Sec. 6-102.5. Remote notarial acts.

441 words·~2 min read·/il/chapter-5/act-312/6-102-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any commissioned notary public may perform any notarial act described under Section 6-102 remotely, after first determining, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein. A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:

(1)is personally known to the notary;

(2)is identified upon the oath or affirmation of a credible witness personally known to

the notary; or

(3)is identified on the basis of identification documents. Identification documents are

documents that are

(i)valid at the time of the notarial act,

(ii)issued by a State agency, federal government agency, or consulate, and

(iii)bearing the photographic image of the individual's face and signature of the individual.

(b)A remote notarial action must be performed in accordance with the following audio-video communication requirements:

(1)Two-way audio-video communication technology must allow for remotely located

notaries and principals to engage in direct, contemporaneous interaction between the individual signing the document (signatory) and the witness by sight and sound.

(2)The two-way audio video communication technology must be recorded and preserved by

the signatory or the signatory's designee for a period of at least 3 years.

(3)The signatory must attest to being physically located in Illinois during the two-way

audio-video communication.

(4)The signatory must affirmatively state on the two-way audio-video communication what

document the signatory is signing.

(5)Each page of the document being witnessed must be shown to the witness on the

two-way audio-video communication technology in a means clearly legible to the witness.

(6)The act of signing must be captured sufficiently up close on the two-way audio-video

communication for the witness to observe.

(c)Application of the notary's seal and signature:

(1)The signatory must transmit by overnight mail, fax, or electronic means a legible

copy of the entire signed document directly to the notary no later than the day after the document is signed.

(2)The notary must sign the transmitted copy of the document as a witness and transmit

the signed copy of the document back to the signatory via overnight mail, fax, or electronic means within 24 hours after receipt.

(3)If necessary, the notary may sign the original signed document as of the date of the

original execution by the signatory provided that the witness receives the original signed document together with the electronically witnessed copy within 30 days after the date of the remote notarization.

(d)The Secretary of State shall adopt administrative rules to implement this Section.