Illinois Notary Requirements
Description: A notary public is a person legally empowered to witness and certify the validity of documents and to take affidavits and depositions.
To become a Notary Republic in Illinois:
Eligibility:
- Minimum 18 years old;
- A resident of the State of Illinois
- Be a U.S. citizen or an alien admitted for permanent residence
- Must read and write English
- Not have been convicted of a felony
Out-of-state Residents--Appointed for one-year term
Eligibility:
- Minimum 18 years old;
- Be a U.S. citizen or an alien admitted for permanent residence
- Be a resident of Illinois or employed in the state for 30 days
- Must read and write the English language
- Not have been convicted of a felony
- Not have a notary commission revoked during past 10 years
Qualification:
- Meeting the eligibility requirements
- Properly completing an applicant form approved by the Secretary of State
- Executing the statement of officer
- Providing a $5,000 bond – Notary bond required for new and renewing notaries
- Paying the required filing fees of $10 – for new and renewal notary applications
- Commission and a specimen signature must be filed with the county clerk where the applicant resides and pay a fee of $5.
Term: 4 Years
Jurisdiction: Statewide
Appointment:
Secretary of State
Index Department, Notary Division
111 East Monroe Street
Springfield, IL 62756
(217) 782–7017
Failure to Record Commission: If the commission 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.
Commission Renewal: May apply before expiration of current commission by completing a renewal application form. The Secretary of State sends out renewal notices prior to the expiration date of the current commission.
Notary Journal: None Required. Recommended.
Education/Testing: None Required.
County Change: Illinois notaries must resign their commission.
To continue to be a notary, he or she must apply for appointment in the new county of residence or employment.
Notary Seal:
- rubber-inked stamp
- black ink and the the seal must be capable of photographic reproduction.
- Rectangular
- 1“ height and 2 ½“ length
- Required elements: Notary public‘s name, commission expiration date, the wording “Official Seal, Notary Public, State of Illinois, Commission expiration date.”
- The seals must have serrated or milled edge border.
Name Change: Illinois notaries must resign their commission. To continue to be a notary, he or she must apply for appointment under the new name.
Vacate office or resignation: Submit notice to the Office of the Secretary of State.
Notary Fees:
- Acknowledgment $1
- Oath or affirmation $1
- Jurats $1
Authority:
- Take acknowledgments
- Administer oaths or affirmations
- Protest instruments
Prohibited Acts:
- prepare, draft, select, or give advice concerning legal documents
- perform acts which constitute the practice of law
- use the phrase “notario“ or “notario publico” to advertise notary services
- give advice, complete forms, or charge fees regarding immigration matters
- notarize a document without the signer being in the notary‘s presence
- notarize own signature
- notarize documents wherein the notary‘s name appears as a party to the transaction
- take the acknowledgment of any person who has been adjudged mentally ill by a court
- notarize documents for a blind signer until the notary has read the complete document
- notarize documents with blanks
- notarize documents for any person who does not speak or understand the English language
- sign a notarial certificate under any other name than the one under which the notary was commissioned
- notarize documents for any person who does not speak or understand the English language
- sign a notarial certificate under any other name than the one under which the notary was commissioned
- use signature stamp
- certify copies of documents recordable in the public records.
Source: Huckleberry Notary Bonding,Inc.
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Date Last Revisited: 4/18/07
