What is required for remote notarization in Illinois?
Remote notarization has become increasingly popular, especially in the wake of the COVID-19 pandemic, which has forced many to conduct their legal and official matters from the comfort of their homes. Illinois, like many other states, has adapted to this new normal by legalizing remote notarization. However, to ensure that the process is secure and compliant with state laws, certain requirements must be met. In this article, we will discuss the essential criteria for remote notarization in Illinois.
1. Valid Illinois Notary Public
The first requirement for remote notarization in Illinois is that the notary public must be a valid and licensed Illinois notary. This means that the notary must have successfully completed the required training, passed the examination, and been commissioned by the Illinois Secretary of State. A valid Illinois notary public is recognized across the state and is authorized to perform notarial acts.
2. Secure Technology Platform
To conduct remote notarization, the notary must use a secure technology platform that meets the requirements set forth by the Illinois Notary Public Act. This platform must have the following features:
– Video conferencing capabilities to enable real-time, face-to-face communication between the notary and the principal (the person seeking the notarization).
– Audio capabilities to ensure clear communication between all parties.
– A method for verifying the identity of the principal, such as through government-issued identification.
– A method for securely storing and transmitting the notarized document.
– A method for logging the notarization process, including the date, time, and location of the notarization.
3. Principal’s Presence
For remote notarization to be valid in Illinois, the principal must be physically present in the state at the time of the notarization. This requirement ensures that the principal is accessible to the notary in case any issues arise during the process.
4. Two-Way Audio and Video Communication
To facilitate effective communication and ensure the integrity of the notarization process, the notary and the principal must maintain two-way audio and video communication throughout the notarization. This requirement helps to prevent fraud and ensures that the principal is fully aware of the document being notarized.
5. Compliance with Illinois Notary Public Act
Lastly, the remote notarization process must comply with all provisions of the Illinois Notary Public Act. This includes adhering to the rules and regulations governing notarial acts, such as the proper execution of oaths and affirmations, and the accurate recording of the notarization.
In conclusion, remote notarization in Illinois requires a valid Illinois notary public, a secure technology platform, the principal’s presence in the state, two-way audio and video communication, and compliance with the Illinois Notary Public Act. By meeting these requirements, individuals and businesses can enjoy the convenience and security of remote notarization while ensuring that their legal documents are valid and enforceable.
