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.