Where is the Electronic Notarization Fund established under the Illinois Notary Public Act?
Based on: 5 ILCS 312/1-106
Illinois Notary Exam · E-Notary
Illinois Notary Exam Practice Questions: Electronic and Remote Notarization (2026)
Illinois lets a commissioned notary perform notarial acts remotely and lets an electronic notary perform electronic acts, under 5 ILCS 312/6-102.5 and 6A. Before any electronic act, the electronic notary must register the capability with the Secretary of State and the technology vendor must have the technology approved, under 5 ILCS 312/2-102.7. An electronic notary performing an act by audio-video communication must be located within Illinois, under 5 ILCS 312/6A-104(e), and must keep the recording for at least seven years under 5 ILCS 312/6A-104(d).
Practice
Free practice questions
Moneys in the Electronic Notarization Fund are distributed, subject to appropriation, to the Secretary of State to fund what purpose?
Based on: 5 ILCS 312/1-106
As of what date is Section 1-106 establishing the Electronic Notarization Fund effective?
Based on: 5 ILCS 312/1-106
Before performing any electronic notarial acts, what must a notary holding an electronic notary public commission do?
Based on: 5 ILCS 312/2-102.7(a)
How often must an electronic notary public make a registration regarding electronic notarization technology with the Secretary of State?
Based on: 5 ILCS 312/2-102.7(a)
Before any electronic notarial acts are performed in Illinois, what must the vendor of electronic notarization technology do?
Based on: 5 ILCS 312/2-102.7(b)
For what purposes may the electronic signature and electronic seal of an electronic notary public be used?
Based on: 5 ILCS 312/3-101.5(a)
Under the reliability requirements for an electronic notary's signature and seal, in whose control must it be retained?
Based on: 5 ILCS 312/3-101.5(b)
To be deemed reliable, how must an electronic notary's signature and seal be attached to or logically associated with the electronic document?
Based on: 5 ILCS 312/3-101.5(b)
Under the reliability standard, what may evidence of tampering with the electronic signature and seal be used to determine?
Based on: 5 ILCS 312/3-101.5(b)
Registering technology, and who must approve it
Illinois keeps electronic and remote work tightly controlled, and registration comes first. Under 5 ILCS 312/2-102.7(a) a notary holding an electronic notary public commission must register the capability to notarize electronically with the Secretary of State before performing any electronic notarial acts. The technology itself is gated: under 5 ILCS 312/2-102.7(b) the vendor of electronic notarization technology must submit the technology to the Secretary of State and receive approval before any electronic acts are performed in the State. The signature and seal are kept under tight control: under 5 ILCS 312/3-101.5(a) the electronic signature and electronic seal may be used only to perform electronic notarial acts, and under 5 ILCS 312/3-101.5(b) they must be retained under the electronic notary's sole control to be deemed reliable. The Act also funds the system. Under 5 ILCS 312/1-106 the Electronic Notarization Fund is created as a special fund in the State treasury. Providers carry obligations under the rules: under 14 Ill. Adm. Code 176.805(k) a provider's customer service hotline, chat or dedicated email must be answered at a minimum between 9:00 am and 5:00 pm Central Time, Monday through Friday, and under 14 Ill. Adm. Code 176.805(m) the Secretary gives a provider a written warning and 15 days to come into compliance.
Identifying the signer, where the notary sits, and the recording
The most-tested facts here are identity, location and retention. For a remote act under 5 ILCS 312/6-102.5(a), any commissioned notary may act remotely after first determining the signature is that of the person appearing before the notary. The signer must attest to being physically located in Illinois during the two-way audio-video communication under 5 ILCS 312/6-102.5(b)(3), and must affirmatively state on the communication what document is being signed under 5 ILCS 312/6-102.5(b)(4). For an electronic notary using audio-video communication under 5 ILCS 312/6A-103(b), satisfactory evidence of identity comes from remote presentation of a government-issued credential, credential analysis of its front and back, and a dynamic knowledge-based authentication assessment, and 14 Ill. Adm. Code 176.835(c) confirms identity proofing is performed using a dynamic knowledge-based authentication assessment. Location is a hard rule: under 5 ILCS 312/6A-104(e) the electronic notary must be located within the State of Illinois at the time the act is performed. The recording is the headline number. Under 5 ILCS 312/6A-104(a) the audio-video recording is required in addition to the journal entry, and under 5 ILCS 312/6A-104(d) it must be kept for not less than seven years, regardless of whether the act was actually completed, a duty echoed by 14 Ill. Adm. Code 176.840. Note the related, shorter rule for the witnessed-signature path: under 5 ILCS 312/6-102.5(b)(2) the two-way recording is preserved by the signatory or designee for at least three years.
| Path | Who keeps it | Retention |
|---|---|---|
| Electronic act recording (6A-104) | Electronic notary | At least 7 years (6A-104(d)) |
| Electronic act journal record | Electronic notary | At least 7 years (14 Ill. Adm. Code 176.840) |
| Remote two-way AV recording (6-102.5) | Signatory or designee | At least 3 years (6-102.5(b)(2)) |
| Where the notary must be | In Illinois | At the time of the act (6A-104(e)) |
FAQ
Frequently asked questions
How long must an Illinois electronic notarization recording be kept?
Under 5 ILCS 312/6A-104(d), an Illinois electronic notary must keep the audio-video recording of an electronic notarial act for not less than seven years, regardless of whether the act was actually completed. The same seven-year period applies to the journal record under 14 Ill. Adm. Code 176.840. A separate remote two-way recording is kept by the signatory for at least three years under 5 ILCS 312/6-102.5(b)(2).
Where must an Illinois electronic notary be located?
Under 5 ILCS 312/6A-104(e), an Illinois electronic notary performing an act by audio-video communication must be located within the State of Illinois at the time the act is performed. It is the signer who may be remote: the signer attests to being physically located in Illinois during the communication under 5 ILCS 312/6-102.5(b)(3).
What must an Illinois notary do before performing electronic notarizations?
Under 5 ILCS 312/2-102.7(a), an Illinois electronic notary must register the capability to notarize electronically with the Secretary of State before performing any electronic notarial acts. The technology vendor must also submit the technology to the Secretary of State and receive approval before any electronic acts are performed, under 5 ILCS 312/2-102.7(b).
How is a remote signer's identity confirmed in Illinois?
Under 5 ILCS 312/6A-103(b), an Illinois electronic notary confirms identity by remote presentation of a government-issued credential, credential analysis of its front and back, and a dynamic knowledge-based authentication assessment. Identity proofing is performed using a dynamic knowledge-based authentication assessment under 14 Ill. Adm. Code 176.835(c).