Please keep in mind that the RECEIVING PARTY MUST BE IN AGREEMENT with receiving this type of notarization. Whether it is a simple affidavit or a title document; title underwriters, agents, and financial institutions you work with will need to be in agreement on the technology being used and related security compliance procedures.
On July 23, 2021, the governor signed Senate Bill 2664, permanently authorizing notarizes public commissioned in the state to remotely notarize electronic documents. This bill will go into effect once the Office of the Secretary of State has adopted the rules necessary to implement the Act.
Illinois remote online notarization laws:
Yes. "Both the notary and the customer must be physically present in the State of Illinois at the time the remote notarization is performed" (see Guidance, Requirements Paragraph No. 2); ""Notary" means a person who is authorized to perform notarial acts such as taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature as provided in 6-101 of the Illinois Notary Pubic Act." (see Guidance, Definitions) (additional note: no reference is made in EO 2020-14 or Guidance to the recognition of out of state electronic or remote notarizations consistent with paragraph 2 of Section 20 of the Illinois Conveyances Act, 765 ILCS 5)
The answer is "NO." Any documents remotely notarized during the term of Executive Order 2020-14, shall be deemed valid and treated as if the document had been notarized via in-person transaction." (see Guidance, Requirements Paragraph No. 8) However, we reserve the right to not do these types of documents . We do not do Quit Claim Deeds or T.O.D. documents virtually. We only do curbside notary services or in-person services for this type of document. We follow the CDC's guidelines for safe distancing.
You must meet all of these requirements:
Issued by the Governor March 26, 2020
Filed by the Secretary of State March 26, 2020
Read the order here: Illinois Executive Order 2020-14
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