Remote Notarizations Permitted Under New Illinois Law

August 27, 2021

On July 26, 2021, SB2664 was signed into law by Governor J.B. Pritzker as Public Act 102-160. This major revision of the Illinois Notary Public Act  (“INPA”) authorizes the use of both Remote Ink Notarizations (“RIN”) and Remote Online Notarizations (“RON”) in real estate transactions. The INPA sets forth the details required for the notary to use audio/visual communication. The legislation is to be effective the later of either the filing of administrative rules by the Illinois Secretary of State or January 1, 2022.

Simultaneously with the passage of Public Act 102-160, Public Act 102-167 (Electronic Wills and Remote Witnesses Act (“EWRWA”) became law and includes Section 15-20 regarding remote notarization during the COVID-19 emergency declaration. The EWRWA continues the provisions of the Governor’s Executive Order 2020-14, effective March 26, 2020, authorizing RIN. Public Act 102-167 is effective immediately and ends 30 days after the expiration of the Governor’s emergency declaration regarding COVID-19.

“I was convinced this was a step to update a process many people use but sometimes can’t find a notary nearby,” Senator Linda Holmes (D-Aurora) said. “Over the past year, the need for a convenient, protected method for notarization for businesses and consumers became even more obvious.”

With remote notarization, a signer appears before the notary using audio-visual technology over the internet instead of being present in the same room. Documents are uploaded and sent to the signer, the authentication process occurs, then the notary joins the signer for a two-way audio/video session which is recorded, and copies of the executed documents are returned to the parties involved.

With remote notarizations now allowed, business will not be held up due to COVID-19 precautions and can proceed as usual with the assistance of modern technology. The INPA and EWRWA will allow for greater flexibility and ease of access to notaries without exposing individuals to people whom they do not normally meet.

For more information on how this could affect you or your business, please contact the attorneys at Rock Fusco & Connelly, LLC.