Illinois Notary Rules Every New Notary Should Know

Updated 2026-09-28

Passing the course exam earns a commission; following the Illinois Notary Public Act keeps it. Public Act 102-160 rewrote large parts of the Act, adding a mandatory journal, electronic notarization and tighter discipline, and the Secretary's rules in Part 176 fill in the details.

This page summarizes the rules a new Illinois notary is tested on and relies on daily. It is general information for exam study, not legal advice; the Act, Part 176 and the Secretary's handbook control.

Identifying the signer

Under Section 6-102, whenever you take an acknowledgment, a verification upon oath or affirmation, or witness a signature, you must know from personal knowledge or satisfactory evidence that the person in front of you is the signer. Satisfactory evidence means one of three things:

  • The person is personally known to you
  • A credible witness you personally know identifies the person under oath or affirmation
  • An identification document valid at the time, issued by a state agency, a federal agency or a consulate, bearing the person's photo and signature

Certificates and the seal

Section 6-103 says every notarial act is shown by a certificate that you sign and date, naming the jurisdiction where the act took place and carrying your seal. Sign and stamp at the time of the act, in black ink, clearly enough to photocopy. Section 6-105 supplies short forms for an acknowledgment in an individual capacity, an acknowledgment in a representative capacity, a verification upon oath or affirmation, and witnessing or attesting a signature. Each short form starts with the state and county and ends with your signature and seal.

The handbook adds practical points: never stamp over your signature, sign exactly the name on your commission, and for a signature by mark, have two witnesses sign beside the mark. When an act is done by remote audio-video communication, the certificate must say so.

The journal

Section 3-107 and rule 176.900 require a journal entry for every notarial act, on paper or electronically, and you may keep more than one journal. Rule 176.910 requires each entry to show the principal's name, any credible witness, anyone who signed for the principal, the document title or description, the date, whether the act was in person, remote or electronic, the fee, and where the notary and principal were. You must not record ID numbers, Social Security numbers, financial account data or biometric identifiers.

The handbook says to keep a paper journal at least seven years after its final entry. Report a lost, stolen or compromised journal to the Secretary within 10 business days. Two narrow exceptions exist: acts on candidates' nominating petitions need no entry, and a notary employed by an attorney or law firm is excused if the firm keeps copies of the notarized documents.

Fees you may charge

Section 3-104 caps a traditional notarial act at $5 and an electronic notarial act at $25. Charging is optional. Non-attorneys who fill out immigration forms face separate caps, including $10 per form and $75 for a complete application. Every notary must give itemized receipts that show notarial fees apart from other charges, and overcharging is a Class A misdemeanor, rising to a Class 3 felony for a repeat within five years. Since January 1, 2026, no fee may be charged for notarizing the Secretary's Homeless Status Certification form.

Prohibited acts and conflicts

Section 6-104 lists what an Illinois notary may not do, including:

  • Sign with any name or initial other than the commissioned name
  • Acknowledge a document in which you are named as a party
  • Sign a blank affidavit or acknowledgment form
  • Take the acknowledgment of a blind person without first reading the document aloud, or of a non-English speaker without a translation of its nature and effect
  • Change a document after anyone has signed it
  • Prepare legal instruments or explain a document's contents, unless you are also an attorney
  • Sell or share journal contents or recordings except as the law allows

Advertising and the notario ban

The handbook allows notarizing for a spouse or relatives, but never your own signature, even when signing for a corporation. A non-attorney who advertises notary services in another language must post the Act's disclaimer in English and that language, may not translate notary public into a term such as notario, and faces a $1,500 fine per violation, with permanent revocation on a second violation (Section 3-103).

Remote and electronic notarization

Illinois separates the two. Any commissioned notary may perform a remote notarial act by live audio-video under Section 6-102.5, but the handbook requires the $30,000 bond. The signer must say on camera that they are in Illinois, name the document, and show each page; the session is recorded and kept by the signer for at least three years. The signer sends a copy of the signed document by the next day, and the notary signs it as witness and returns it within 24 hours.

Electronic notarization is a separate commission with its own $25 fee and a platform approved by the Secretary. Identity is proven by personal knowledge, or by credential analysis plus a dynamic knowledge-based authentication quiz (Section 6A-103). You must be in Illinois for every act, but under Section 3-105 an electronic notary may serve signers elsewhere in the United States and, in limited cases, abroad.

Liability and penalties

A notary and the bond surety are liable for all damages caused by official misconduct, and an employer who consented to the misconduct can be liable too (Sections 7-101 and 7-102). Knowing, willful misconduct is a Class A misdemeanor and reckless or negligent misconduct a Class B misdemeanor (Section 7-105); impersonating a notary is also a Class A misdemeanor. The Secretary may warn, suspend or revoke, and a revoked notary must wait at least five years to reapply and must turn in the seal. Complaints about misconduct go to law enforcement, the Attorney General or a State's Attorney.

Common questions

Can I notarize for my husband or my mother in Illinois?
The handbook says yes, as long as you are not a party to the document. What you may never do is notarize your own signature or a document naming you as a party.
Does the signer have to sign in front of me?
For a verification upon oath or affirmation, yes: administer the oath and watch the signing. For an acknowledgment, the signer may sign earlier but must appear before you and acknowledge the signature.
How long do I keep records after my commission ends?
Section 6-104(q) requires notarial records to be kept for five years after the commission ends, and the handbook sets seven years after the last journal entry. Keeping records for the longer period meets both.
Where do I file a complaint about an Illinois notary?
The Secretary administers the Act, but its notary page directs misconduct complaints to a law enforcement agency, the Attorney General or a State's Attorney's office.

Keep reading

Sources

General information, not legal advice. Confirm current requirements, fees and forms with the Illinois Secretary of State (Index Department, Notary Division).