Illinois Assembly Sends Notary Bill To Governor
  Posted: Jul 01 2008 | Illinois | Print Article |

On June 27, the Illinois General Assembly sent a bill amending the state's Notary Public Act to Gov. Rod R. Blagojevich for his signature. The proposed effective date of the bill is July 1.

Senate Bill 546 describes the manner in which a notary must sign each notary certificate. At the time of notarization, a notary must sign the certificate and affix his or her rubber stamp seal clearly and legibly, using black ink, so the impression is capable of photographic reproduction.

The bill also requires that a paper or electronic form must be completed and retained for each notarial act relating to real property in Cook County, specifies the contents of the form and who may inspect the form, and permits a fee of up to $25 for each notarial act relating to real property in Cook County. The Cook County recorder of deeds must retain the completed forms which are exempt from requirements of public disclosure.

The form, called a Notarial Record, must accompany any documents, such as court orders or deeds, used to convey real property. The Notarial Record must contain the date of the notarial act; the type, title or a description of the document of conveyance; the Property Index Number (PIN) used to identify the real property for tax purposes; and the common street address of the real property. The Notarial Record also must contain the signature, printed name and street address of each signer, along with a certification by the grantor that the real property identified in the Notarial Record is residential real property.

The Notarial Record must include the fee charged for the notarial act, the notary's home or business telephone number and residence street address, the notary's commission expiration date, and the correct legal name and street address of the notary's employer or principal. Finally, the Notarial Record must include a description of the means of identification used by the signer, and the signer's right thumbprint. If the right thumbprint is not available, the left thumb or another finger may be used, and an explanation of the physical condition of the signer must be provided. The notary may obtain the thumbprint by any means that reliably captures the image of the finger in a physical or electronic medium.

If the notary works for a title insurance company or agent, financial institution or attorney at law, the Notarial Record must be delivered within 14 days of the performance of the notarial act, for retention for seven (7) years as part of the business's records. All other Notarial Records must be delivered to the Cook County recorder of deeds, accompanied by a $5 filing fee. No copies of the original Notarial Record may be made or retained by the notary. A notary fee of up to $25 may be charged.

These changes apply to real estate transactions only until July 1, 2011.

Senate Bill 546 also amends the state's Freedom of Information Act to make conforming changes regarding the security and disclosure of information on the Notarial Record.

Read the entire bill and its legislative history on the Illinois General Assembly Web site.

Read more about Senate Bill 546

Illinois Passes Real Property Electronic Recording Act
  Posted: Aug 31 2007 | Illinois | Print Article |

Gov. Rod R. Blagojevich signed the Senate Bill 319 on Aug.27, creating the state's Uniform Real Property Electronic Recording Act. The Act authorizes county recorders to record electronic documents but to do so in compliance with the standards of a newly-formed Illinois Electronic Recording Commission. Any requirement for land records to be an original, on paper or other tangible medium, or in writing is satisfied by an electronic document satisfying the requirements of the Act. The new act took effect immediately.