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New Journal Requirement Expected in January 2023

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While the focus of the new notary regulations 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.

***Effective Date***

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.”

Of note, the proposed rules are set for hearing on January 10th (click here for Joint Committee on Administrative Rules Agenda), with the Secretary of State’s office indicating its intentions to officially adopt the rules within a week of the JCAR hearing and at the latest, by the end of January.

ILTA has requested confirmation from the Secretary of State prior to the filing of its adopted rule notice, which will be disseminated to association members immediately.

***New Notary Journal Overview***

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.

  • New journal requirements apply to all Illinois notaries, see Sec. 176.900(a)(1)
  • All journals must contain, see Sec. 176.900(a)(2):
    • Name of notary public;
    • Commission number
    • Commission expiration date
    • Office address of record
    • Confirming statement that in the event of death, journal to IL SOS
    • Define uncommon abbreviations or symbols
    • Notary’s signature
  • Required journal entries, see Sec. 176.910(b)
    • Name of principle
    • Name of each witness
    • Name of any other person signing for principal
    • Title or description of document notarized
    • Date of notarization
    • Whether in person, remotely, or electronically
    • Fee charged, if any
    • Physical location of notary and the principal
  • Prohibited journal entries, see Sec. 176.910(d)
    • Identification numbers (e.g. ID# or social security number)
    • Biometric identifier (e.g. fingerprint)
    • Financial account information
  • Electronic journals must be secure, unalterable or deletable, securely backed-up, see Sec. 176.900(c)

***Additional Reference Links***