§ 3-101 — Official seal

Illinois § 3-101

• Jurisdiction: Illinois
• Topic: GOVERNMENT
• Ch. 5: GENERAL PROVISIONS
• Act 5 ILCS 312/: Illinois Notary Public Act.
• Art.: Article III - Duties - Fees - Authority

Text

(a) Notary public official seal. Each notary public shall, upon receiving the notary commission from the Secretary of State, obtain an official rubber stamp seal with which the notary shall authenticate his or her official acts. The rubber stamp seal shall contain the following information: (1) the words "Official Seal"; (2) the notary's official name; (3) the words "Notary Public", "State of Illinois", and "My commission expires ............ (commission expiration date)"; and (4) a serrated or milled edge border in a rectangular form not more than one inch in height by two and one-half inches in length surrounding the information. (b) (Blank). (b-5) Electronic notary public electronic seal and electronic signature. An electronic notarial act must be evidenced by the following, which must be attached to or logically associated with the electronic document that is the subject of the electronic notarial act and which must be immediately perceptible and reproducible: (1) the electronic signature of the electronic notary public; (2) the electronic seal of the electronic notary public, which shall look identical to a traditional notary public seal; (3) the words "Notary Public", "State of Illinois", and "My commission expires (commission expiration date)"; and (4) language explicitly stating that the electronic notarial act was performed using audio-video communication, if applicable. (c) Registered devices. An electronic notary shall register his or her chosen device with the Secretary of State before first use. Thereafter, electronic notary public shall take reasonable steps to ensure that any registered device used to create an electronic seal or electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority. Upon learning that the technology or device used to create his or her electronic signature has been rendered ineffective or unsecure, an electronic notary public shall cease performing electronic notarial acts until: (1) a new technology or device is acquired; and (2) the electronic notary public sends an electronic message to the Secretary of State that includes the electronic signature of the electronic notary public required under paragraph (6) of subsection (b) of Section 2-102 relating to the new technology or device. (d) Electronic signature and seal security. (1) An electronic notary public shall keep the electronic notary public's electronic signature and electronic seal secure and under the notary public's exclusive control. The electronic notary public shall not allow another person to use his or her electronic signature or electronic seal. (2) An electronic notary public shall notify an appropriate law enforcement agency, the vendor of the electronic notary technology, and the Secretary of State no later than the next business day after the theft, compromise, or vandalism of the electronic notary public's electronic signature or electronic seal. (3) The electronic notary public shall not disclose any access information used to affix the electronic notary public's signature and seal except when requested by law enforcement. (e) Certificate of electronic notarial act. An electronic notary public shall attach his or her electronic signature and electronic seal with the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident. (f) The Secretary of State shall have the authority to adopt administrative rules to implement this Section. (Source: P.A. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).)