ILTA Remote Notary Final Rule Public Comment – Updatedx2

On December 13th, the final amendments to proposed remote notary regulations are scheduled for approval by the Joint Committee on Administrative Rules (JCAR); however, some questions remain that have been submitted for clarification.

***Update 12/13/22: JCAR held the proposed rules at the December 13th meeting and re-scheduled them for approval on January 10th.

***Update 12/26/22: click here for JCAR’s updated second notice submission for possible January 10th approval (click here for ILTA’s Second Notice public comment).

***New Journal Requirements***

While the focus of these administrative rules are on electronic notarization, please also note that Section 3-107 of the enacting legislation (Public Act 102-160) included new journal requirements for all notary public services.

These requirements go into effect “the date on which the Office of the Secretary of State files with the Index Department of the Office of the Secretary of State a notice that the Office of the Secretary of State has adopted the rules necessary to implement this Act, and upon the filing of the notice, the Index Department shall provide a copy of the notice to the Legislative Reference Bureau.” ILTA has requested confirmation from the Secretary of State of any adopted rule notice following the December 13th JCAR meeting.

For reference, Section 3-107 of the enacting legislation (click here) authorizes the new journal requirements, and Subpart J of the proposed administrative rules (click here) contain the regulatory requirements for this new requirement.

***Additional Reference Links***