How To Become A Notary In Illinois

1. Understand the Eligibility Requirements

Before you begin the application process, ensure you meet the basic eligibility requirements set forth by the Illinois Secretary of State. To be eligible for a Notary Public commission in Illinois, you must:

• Be at least 18 years of age.
• Be a resident of Illinois or maintain a principal place of business in Illinois.
• Be able to read and write English.
• Not be disqualified under 5 ILCS 312/2-102 (e.g., convicted of a felony involving moral turpitude).

2. Complete the Mandatory Notary Public Training

Illinois law mandates that all first-time applicants for a notary commission complete a three-hour training course approved by the Secretary of State. This training covers Illinois notary law, ethical responsibilities, and best practices for performing notarial acts.

• Finding an Approved Training Provider: The Illinois Secretary of State’s website maintains a list of approved training providers. Choose a provider that best fits your schedule and learning style (online or in-person).
• Training Content: Expect the training to cover topics such as:
  • Types of notarial acts (acknowledgements, oaths, affirmations, etc.)
  • Proper identification procedures.
  • Record-keeping requirements.
  • Liability and penalties for misconduct.
• Certificate of Completion: Upon successful completion of the training, you will receive a certificate. You must include this certificate with your notary application.

3. Obtain a Surety Bond

Illinois requires all Notaries Public to obtain a surety bond in the amount of $5,000. This bond protects the public from financial loss due to any errors or omissions you might make while performing your duties.

• What is a Surety Bond? A surety bond is a three-party agreement. You (the Notary Public) are the principal, the surety company guarantees your faithful performance, and the State of Illinois (representing the public) is the obligee.
• Finding a Surety Bond Provider: Several insurance companies and surety bond agencies offer notary bonds. Shop around to compare prices and find a reputable provider. Many providers also offer Errors & Omissions (E&O) insurance (discussed below).
• Bond Term: The bond term typically aligns with the four-year term of your notary commission.

4. Complete and Submit the Notary Public Application

After completing the training and obtaining your surety bond, you can complete the official Notary Public application. The application is available on the Illinois Secretary of State’s website.

• Application Information: The application will require:
  • Personal information (name, address, date of birth).
  • Business information (if applicable).
  • Affirmation of qualifications.
  • Copy of your training certificate.
  • Copy of your surety bond.
  • Signature and date.
• Application Fee: There is a non-refundable application fee. Refer to the Secretary of State’s website for the current fee amount.
• Submission: Submit the completed application, along with all required documentation and the application fee, to the Illinois Secretary of State’s office. You can typically submit the application online or by mail.

5. Receive Your Notary Public Commission

Once the Secretary of State approves your application, you will receive your official Notary Public commission certificate. This certificate authorizes you to perform notarial acts in the State of Illinois for a term of four years.

• Review Your Commission: Carefully review your commission certificate to ensure all information is accurate (especially your legal name). Report any errors to the Secretary of State immediately.
• Keep Your Commission Secure: Store your commission certificate in a safe place. You will need it for renewing your commission in the future.

6. Obtain Your Notary Seal and Journal

While not explicitly required by law (except for electronic notarization, which requires an electronic seal), it is strongly recommended that every Illinois Notary Public obtain a notary seal (stamp) and maintain a journal of notarial acts.

• Notary Seal (Stamp): The seal should contain your name as it appears on your commission, the words “Notary Public,” and “State of Illinois.” It should be a rubber stamp or embosser that creates a clear and legible impression. The law requires an electronic seal if you plan to perform electronic notarizations.
• Notary Journal: A notary journal is a record of all notarial acts you perform. It provides a valuable audit trail and can help protect you from liability. The journal should include:
  • Date and time of the notarial act.
  • Type of notarial act (acknowledgement, oath, etc.).
  • Name and address of the person whose signature was notarized.
  • Type of identification presented.
  • Fee charged.
  • Signature of the person whose signature was notarized.
• Securing Your Seal and Journal: Keep your seal and journal in a secure location to prevent unauthorized use.

