2.3 Copy Certifications & Special Notarial Acts

2.3 Copy Certifications & Special Notarial Acts

In addition to acknowledgments and jurats, Illinois notaries public are authorized to perform copy certifications and specialized acts such as signature by direction. Understanding the precise boundaries of these statutory powers—as well as strict prohibitions regarding vital records and public documents—is critical for compliant practice under the Illinois Notary Public Act (5 ILCS 312).

Copy Certification Authority & Operating Rules (5 ILCS 312/6-101)

A copy certification is a notarial act in which a notary public examines an original document and a copy of that document, determining that the copy is a full, true, unedited, and accurate reproduction of the original.

Mandatory Procedure for Copy Certification

To perform a lawful copy certification in Illinois:

1. Presentation of Original: The customer must present the original document directly to the notary. A notary can never certify a copy made from another copy.
2. Inspection for Recordability: The notary must inspect the document to ensure it is eligible for copy certification and is not a public record or vital statistic record.
3. Reproduction: The notary must either personally make the copy or directly supervise the copying process using a photocopier or scanner to ensure no alterations, additions, or redactions occur.
4. Comparison: The notary must carefully compare the original document line-by-line with the copy.
5. Certificate Attachment: The notary completes, signs, and seals an official certificate of copy certification on or attached to the copy.

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Strict Prohibitions on Copy Certification

Illinois notary law imposes strict limits on copy certification. A notary public is EXPLICITLY PROHIBITED from certifying copies of certain public and official documents.

PROHIBITED FROM NOTARIAL COPY CERTIFICATION:
- Vital Records: Birth Certificates, Death Certificates, Marriage Licenses, Divorce Decrees
- Official Recorded Documents: Recorded Real Estate Deeds, Mortgages, Court Orders
- Public Records Maintained by Government Custodians: Naturalization Certificates, Military Discharge Papers (DD-214) when held in official archives

Why Are Vital and Public Records Prohibited?

Under Illinois law, vital statistics records (issued by the County Clerk or the Illinois Department of Public Health - IDPH) and recorded land instruments (held by the County Recorder of Deeds) are official public records. Only the official custodian of records (e.g., the County Clerk or Registrar) has legal statutory authority to issue certified copies of these instruments. If a citizen needs a certified copy of a birth certificate or recorded deed, they must apply directly to the issuing government agency.

EXAM TIP: If an exam question asks whether an Illinois notary can certify a copy of an original Illinois birth certificate or a recorded county deed, the answer is always NO.

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Signature by Direction (14 Ill. Adm. Code 176.610)

When a person cannot physically sign a document and directs another individual (other than the notary) to sign the person's name, Illinois administrative rules under 14 Ill. Adm. Code 176.610 authorize a signature-by-direction notarization.

Statutory Procedure for Signature by Direction

1. Principal's direction: The person who cannot physically sign directs another person (not the notary) to sign that person's name on the document.
2. Dual personal appearance: Both the person who cannot physically sign and the person directed to sign must appear before the notary at the time of signing.
3. Identification: Both individuals must be identified under the applicable personal-appearance identity rules (5 ILCS 312/6-102(d), 6-102.5(a), or 6A-103(b) as applicable).
4. Certificate notation: Near the signature, the notary must type, print, or stamp language substantially similar to: "Signature affixed by (name of individual) at the direction of (name of person physically unable to sign) in accordance with 14 Ill. Adm. Code 176.610."

Exam clarification: Section 176.610 does not impose a separate two-disinterested-witness requirement. The critical controls are dual appearance of the disabled principal and proxy signer, proper identification, and the required certificate notation. Do not confuse this with older or out-of-state witness formulas.

Required Certificate Notation Example

Signature affixed by Alex Rivera at the direction of Jordan Lee
in accordance with 14 Ill. Adm. Code 176.610.

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Statewide Territorial Jurisdiction

Under Illinois notary law, an appointed notary public has statewide jurisdiction.

• Geographic Boundary: An Illinois notary public may perform notarial acts in any of the 102 counties within the border of the State of Illinois.
• Physical Boundary Limit: The notary's authority is strictly bounded by the state line. An Illinois notary CANNOT perform notarial acts while physically standing in another state (e.g., Indiana, Missouri, Wisconsin, or Iowa), even if notarizing an Illinois document for an Illinois resident.
• Venue Accuracy: The venue on the notary certificate must always state the exact Illinois county where the notary and principal are physically located at the precise moment the notarization occurs.

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Summary Comparison of Notarial Act Boundaries