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IL Administrative Rules 2025

Rule/Regulation

State: Illinois
Signed: January 10, 2025

Effective: January 01, 2025
Chapter: N/A

Summary

Amended rules adopted by the Secretary of State require a Notary to use blue or black ink when signing a paper notarial certificate, clarify requirements for an Electronic Notary’s electronic signature, and make other changes.

Affects

Amends sections 176.10, 176.205, 176.300, 176.600, 176.805, 176.805, 176.900, and 176.980 of Title 14, Subtitle A, Chapter I, Part 176 of the Illinois Administrative Code.

Changes

Notarial Certificates

  1. Requires a Notary Public to use blue or black ink when signing the Notary’s legible, recognizable handwritten signature on a paper notarial certificate.

Application for Notary Public and Electronic Notary Public Commissions

  1. Provides that in accordance with 5 ILCS 312/2-101.5(c), licensed attorneys in good standing with the Illinois Attorney Registration and Discipline Commission (ARDC), current Illinois court or federal court judges, or applicants that are employed by a licensed attorney in good standing with the ARDC or an Illinois or federal court who are renewing their Notary Public commission are not required to complete a course of study or pass an examination, if the applicant submits a signed statement using a form designated by the Secretary of State indicating the applicant is a licensed attorney in good standing with the ARDC, current Illinois court or federal judge, or employed by a licensed attorney in good standing with the ARDC or an Illinois or federal court and that applicant has read and understood the version of the Act in effect at the time of application.
  2. Provides that the copy of an electronic signature that an applicant for an Electronic Notary Public commission must provide to the Secretary of State must be in a format that identifies the electronic notarization system provider that prepared the electronic signature.
  3. Provides that an applicant for an Electronic Notary Public commission must provide the Secretary of State with either a certificate or proof of successful course completion or a signed statement in a format designed by the Secretary of State that the applicant is a licensed attorney in good standing with the ARDC or a current Illinois court or federal court judge or is employed by a licensed attorney in good standing with the ARDC or an Illinois or federal court; and that the applicant has read and understood the version of the Illinois Notary Public Act that is in effect at the time of application pursuant to 5 ILCS 312/2-101.5(c).
  4. Provides a form Exemption from Notary Public Study Course Requirements.

Electronic Notarization System Providers

  1. Requires an electronic notarization system provider seeking approval by the Secretary of State to submit a cybersecurity plan, business continuity plan, and business termination and succession plan.
  2. Requires an electronic notarization system provider, upon request of the Secretary of State, to submit information regarding the operation of the platform including the number of current or previous Illinois electronic notaries registered to the platform and the number and type of electronic notarizations performed on the platform by Illinois Notaries.
  3. Changes the number of days an electronic notarization system provider has to come into compliance after receiving a written warning from the Secretary of State from 30 to 15.
  4. Provides that cessation of operation as an electronic notarization system provider in the State of Illinois is an action warranting decertification or suspension by the Secretary of State.

Other Changes

  1. Defines “ARDC” as the Illinois Attorney Registration and Discipline Commission.
  2. Makes other, non-substantive changes.
Analysis

The Secretary of State has updated the administrative rules to reflect changes made by House Bill 351, eliminating the journal requirement for certain electoral documents and Senate Bill 3513, eliminating the requirement for certain applicants to complete a course of study when renewing a Notary Public commission. Additionally, the amended rules provide new requirements for electronic notarization system providers and clarify requirements for an electronic signature submitted with an Electronic Notary Public application.  

Notaries should take note that the administrative rules include a new requirement that a Notary may only use blue or black ink when signing a paper notarial certificate.   

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