7. Understand Your Duties and Responsibilities

As an Illinois Notary Public, you have a legal and ethical responsibility to perform your duties with integrity and diligence.

• Proper Identification: Always verify the identity of the person whose signature you are notarizing by requiring them to present satisfactory evidence of identity. Acceptable forms of identification include a valid driver’s license, state-issued identification card, or passport.
• Personal Appearance: The individual signing must personally appear before you at the time of notarization.
• Acknowledgement of Signature: Ensure the person understands the document they are signing and is doing so willingly.
• Accurate Record-Keeping: Maintain a complete and accurate record of all notarial acts in your journal.
• Impartiality: You cannot notarize your own signature or the signature of a close relative (spouse, child, parent, sibling).
• Continuing Education: Although not mandated by law after the initial training, staying informed about changes to Illinois notary law and best practices is highly recommended.

8. Consider Errors & Omissions (E&O) Insurance

While the surety bond protects the public, Errors & Omissions (E&O) insurance protects you from financial loss if you make a mistake while performing a notarial act.

• What is E&O Insurance? E&O insurance is a type of professional liability insurance that covers claims arising from negligence or errors in your notarial services.
• Why Get E&O Insurance? Even with the best intentions, mistakes can happen. E&O insurance can help cover legal fees, settlements, and judgments if you are sued.
• Finding an E&O Insurance Provider: Many insurance companies that offer notary bonds also offer E&O insurance. Compare policies to find the coverage that best meets your needs.

9. Renewing Your Notary Public Commission

Your Illinois Notary Public commission is valid for four years. To continue performing notarial acts, you must renew your commission before it expires.

• Renewal Requirements: The renewal process is similar to the initial application process. You will need to complete a renewal application, obtain a new surety bond, and pay a renewal fee. As of January 1, 2024, you do not need to retake the 3-hour training course to renew your commission.
• Renewal Timeline: You can typically begin the renewal process several months before your commission expires. The Secretary of State’s office will usually send you a reminder notice.

Cost Breakdown: Becoming an Illinois Notary

Here’s a table estimating the costs associated with becoming a Notary Public in Illinois. Keep in mind that prices can vary depending on the provider you choose.

Pro Tips for Illinois Notaries Public

• Stay Updated on the Law: Illinois notary law is subject to change. Regularly check the Secretary of State’s website for updates and amendments.
• Maintain a Separate Business Account: If you plan to charge fees for your notary services, consider opening a separate bank account to manage your notary income and expenses.
• Market Your Services: Let people know you are a Notary Public! Create business cards, list your services online, and network with local businesses and organizations.
• Be Professional: Always dress professionally and conduct yourself with integrity and respect.
• Refuse Questionable Requests: If you have any doubts about the legality or ethics of a notarization request, refuse to perform the notarial act. It’s better to be safe than sorry.
• Consider Electronic Notarization: Illinois allows electronic notarization. While there is a learning curve and some upfront costs (for technology and an electronic seal), it can significantly expand your service offerings and reach.

Becoming a Notary Public in Illinois is a valuable service that can benefit your community and enhance your career opportunities. By following the steps outlined in this guide and adhering to the highest ethical standards, you can become a successful and respected Notary Public.

Frequently Asked Questions

How much does it cost to become a notary public in Illinois?

The total cost to become a notary in Illinois ranges from $245 to $495. This includes the mandatory training, surety bond, application fee, notary seal, journal, and optional E&O insurance. Prices vary by provider.

How long does it take to become a notary public in Illinois?

The time it takes to become a notary varies, but it generally takes 2-4 weeks. This includes completing the 3-hour training, obtaining a surety bond, submitting the application, and receiving your commission certificate.

Is it difficult to become a notary public in Illinois?

Becoming a notary public in Illinois is a relatively straightforward process. The requirements are clearly outlined by the Secretary of State, and the mandatory training provides the necessary knowledge. As long as you meet the eligibility criteria and follow the steps carefully, the process is not considered difficult.