14 Ill. Adm. Code 176.900
Journal Requirements
Section 176.900Â Journal Requirements
a)Â Â Â Â Â Â Â Â Every
notary public, whether or not also an electronic notary public, must record
each notarial act in a journal at the time of notarization to comply with 5
ILCS 312/3-107 and this Subpart J.
b)Â Â Â Â Â Â Â Â Each
journal of a notary public, whether maintained on a tangible medium or in an
electronic format, must contain all of the following information in any order:
1)Â Â Â Â Â Â Â Â The name of the notary
public as it appears on the commission;
2)Â Â Â Â Â Â Â Â The notary public's
commission number;
3)Â Â Â Â Â Â Â Â The notary public's
commission expiration date;
4)Â Â Â Â Â Â Â Â The notary public's
office address of record with the Secretary of State;
5)Â Â Â Â Â Â Â Â A
statement that, upon the death or adjudication of incompetency of the notary
public, the notary public's personal representative or guardian or any other
person knowingly in possession of the journal must deliver or mail it to the
Secretary of State;
6)Â Â Â Â Â Â Â Â The
meaning of any abbreviated word or symbol used in recording a notarial act in
the notarial journal; and
7)Â Â Â Â Â Â Â Â The signature of the
notary public.
c)Â Â Â Â Â Â Â Â If a
notary public's name, commission expiration date, or address changes before the
notary public stops using the notarial journal, the notary public shall add the
new information after the old information and the date on which the information
changed.
d)Â Â Â Â Â Â Â Â An
electronic journal kept by a notary public or an electronic notary public under
5 ILCS 312/3-107 must comply with the requirements of subsections (a) and (b)
and must also:
1)Â Â Â Â Â Â Â Â Prohibit
the electronic notary public or any other person from deleting a record
included in the electronic journal or altering the content or sequence of such
a record after the record is entered into the electronic journal except to
redact personally identifiable information as required by Section 176.910(d);
2)Â Â Â Â Â Â Â Â Be
securely backed up by the electronic notary public and the electronic
notarization system provider whose electronic notarization system was used by
the electronic notary, if applicable; and
3)Â Â Â Â Â Â Â Â Omit
all personally identifiable information, as defined in Section 176.10.
e)Â Â Â Â Â Â Â Â A
notary public shall allow for the inspection of the journal or electronic
journal as required by Section 176.950.
f)Â Â Â Â Â Â Â Â Notwithstanding
any other subsection of this Part to the contrary, a notary employed by an
attorney or law firm is not required to keep a journal of notarizations
performed during the notary's employment if the attorney or law firm maintains
a copy of the documents notarized. No attorney or law firm shall be required
to violate attorney-client privilege by allowing or authorizing inspection of
any notarizations that are recorded in a notary's journal. Journals of
notarizations performed solely within the course of a notary's employment with
an attorney or law firm are the property of the employing attorney or firm.
g)Â Â Â Â Â Â Â Â No
notary public nor electronic notary public is required to keep or maintain a
journal or otherwise record a notarial act or electronic notarial act in a
journal if that act is performed by or on behalf of a candidate for public
office and includes one or more of the following documents:
1)Â Â Â Â Â Â Â Â nominating
petitions;
2)Â Â Â Â Â Â Â Â petitions
of candidacy;
3)Â Â Â Â Â Â Â Â petitions
of nominations;
4)Â Â Â Â Â Â Â Â nominating
papers; or
5)Â Â Â Â Â Â Â Â nomination
papers. (See 5 ILCS 312/3-107.)
h)
The
exemption under subsection
(g)
applies regardless of whether the
notarial act or electronic notarial act is performed on the documents described
in subsection
(g)
before, on, or after the effective date of the
amendatory Act of the 103
rd
General Assembly, and the failure of a
notary public or an electronic notary public to keep a journal of or to
otherwise record such an act does not affect the validity of the notarial act
on that document and is not a violation of
the
Act
. [5 ILCS
312/3-107]