Illinois Notary Laws Summary

All applicants must meet all of the requirements listed below:

• Be 18 years of age or older
• Be a resident of the State of Illinois for at least 30 days
• Be a citizen of the United States or an alien lawfully admitted for permanent residence in the United States
• Read and write the English language
• Not have been convicted of a felony
• Not have had a notary commission revoked during the past 10 years

In order to receive a notary public commission, a person must:

• Meet the eligibility requirements
• Properly complete and submit a notary application form to the Secretary of State with a $10 filing fee and include a copy of the $5,000 bond. Click here to download the application forms -
  http://www.cyberdriveillinois.com/departments/index/notary/home.html
• After the applicant is approved for appointment, a specimen signature and a filing fee of $5.00 must be recorded with the county clerk where the applicant resides or where the non-resident works or maintains a business. If the appointment is not filed with the county clerk within 60 days, the county clerk will return the commission to the Secretary of State and the commission will be cancelled.

Permitted. Persons residing in a state bordering Illinois, with the exception of Indiana, who have worked in Illinois for 30 days, may apply for a commission. Such persons must also meet the same qualifications as Illinois residents. The appointment and signature must be recorded with the county clerk where the applicant works or maintains business. Non-resident applications can only be obtained from the Secretary of State’s Office.

Required. A bond in the amount of $5,000 is required for new and renewing state and county notaries public. Please visit the American Association of Notaries’ website at www.usnotaries.com to purchase and receive a bond via email in one business day.

Optional. The American Association of Notaries recommends that Illinois notaries insure themselves against claims of negligence through Errors and Omission insurance. Visit the American Association of Notaries’ website at www.usnotaries.com for more information.

A $10 filing fee is required for new and renewal notary applications.

Illinois residents are appointed notaries for a term of four (4) years; non-residents are appointed for a one (1) year term.

Statewide.

Secretary of State
Index Department, Notary Division
111 East Monroe Street
Springfield, IL 62756
(217) 782-7017
http://www.cyberdriveillinois.com/departments/index/notary/home.html

A notary may apply 60 days before the expiration of the current commission by completing a renewal application form.

None Required.

Required.

Type – rubber stamp

Ink color – black ink capable of photographic reproduction

Shape – Rectangular

Dimensions – not more than one (1) inch in height by two and one-half (2 ½) inches in length

Required elements - notary’s official name, the words “Official Seal,” “Notary Public,” “State of Illinois,” and “My Commission expires (date).” The seals must have a serrated or milled edge border. The notary statute neither requires the name of the county to be included on the seal nor prohibits it.

Recommended by the Secretary of State and the American Association of Notaries. For notary supplies contact the American Association of Notaries by calling 800.721.2663 or visiting our website at www.usnotaries.com.

Note--Effective June 1, 2009, a notary who performs a notarial act involving a document of conveyance that transfers or purports to transfer title to residential real property located in Cook County, Illinois, must create a notarial record with very specific details regarding the notarial act. Click here to download the application forms-- http://www.cyberdriveillinois.com/departments/index/notary/home.html.

Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than:

• Acknowledgments $1.00
• Oaths or affirmations $1.00
• Protests $1.00

Illinois notary has the authority to:

• Take acknowledgments
• Administer oaths or affirmations
• Witness or attest a signature
• Perform any other act authorized by law

Note--A notary may not issue certified copies of any document.

If a notary public moves or changes employers, and the new residence or place of employment is within the boundaries of the county from which the notary was appointed, the notary reports the change of address to the Secretary of State. However, if the notary moves out of the county, or if the non-resident notary changes employment to another county, the notary must resign his or her commission and return it to the Secretary of State.

When any notary legally changes his or her name, the commission ceases to be in effect and should be returned to the Secretary of State. To become a notary again, the individual must file a new application, bond, and oath with the Secretary of State.

Although not required by state notary laws, the notary or a representative of the notary should submit a letter of notice to the Secretary of State, along with the notary commission, if any of these significant events occur during the term of a current notary commission. Notaries (or their representatives) should destroy their seals immediately and contact the Secretary of State for instructions regarding notary journals. Resignations should be submitted to the Secretary of State, Index Department, 111 E. Monroe St., Springfield, IL 62756.

A notary public may not:

• Use any name or initial in signing certificates other than the one by which he or she was commissioned
• In any document, stationery, letterhead, business card, or other written material translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney (including the word “notario publico”)
• Acknowledge any instrument in which the notary’s name appears as a party to the transaction
• Affix his signature to a blank form, affidavit, or certificate of acknowledgment and deliver that form to another person with the intent that it be used as an affidavit or acknowledgment
• Take the acknowledgment of or administer an oath to any person whom the notary actually knows to have been adjudged to be mentally ill by a court of competent jurisdiction and who has not been restored to mental health as a matter of record
• Take the acknowledgment of any person who is blind until the notary has read the instrument to the person
• Take the acknowledgment of any person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language that the person does understand
• Change anything in a written instrument after it has been signed by anyone
• Prepare any legal instrument or fill in the blanks of any instrument other than a notary certificate; however, this prohibition shall not prohibit an attorney, who is also a notary public, from performing notarial acts for any documents he or she prepares
• Use facsimile signature stamps in signing his or her official certificates

Notaries public who commit official misconduct may be subject to criminal liability, which may include the revocation of their notary public commission.

Click here to view your state's notarial certificates.