Can an Illinois notary notarize a document in Wisconsin?
The answer is simply — NO! A notary public can notarize signatures in their state ONLY. Make sure both of your feet are on the soil of the state that you are commissioned in when you notarize documents. You can meet people right at the border if they are out of state, but make sure that you and the signer are on your side of the border. Imagine doing a signing at four corners in the Southwest! You could be in four states simultaneously and eat fry-bread too!
Notary Public Illinois –
If you are an Illinois notary public, please keep your notarizations to Illinois only. However, the Wisconsin notary division might allow you to apply to become a Wisconsin notary public. If you have a dual commission, then you can use your Wisconsin notary seal and Wisconsin notary journal to notarize documents on the WI side of the border and you will be within the limits of the law.
What about Louisiana Notary Law?
Louisiana is a very strange state. It has kept the laws from the colonial days when it was under Spanish and French rules. The laws are as ecclectic as the evolution of their cuisine that kept adding influences from immigrant cultures for hundreds of years. Someone could do a PhD on the evolution of Gumbo and how it went from being African, to having Spanish and Italian influences, and then how people like to use French Anduille sausange to this dish now. Wow! I’m getting hungry thinking about Louisiana. But, the bottom line is that Louisiana has PARISHES, not counties, and notaries can be commissioned in their home parish, or a group of a few reciprocal parishes, or have statewide jurisdiction. This is the only state I have heard of that has restrictions for what part of the state you can notarize in. See our Louisiana notary public search page!
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New laws for Notaries in Illinois
(1) An Illinois notary public who notarizes a document of conveyance of qualifying residential real estate in Cook county will be required to create a Notarial Record and take a THUMBPRINT of the seller and provide for record keeping of the notary record to all responsible parties.
(2) Identification documents must be current / valid at the time of the notarial act and must be issued by a state or federal government agency and must have a picture of the person’s face, plus a signature of the individual.
(3) An Illinois notary public who is a principal, employee, or agent of a title insurance company, title insurance agent, financial institution or attorney must deliver the notarial record within 14 days to their employer who must keep the record for seven years. (this is an unusual sounding rule)
(4) An Illinois notary public who is NOT an employee or agent of a title insurance company, title insurance agent, financial instritution, or attorney must submit the notarial record within 14 days to the Cook county recorder of deeds office.
(5) The notarial record must be kept confidential and may only be disclosed by subpoena. Further, the notarial record is not subject to the Freedom of Information Act.
(6) Thumbprints. An Illinois notary public shall require the signer of a document of conveyance, or sale of property (deeds effecting real property) to have their right thumb printed in the notary record (journal)
(7) The Illinois notary division gives a definition that residential real property means a building or buildings located in Cook County, IL that has one to four dwelling units or an individual residential condominium unit.
(8) An IL notary public may only perform notary acts if they live in the same county they were commissioned in– unless they reside in a state bordering Illinois and have a work address within that county.
Sec. 3‑105. Authority. A notary public shall have authority to perform notarial acts throughout the State so long as the notary resides in the same county in which the notary was commissioned or, if the notary is a resident of a state bordering Illinois, so long as the notary’s principal place of work or principal place of business is in the same county in Illinois in which the notary was commissioned.
(9) Moving causes your IL notary commission to be nullified
Sec. 4‑101. Changes causing commission to cease to be in effect. When any notary public legally changes his or her name or moves from the county in which he or she was commissioned or, if the notary public is a resident of a state bordering Illinois, no longer maintains a principal place of work or principal place of business in the same county in Illinois in which he or she was commissioned, the commission ceases to be in effect and should be returned to the Secretary of State. These individuals who desire to again become a notary public must file a new application, bond, and oath with the Secretary of State.