Public Act 98-0029 (IL)

Public Act 98-0029 (HB 2269); Effective Date: June 21, 2013


Statutes Amended: 5 ILCS 312/3-102, 3-104, and 6-102.


Amendments to the Notary Public Act: Statutory Requirements to Create a Notary Record Remain in Force until 2018


On June 1, 2009, the Illinois legislature initiated a three-year pilot program requiring every notary to create a notarial record for each residential real estate transaction they verify. The program applies to documents of conveyance transferring title to residential real property located in Cook County. Required in the notarial record is information about the persons and the property involved in the transaction, including some confidential information, such as the thumbprint/fingerprint of the signer. The program was implemented in response to rising mortgage frauds and mortgage foreclosures in the state. It was planned to cease on July 1, 2013, but on June 21, 2013, the Governor approved the law postponing the end date of the program to an additional five years. Under the new law, the program is enforced until July 1, 2018. Other changes are as follows:


5 ILCS 312/3-102: Repeals the requirement that a notary must sign a notary certificate and affix the rubber stamp seal with black ink.


5 ILCS 312/6-102: Subsection (d) provides three sources that a notary could rely upon to show “satisfactory evidence that a person is the person whose true signature is on a document.” As provided in subsection (d)(3), one of them is identification documents defined as “documents that are valid at the time of the notarial act, issued by a state agency, federal government agency, or consulate, and bearing the photographic image of the individual’s face and signature of the individual.” This definition was only going to be on the statute until July 1, 2013, but no such date appears under the new law. The definition remains in the new law without a limitation date.

Bill Number: 
HB 2269
Public Act or Public Law Number: 
PA 98-0029
By: ATG Underwriting Department | Posted on: Wed, 07/17/2013 - 11:22am