes, you can capture a signer's signature in your electronic journal. The only time you are prohibited from capturing a signer's signature in your electronic journal is when you are performing an electronic notarial act (this is not common, and requires a digital notary seal)

Electronic journal record retention and depositories

  1. A notary public must retain the electronic journal required and any audio-visual recording created under 5 ILCS 312/6A-104 in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard, audio-visual file format and must not include images of any electronic record that was subject of the electronic or remote notarizations

  2. An electronic journal must be retained for at least 7 years after the last electronic or remote notarial act chronicled in the journal. An audio-visual recording must be retained for at least 7 years after the recording is made

  3. A notary public must take reasonable steps to ensure that a backup of the electronic journal and audio-visual recording exists and is secure from unauthorized use.

  4. Upon the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of an electronic journal or audio-visual recording must: A) Comply with the retention requirements of this Section, B) Transmit the journal and recording to one or more depositories under subsection (e); or C) Transmit the journal and recording in an industry-standard readable data storage device to the Illinois Secretary of State, Index Department at 111 E. Monroe St., Springfield, IL 62756

  5. A notary public, guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a depository to provide the storage required by this Section. A third person under contract under this Section shall be considered a depository. The contract must; A) Enable the notary public, guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this Section even if the contract is terminated; or B) Provide that the information will be transferred to the notary public, guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated.

  6. The retention requirements for this Part do not apply to notaries in the course of their employment with a governmental entity.

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Illinois?

Yes, notaries in the State of Illinois are authorized to perform remote online notarizations upon enactment of SB 2664

Do I have to record the Remote Online Notarization session?

Yes

What is the retention period for RON recordings?

7 years

 

"(d) An electronic notary public shall keep a recording made pursuant to this Section for a period of not less than 7 years, regardless of whether the electronic notarial act was actually completed."

Do I have to log RON sessions in a journal?

Yes

"The audio-video recording required by this Section shall be in addition to the journal entry for the electronic notarial act required by Section 3-107."

Journal format

Paper or electronic journal acceptable

 

"(c) A notary or electronic notary may maintain his or her journal in either paper form or electronic form and may maintain more than one journal or electronic journal to record notarial acts or electronic notarial acts."

Journal entry requirements

Same as above for in-person notarizations

 

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 other person that signed for the principal

  4. The title or a description of the document notarized

  5. The date of the notarization

  6. Whether the notarization was conducted in person, remotely, or electronically

  7. The fee charged, if any

  8. The physical location of the notary and the principal

 

Also, see "Optional Entries" and "Prohibited Entries" above in the "In-Person Paper & Electronic Notarizations" section. These apply to remote online notarizations as well

Reference Links

Helpful resources for Illinois Notaries

  1. Public Act 102-0160 (SB2664)

  2. New Guidance as of 6/5/2023

  3. NNA Guidance on SB 2664

  4. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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