5.1 Electronic Commission & Bond Tiers
Key Takeaways
- Effective January 1, 2024, Public Act 102-0160 requires a separate Electronic Notary Public Commission from the Illinois Secretary of State to perform electronic or remote notarizations.
- Application fees are $15 for a traditional commission, $25 to add an electronic commission to an existing commission, or $40 for a combined initial application.
- Under 5 ILCS 312/2-105, notaries performing electronic/remote acts must maintain a $25,000 electronic bond in addition to the $5,000 traditional bond, or a single $30,000 combined bond.
- Electronic notary applicants must complete a mandatory 3-hour approved course of study and pass a state examination covering both traditional and electronic notary laws.
5.1 Electronic Commission & Bond Tiers
Overview of Public Act 102-0160
Public Act 102-0160 fundamentally restructured the Illinois Notary Public Act (5 ILCS 312), introducing comprehensive statutory rules for electronic notarization and remote notarization effective January 1, 2024. Prior to this landmark legislation, Illinois strictly required physical presence and wet-ink signatures on paper instruments. Under Public Act 102-0160 and the accompanying administrative rules promulgated by the Illinois Secretary of State Index Department (14 Ill. Adm. Code 176), Illinois established a dual-commission framework and enhanced bonding tiers to safeguard consumer transactions in digital environments.
A traditional commission authorizes in-person paper notarizations. Electronic notarization (RON with electronic records) requires a separate Electronic Notary Public authorization and approved technology. By contrast, remote ink notarization (RIN) under 5 ILCS 312/6-102.5 may be performed by any commissioned notary public—no separate electronic notary commission is required—although performing remote or electronic acts by audio-video communication triggers the higher $25,000 / $30,000 bonding rules in 5 ILCS 312/2-105(b). Performing fully electronic notarial acts without electronic notary authority is unauthorized.
Commission Structure & Application Fees
The Illinois Secretary of State oversees notary commissions under 5 ILCS 312/2-101. To obtain an electronic notary commission, an applicant must be a commissioned traditional notary public in good standing or apply concurrently for both traditional and electronic commissions.
| Commission Type | Application Fee | Scope of Statutory Authority | Mandatory Educational Requirement |
|---|---|---|---|
| Traditional Notary Public | $15.00 | In-person paper notarization using physical seal and wet signature | 3-hour approved course & exam |
| Electronic Notary Addition | $25.00 | Electronic notarizations / RON (added to existing traditional commission) | 3-hour course & exam covering electronic rules |
| Combined Initial Application | $40.00 | Concurrent application for traditional and electronic notary public commissions | Integrated 3-hour course & exam covering traditional & electronic rules |
Under 5 ILCS 312/2-102, an electronic notary commission runs concurrently with the notary's traditional commission and expires on the exact same date. For Illinois residents, a traditional commission lasts four (4) years; for non-residents employed in Illinois, it lasts one (1) year.
Bond Requirements under 5 ILCS 312/2-105
To protect the public from financial loss resulting from official misconduct, negligence, or fraud, Illinois law enforces strict surety bond requirements under 5 ILCS 312/2-105. Public Act 102-0160 introduced a multi-tiered bonding system specifically tailored to the expanded liability profile of electronic and remote notarizations.
The Three Statutory Bonding Tiers
- Traditional Notary Only ($5,000 Bond): A notary who performs only traditional, in-person paper notarizations must maintain a $5,000 surety bond. This bond protects signers against financial harm caused by traditional notary errors or illegal acts.
- Supplemental Electronic Bond ($25,000 Additional Bond): A currently commissioned traditional notary who holds a $5,000 bond and subsequently applies for an electronic notary commission must post an additional $25,000 surety bond specifically dedicated to electronic and remote notarizations.
- Combined Bond ($30,000 Total Bond): An applicant seeking both traditional and electronic commissions (or renewing both) may obtain a single $30,000 combined bond. This unified bond satisfies the statutory obligations for both traditional paper acts and electronic/remote acts under a single policy instrument.
| Bond Option | Traditional Coverage | Electronic/Remote Coverage | Total Bond Amount | Application Scenario |
|---|---|---|---|---|
| Tier 1: Traditional Only | $5,000 | $0 (Not Authorized) | $5,000 | Standard paper-only notary public |
| Tier 2: Dual Bond Combination | $5,000 | $25,000 (Separate Policy) | $30,000 ($5,000 + $25,000) | Adding electronic commission to existing traditional commission |
| Tier 3: Single Combined Bond | Shared | Shared | $30,000 | Concurrent initial or renewal application covering all acts |
Important Exam Distinction: A surety bond is not insurance for the notary. The surety company pays damages to an injured consumer up to the face value of the bond, but the surety company retains full legal right of subrogation to recover every dollar paid from the notary personally. Notaries should obtain Errors and Omissions (E&O) insurance for personal indemnity protection.
Mandatory Course of Study & State Examination
Under 5 ILCS 312/2-101.5 and 14 Ill. Adm. Code 176.230, all initial applicants for an electronic notary public commission—as well as renewing electronic notaries—must complete a mandatory course of study approved by the Secretary of State and pass a state-administered examination.
Course & Examination Specifications
- Course Duration: The electronic notary course of study must comprise at least 3 hours of instruction.
- Curriculum Coverage: The curriculum must comprehensively cover both traditional notary law (5 ILCS 312) and electronic notarization regulations (14 Ill. Adm. Code 176), including electronic signatures, electronic seals, system provider approval, identity proofing, electronic journal maintenance, and audio-video recording retention.
- Provider Approval: The course must be delivered by an approved notary course provider registered with the Illinois Secretary of State Index Department.
- State Examination: Following completion of the 3-hour course, applicants must pass a final exam testing statutory knowledge. Proof of course completion and exam passage must be submitted alongside the application, bond, electronic seal sample, and registration fee.
Operational Readiness & Provider Registration
Before performing any electronic or remote notarial act, an electronic notary must register their chosen electronic notarization technology system provider with the Illinois Secretary of State. Under 14 Ill. Adm. Code 176.800, electronic notaries may only utilize system platforms that have been officially vetted and approved by the Secretary of State. Using an unapproved software system invalidates the notarial act and subjects the notary to administrative revocation and potential civil liability.
Under 5 ILCS 312/2-105, what is the required bond amount for a notary who performs both traditional paper notarizations and remote electronic notarizations using a single combined bond?
What is the application fee under Public Act 102-0160 when an existing commissioned traditional notary public applies to add an electronic notary public commission from the Illinois Secretary of State?
Which educational requirement must be completed by an applicant seeking an electronic notary public commission in Illinois?