1.2 Commissioning Authority & Application Process

1.2 Commissioning Authority & Application Process

The commissioning of a Notary Public in Illinois is a formal administrative process regulated by statute under Article II of the Illinois Notary Public Act (5 ILCS 312/2-101 et seq.). This section examines the exclusive authority of the Secretary of State, statutory fee structures, mandatory surety bond obligations, application filing procedures, the official Oath of Office, and issuance of the commission certificate used to obtain an official seal.

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Sole Commissioning Authority

Under 5 ILCS 312/2-101, the Illinois Secretary of State Index Department (headquartered in Springfield, Illinois) serves as the sole statutory authority empowered to appoint, commission, suspend, or revoke Notaries Public across the state. No local municipal government, county board, or judicial body possesses the legal authority to grant a notary public commission in Illinois.

The Index Department maintains the official register of all commissioned traditional and electronic notaries, processes initial and renewal applications, collects state filing fees, monitors compliance, and conducts administrative enforcement proceedings.

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Statutory Application Procedures & Fees

Applicants seeking a notary public commission must submit a completed official application on forms prescribed by the Secretary of State, accompanied by verified supporting documents and mandatory state fees.

State Filing Fee Structure

The statutory filing fee schedule mandated by the Illinois Secretary of State is structured as follows:

• Traditional Notary Public Commission: $15.00 filing fee.
• Combined Traditional & Electronic Notary Public (ENP) Authorization: $40.00 total filing fee.

Applicants applying for electronic notary authorization must apply concurrently or possess an active traditional commission. Fees are non-refundable and cover administrative processing for the duration of the commission term.

Required Application Documentation

A complete application packet submitted to the Secretary of State Index Department must include:

1. Personal & Background Information: Full legal name, date of birth, residential address, business address, and driver's license or state ID number.
2. Proof of Mandatory Education & Exam: An official Certificate of Completion demonstrating passage of an approved 3-hour course and exam (or attorney/judge exemption attestation).
3. Executed $5,000 Surety Bond: Original penal bond issued by an authorized surety company.
4. Executed Oath of Office: A sworn, notarized statement affirming support of the U.S. and Illinois Constitutions.
5. Sample Signature & Impression: A true copy of the applicant's official signature as it will appear on notarized documents.

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Mandatory $5,000 Surety Bond Requirement

Pursuant to 5 ILCS 312/2-105, every applicant for a traditional Notary Public commission must execute and file a $5,000 surety bond issued by an insurance or surety company qualified to execute bonds in Illinois.

Purpose and Legal Nature of the Bond

A critical concept frequently emphasized on the notary exam is the legal purpose of a surety bond:

• Public Protection: The surety bond is required for the protection of the general public against financial loss resulting from the notary's official misconduct, negligence, errors, or fraud.
• Not Insurance for the Notary: A surety bond is NOT Errors and Omissions (E&O) insurance. If a surety company pays a claim to an injured member of the public due to a notary's unlawful action or omission, the surety company has full legal right of subrogation to seek complete reimbursement from the notary personally.

Bond Duration & Electronic Notary Bond Supplement

• The bond must remain in full force and effect for the entire duration of the commission term (4 years for residents, 1 year for non-residents).
• Electronic Notary Bond Requirement: Applicants seeking Electronic Notary Public (ENP) authorization must post an additional $25,000 bond, bringing their total combined surety bond coverage to $30,000.

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Commission Certificate & Beginning to Notarize (Current Law)

5 ILCS 312/2-106 (County Clerk recordation) has been repealed. There is no current requirement to record a new commission with a County Clerk or to register a signature in a County Clerk book as a condition of commissioning.

Under 14 Ill. Adm. Code 176.550, after the Secretary of State appoints the applicant, the Index Department sends a commission certificate. The notary may begin notarizing only after the commission has been issued. Vendors may issue an official rubber-stamp seal only upon presentation of that commission certificate.

Current Post-Approval Workflow

1. Secretary of State appointment: Index Department reviews the application, bond, oath, and course certificate, then issues the commission.
2. Receive commission certificate: Keep the certificate; it is the authorization document vendors require before cutting a compliant seal.
3. Obtain seal & journal: Purchase a seal meeting 14 Ill. Adm. Code 176.520 (including Commission No.) and a journal meeting Part 176 Subpart J.
4. Begin notarizing: Authority starts when the commission is issued—not when a bond company prints a bond effective date, and not after any county filing.

Exam trap: Older study materials still describe County Clerk recordation under former Sec. 2-106. That step is repealed. Current law centers on Secretary of State commissioning and the commission certificate.