Notary Act to Change

The new law will provide that for the period from June 1, 2009 until July 1, 2013 notaries will be required to create a notarial record (to be kept for seven years) of each act performed in connection with a document of conveyance. Notaries are authorized to charge up to $25 for notarial records required under this legislation. These records are not subject to inspection or copying under the Freedom of Information Act. The notarial record must contain:

1)    the date of the notarial act;

2)    the type, title or description of the document of conveyance being notarized, the PIN used to identify the residential real property for assessment or taxation purposes, and the common street address for the property;

3)    the signature, printed name and residence street address of each person whose signature is the subject of the notarial act and a certification by the person that the property is residential real property;

4)    a description of the satisfactory evidence reviewed by the notary to determine the identity of the person whose signature is the subject of the notarial act;

5)   the date of the notarization, the fee charged for the notarial act, the notary's home or business phone number, the notary's residence street address, the notary's commission expiration date, the correct legal name of the notary's employer or principal, and the business street address of the employer or principal;

6)     the notary public shall require the person signing the document of conveyance, including an agent acting on behalf of a principal under a duly executed power of attorney, to place his/her thumbprint on the notarial record.

RE: Notary Act to Change

Please be aware that the new changes to the Illinois Notary Public Act that are effective from June 1, 2009, to June 30, 2013, and require Notaries to create and file a "Notarial Record," apply only to certain documents of conveyance for residential real property located in Cook County. A Notarial Record need not be created for documents conveying property outside of Cook County. In addition, the new law stipulates that when the Notary is employed by a title company, a financial institution or a law firm, the Notarial Record must be handed over to the employer within 14 days; otherwise, it must be delivered to the Cook County Recorder. The Notary is not permitted to retain even a copy of the record.

Chuck Faerber, VP of Notary Affairs, National Notary Assn.

RE: Notary Act to Change

Chuck,

Thank you for that additional information.  Your imput is appreciated.