(5 ILCS 312/Art. II heading)
ARTICLE II
APPOINTMENT PROVISIONS
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(5 ILCS 312/2-101) (from Ch. 102, par. 202-101)
Sec. 2-101.
Appointment.
The Secretary of State may appoint and commission as notaries public for
a 4-year term as many persons resident in a county in this
State as he deems
necessary.
The Secretary of State may appoint and commission as notaries public for a
one-year term as many persons who are residents of a state bordering Illinois
whose place of work or business is within a county in this State as the
Secretary deems necessary, but only if the laws of that state authorize
residents of Illinois to be
appointed and commissioned as notaries public in that state.
(Source: P.A. 91-818, eff. 6-13-00.)
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(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)
Sec. 2-102. Application. Every applicant for appointment and commission as a notary shall complete
an application form furnished by the Secretary of State to be filed with
the Secretary of State, stating:
(a) the applicant's official name, which contains his or her last name
and at least the initial of the first name;
(b) the county in which the applicant resides
or, if the applicant is a resident of a state bordering Illinois, the county
in Illinois in which that person's principal place of work or principal place
of business is located;
(c) the applicant's residence address and business address, if any, or
any address at which an applicant will use a notary public commission to
receive fees;
(d) that the applicant has resided in the State of Illinois for 30 days
preceding the application
or that the applicant who is a resident of a state bordering Illinois has
worked or maintained a business in Illinois for 30 days preceding the
application;
(e) that the applicant is a citizen of the United States or an alien
lawfully admitted for permanent residence in the United States;
(f) that the applicant is at least 18 years of age;
(g) that the applicant is able to read and write the English language;
(h) that the applicant has never been the holder of a notary public appointment that was revoked or suspended
during the past 10 years;
(i) that the applicant has not been convicted of a felony; and
(j) any other information the Secretary of State deems necessary.
(Source: P.A. 93-1001, eff. 8-23-04.)
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(5 ILCS 312/2-103) (from Ch. 102, par. 202-103)
Sec. 2-103.
Appointment Fee.
Every applicant for appointment and commission as a notary public shall
pay to the Secretary of State a fee of $10.
(Source: P.A. 85-1396.)
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(5 ILCS 312/2-104) (from Ch. 102, par. 202-104)
Sec. 2-104.
Oath.
Every applicant for appointment and commission as a
notary public shall take the following oath in the presence of a person
qualified to administer an oath in this State:
"I, (name of applicant), solemnly affirm, under the penalty
of perjury, that the answers to all questions in this application are true,
complete, and correct; that I have carefully read the notary law of this
State; and that, if appointed and commissioned as a notary public, I will
perform faithfully, to the best of my ability, all notarial acts in
accordance with the law.
................. (Signature of applicant)
Subscribed and affirmed before me on (insert date).
................... (Official signature and official seal of notary)".
(Source: P.A. 91-357, eff. 7-29-99.)
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(5 ILCS 312/2-105) (from Ch. 102, par. 202-105)
Sec. 2-105.
Bond.
Every application for appointment and commission as a notary public shall
be accompanied by an executed bond commencing on the date of the appointment
with a term of 4 years, in the sum of $5,000, with, as surety thereon, a
company qualified to write surety bonds in this State. The bond shall be
conditioned upon the faithful performance of all notarial acts in
accordance with this Act. The Secretary of State may prescribe an official bond form.
(Source: P.A. 84-322.)
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(5 ILCS 312/2-106) (from Ch. 102, par. 202-106)
Sec. 2-106.
Appointment Recorded by County Clerk.
The appointment of the applicant as a notary public is complete when the
commission is recorded with the county clerk.
The Secretary of State shall forward the applicant's commission to the
county clerk of the county in which the applicant resides
or, if the applicant is a resident of a state bordering Illinois, the county
in Illinois in which the applicant's principal place of work or principal place
of business is located.
Upon receipt
thereof, the county clerk shall notify the applicant of the action taken by
the Secretary of State, and the applicant shall either appear at the
county clerk's office to record the same and receive the commission or
request by mail to have the commission sent to the applicant with a
specimen signature of the applicant attached to the request. The applicant
shall have a record of the appointment, and the time when the commission
will expire, entered in the records of the office of the county clerk. When
the applicant appears before the county clerk, the applicant shall pay a
fee of $5, at which time the county clerk shall then deliver the commission
to the applicant.
If the appointment is completed by mail, the applicant shall pay the
county clerk a fee of $10.00, which shall be submitted with the request to
the county clerk. The county clerk shall then record the appointment and
send the commission by mail to the applicant.
If an applicant does not respond to the notification by the county
clerk within 30 days, the county clerk shall again notify the applicant
that the county clerk has received the applicant's notary public commission
issued by the Secretary of State. The second notice shall be in
substantially the following form:
"The records of this office indicate that you have not
| | picked up your notary public commission from the Office of the County Clerk.
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The Illinois Notary Public Law requires you to appear in
| | person in the clerk's office, record your commission, and pay a fee of $5.00 to the county clerk or request that your commission be mailed to you. This request must be accompanied by a specimen of your signature and a $10.00 fee payable to the county clerk.
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Your appointment as a notary is not complete until the
| | commission is recorded with the county clerk. Furthermore, if you do not make arrangements with the clerk for recording and delivery of your commission within 30 days from the date of this letter, the county clerk will return your commission to the Secretary of State. Your commission will be cancelled and your name will be removed from the list of notaries in the State of Illinois.
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I should also like to remind you that any person who
| | attests to any document as a notary and is not a notary in good standing with the Office of the Secretary of State is guilty of official misconduct and may be subject to a fine or imprisonment".
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The Secretary of State shall cancel the appointment of all notaries
whose commissions are returned to his office by the county clerks. No
application fee will be refunded and no bonding company is required to
issue a refund when an appointment is cancelled.
(Source: P.A. 91-818, eff. 6-13-00.)
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