What are the stated underlying purposes and policies of the Illinois Notary Public Act?
Based on: 5 ILCS 312/1-102 (Purposes and Rules of Construction)
To become an Illinois notary you apply to the Secretary of State, pay a $15 fee, file a bond, take the oath and complete an approved course and examination, all set out in the Illinois Notary Public Act (5 ILCS 312/2-101 to 2-105). A traditional in-person notary files a $5,000 bond for a four-year term, and an electronic notary commission carries the same term. Since January 1, 2024 first-time and renewal applicants must complete an approved course and pass the exam before being commissioned.
What are the stated underlying purposes and policies of the Illinois Notary Public Act?
Based on: 5 ILCS 312/1-102 (Purposes and Rules of Construction)
How is the Illinois Notary Public Act applied with respect to existing commissions and future reappointments?
Based on: 5 ILCS 312/1-103 (Prospective Effect of Act)
For what length of term may the Secretary of State appoint and commission a person who is a resident of a county in Illinois as a notary public?
Based on: 5 ILCS 312/2-101 (Appointment)
For what length of term may a qualifying resident of a state bordering Illinois be appointed as an Illinois notary public?
Based on: 5 ILCS 312/2-101 (Appointment)
Under what condition may a resident of a state bordering Illinois be commissioned as an Illinois notary public?
Based on: 5 ILCS 312/2-101 (Appointment)
Whose place of work or business must be within a county in Illinois for that person to qualify for a bordering-state notary appointment?
Based on: 5 ILCS 312/2-101 (Appointment)
May a person apply for a notary public commission and an electronic notary public commission at the same time?
Based on: 5 ILCS 312/2-101 (Appointment)
What is the relationship between the term of a notary public commission and the term of that same person's electronic notary public commission?
Based on: 5 ILCS 312/2-101 (Appointment)
May a commissioned notary or electronic notary decline to perform a particular notarial act?
Based on: 5 ILCS 312/2-101 (Appointment)
What happens to a person's electronic notary public commission when that person is no longer commissioned as a notary public in Illinois?
Based on: 5 ILCS 312/2-101 (Appointment)
Illinois sets the gateway in the Act itself. Under 5 ILCS 312/2-101 the Secretary of State may appoint and commission a resident of an Illinois county as a notary public for a four-year term, and the same section provides that a notary public commission and an electronic notary public commission have the same term. The application under 5 ILCS 312/2-102 must state the applicant's official name exactly as it appears on the applicant's current driver's license or state-issued identification card, which is why a mismatch there is a common reason an application is rejected. Every applicant pays the Secretary of State a fee of $15 under 5 ILCS 312/2-103, and an applicant who also wants to perform electronic notarizations pays a further $25 on top of that $15. An Illinois resident may apply through the online application system the Secretary of State maintains under 5 ILCS 312/2-102.5. Before performing any acts, a first-time applicant must, absent the narrow attorney or judge exemption, complete any course of study on notarization required by the Secretary of State and pass an examination at the completion of that course, under 5 ILCS 312/2-101.5.
Passing the exam does not make you a notary. Under 5 ILCS 312/2-105 the application for a traditional notary must be accompanied by an executed bond commencing on the date of appointment, with a term of four years, in the sum of $5,000. The bond rule is restated in the regulations: 14 Ill. Adm. Code 176.340(b) requires an applicant seeking to perform only traditional, in-person notarizations to purchase a $5,000 bond. The applicant also takes an oath under 5 ILCS 312/2-104, solemnly affirming under the penalty of perjury that the answers in the application are true, complete and correct. The term itself is precise: 14 Ill. Adm. Code 176.110 provides that the term begins on the date the notary is commissioned by the Secretary of State, not the date the bond was obtained. The commission does not renew itself. Under 5 ILCS 312/5-101 no person is automatically reappointed as a notary public or electronic notary public, so you must reapply to obtain another four-year term. Keeping your information current matters too: under 5 ILCS 312/4-101, if a notary legally changes name or address and fails to notify the Index Department of the Secretary of State in writing within 30 days, the commission ceases to be in effect.
| Requirement | Illinois rule (statute or rule) |
|---|---|
| Application fee | $15 to the Secretary of State (5 ILCS 312/2-103) |
| Extra electronic-notary fee | $25 on top of the $15 (5 ILCS 312/2-103) |
| Course and exam | Approved course plus passing exam (5 ILCS 312/2-101.5) |
| Surety bond (traditional) | $5,000 (5 ILCS 312/2-105; 14 Ill. Adm. Code 176.340(b)) |
| Oath | Under penalty of perjury (5 ILCS 312/2-104) |
| When the term begins | Date commissioned, not date bonded (14 Ill. Adm. Code 176.110) |
| Commission term | 4 years; same term for e-notary (5 ILCS 312/2-101) |
An Illinois notary public commission runs for four years under 5 ILCS 312/2-101, and an electronic notary public commission has the same term. No person is automatically reappointed under 5 ILCS 312/5-101, so you must reapply to the Secretary of State to obtain another four-year term before your current commission expires.
Every applicant pays the Illinois Secretary of State a $15 application fee under 5 ILCS 312/2-103. An applicant who also wants an electronic notary public commission pays a further $25 in addition to that $15 fee. These amounts are separate from the cost of the approved provider course and the surety bond.
An Illinois notary who performs only traditional, in-person notarizations files a $5,000 surety bond with a four-year term under 5 ILCS 312/2-105 and 14 Ill. Adm. Code 176.340(b). The bond must commence on the date of appointment. It protects the public, so many notaries also buy separate errors-and-omissions insurance to cover their own liability.
Under 14 Ill. Adm. Code 176.110, an Illinois notary commission term begins on the date the notary is commissioned by the Secretary of State, not the date the bond was obtained. If you change your name or address, you must notify the Index Department of the Secretary of State in writing within 30 days or your commission ceases to be in effect under 5 ILCS 312/4-101.
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