In Illinois, notaries follow the rules set by the Illinois Notary Public Act. Whether you’re signing a power of attorney, closing on a home, or preparing documents for use in another country, it’s important to know how notarization works in this state. Understanding these requirements helps prevent delays and ensures your documents are legally valid.
The Legal Framework
Notarial Acts
Acknowledgment (5 ILCS 312/4-101):
The signer affirms they signed the document voluntarily. Used for deeds, powers of attorney, contracts, and similar instruments.
Jurat (5 ILCS 312/4-102):
The signer swears or affirms the truth of the document’s contents under oath. Common for affidavits and sworn statements.
Copy Certification (5 ILCS 312/4-104):
A notary may certify that an electronic file is a true and correct copy of an original electronic document by comparing both versions and affixing a certificate. Illinois notaries cannot certify paper photocopies of physical documents.
Oath or Affirmation (5 ILCS 312/4-103):
The notary administers an oath or affirmation without attaching it to a specific document—useful for standalone sworn statements.
Traditional vs. Remote Online Notarization (RON)
Traditional (In-Person)
Remote Online Notarization
Illinois law authorizes RON provided both signer and notary are physically in Illinois and the technology meets statutory standards.
Fees and Timing
Under current Illinois law, the maximum fees are as follows:
Notaries may charge additional reasonable travel or after-hours fees—but these must be disclosed and agreed upon in advance. In-person appointments generally take 10–15 minutes; RON sessions may require 20–30 minutes for identity verification and recording.
Preparing for Your Illinois Notarization
Common Pitfalls
By familiarizing yourself with Illinois-specific rules, selecting the correct notarial act, and preparing properly, you’ll ensure a smooth, efficient experience—whether in person or online. If you have questions about a unique situation, consult a commissioned Illinois notary public or legal professional for tailored guidance.
The Legal Framework
- Commissioning:
- Seal Requirements:
- Recordkeeping:
- Date and time of the notarization
- Type of act performed (acknowledgment, jurat, etc.)
- Name and address of the signer
- Type of ID used
- Description of the document
Notarial Acts
Acknowledgment (5 ILCS 312/4-101):
The signer affirms they signed the document voluntarily. Used for deeds, powers of attorney, contracts, and similar instruments.
Jurat (5 ILCS 312/4-102):
The signer swears or affirms the truth of the document’s contents under oath. Common for affidavits and sworn statements.
Copy Certification (5 ILCS 312/4-104):
A notary may certify that an electronic file is a true and correct copy of an original electronic document by comparing both versions and affixing a certificate. Illinois notaries cannot certify paper photocopies of physical documents.
Oath or Affirmation (5 ILCS 312/4-103):
The notary administers an oath or affirmation without attaching it to a specific document—useful for standalone sworn statements.
Traditional vs. Remote Online Notarization (RON)
Traditional (In-Person)
- Physical presence: Signer and notary meet face-to-face with original documents and valid ID.
- Hand-applied seal: The notary stamps and signs the paper document.
- Log entry: A journal entry (if kept) records date, time, signer’s name, and act type.
Remote Online Notarization
- Virtual meeting: Conducted over a secure audio-visual platform with two-factor identity verification.
- Digital credentials: Identity proofing via knowledge-based questions and credential analysis.
- Electronic seal: A tamper-evident digital certificate is embedded in the electronic document.
- Recording requirement: Sessions must be recorded and retained (by law) for at least five years.
Illinois law authorizes RON provided both signer and notary are physically in Illinois and the technology meets statutory standards.
Fees and Timing
Under current Illinois law, the maximum fees are as follows:
- Non-electronic notarizations: Up to $5 per notarial act
- Electronic notarizations (RON or in-person electronic): Up to $25 per notarial act
- Copy certifications (electronic only): Capped at $5 each
Notaries may charge additional reasonable travel or after-hours fees—but these must be disclosed and agreed upon in advance. In-person appointments generally take 10–15 minutes; RON sessions may require 20–30 minutes for identity verification and recording.
Preparing for Your Illinois Notarization
- Do not sign beforehand: All signatures must be executed in the notary’s presence (physical or virtual).
- Bring proper ID: Unexpired, government-issued photo ID (driver’s license, U.S. passport, or state ID). Temporary or student IDs are not acceptable.
- Complete all fields: Ensure the document is filled out completely—blank spaces can invalidate the act.
- Coordinate multiple signers: Everyone who must sign must appear simultaneously.
- Specify the act: Tell the notary whether you need an acknowledgment, jurat, or copy certification.
Common Pitfalls
- Expired commission or ID: Verify both your ID and the notary’s commission are current.
- Unaccepted formats: Confirm that courts, lenders, or foreign authorities will accept electronic seals or apostilles attached to your notarization.
- Missing attachments: Double-check that exhibits, attachments, and schedules are properly labeled and included.
By familiarizing yourself with Illinois-specific rules, selecting the correct notarial act, and preparing properly, you’ll ensure a smooth, efficient experience—whether in person or online. If you have questions about a unique situation, consult a commissioned Illinois notary public or legal professional for tailored guidance.