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Law

IL Senate Bill 2037

Notary Law Update: IL Senate Bill 2037

State: Illinois

Summary:

Senate Bill 2037 for the first time regulates "Notary remittance agents" who submit applications on behalf individuals seeking a Notary commission.

Signed:  August 09, 2019

Effective:  January 01, 2020

Chapter: Public Act 101-0366

Affects:

Creates new Section 5 ILCS 312/2-107.

Changes:
  • Requires every company, corporation, association, organization, or person that remits Notary applications to the Secretary of State, for compensation or otherwise, to comply with standards to qualify for licensure as a Notary Public remittance agent.
  • Provides that the standards to qualify for licensure as a Notary Public remittance agent shall include, but not be limited to, the following: (a) the applicant has not been the subject of any administrative citation, criminal complaint, or civil action arising from his or her duties as a Notary Public remittance agent; (b) the agent holds a surety bond in the amount of $20,000 for the purposes of acting as a remittance agent; (c) the agent complies with all requirements set forth by the Secretary of State for the submission of the Notary applications.
Analysis:

Senate Bill 2037 for the first time regulates "Notary remittance agents" who submit applications on behalf individuals seeking a Notary commission. A Notary remittance agent can be a company, corporation, association, organization or a person. Examples might include Notary associations and surety bond companies. A few states already allow agents to submit applications for Notary commission applicants. Florida actually requires it. In Florida, you cannot apply for a Notary commission as an individual; you must go through a bonding company. The bonding company submits applications in bulk to the Department of State. They check and proofread applications to ensure they are completed correctly. Agents offer application processing services as a way to provide customer service to individuals seeking a Notary commission. The state supports application processing by third-party agents because they do a lot of the work to prepare an application for submission to the commissioning official.

Read the bill text.

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