Illinois Notary Public Act (P.A. 91-0818)

Public Act 91-0818, effective June 13, 2000, amended five sections of the Illinois Notary Public Act. 5 ILCS 312/1 et seq. The changes expand the appointment power of the Secretary of State. 5 ILCS 312/2-101. The expansion allows the Secretary of State to appoint non-Illinois residents as Illinois notaries public for one year terms if they meet the following conditions: (1) the person is a resident of a state that borders Illinois; (2) he or she has a place of work or business that is within an Illinois county; and (3) the laws of the person's home state permit Illinois residents to be authorized as notaries public in that state.

Modifications were made to four subsequent sections to accord with the expansion. First is a change to the application section of the Act. 5 ILCS 312/2-102. Illinois applicants are to state on their application for notary appointment the county in which they reside and to stipulate that they have resided within Illinois for 30 days prior to the application. Applicants from states bordering Illinois are to indicate the county in Illinois in which their principal place of work or business is located and stipulate that they have worked or maintained a business in Illinois for 30 days prior to the application. When the commission is recorded with the county clerk, the appointment of the notary public is complete. The Secretary of State will forward the applicant's commission to the county clerk in the county in which the applicant resides or, if an out-of-state applicant, the Illinois county in which their principal place of work or business is located. 5 ILCS 312/2-106. As long as the notary resides in the county of their commission or, if an out-of-state resident, their principal place of work or business remains in the county of their commission, the notary retains the authority to perform notarial acts throughout the state of Illinois for the length of the term. 5 ILCS 312/3-105. Finally, if the notary changes his or her name or moves from their county of commission or, if an out-of-state resident, no longer maintains their principal place of work or business in the county of commission, the commission will cease to be in effect and should be returned to the Secretary of State until one can reapply for commission. 5 ILCS 312/4-101.

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