New Illinois Legislation Passed Regarding Remote Notarization

EDITOR'S NOTE: See the August update.

Hot Topic (originally posted July 29, 2021):

Public Act 102-160 | Illinois Notary Public Act Revision

On July 26, 2021, SB2664 was signed into law as Public Act 102-160. This major revision of the Illinois Notary Public Act authorizes the use of both RIN (Remote Ink Notarizations) and RON (Remote Online Notarizations) in real estate transactions. Real estate practitioners and notaries are invited to review Section 6-102.5, which sets forth the details required for the notary to use audio/visual communication.

Effective Date: The legislation is to be effective the later of either the filing of administrative rules by the Illinois Secretary of State or January 1, 2022. The Secretary of State’s office may take some time to file the administrative rules. Watch your email for updates from ATG.

Once the statute becomes effective, RIN and RON transactions will likely become very common.

ATG Illinois Agents: ATG cannot accept RIN or RON transactions until the new administrative rules are in place. Our previous post is still in effect: ATG Suspends Insuring Transactions Involving Electronic Notarization. We welcome your questions, please Contact an Underwriter.

Public Act 102-167 | Electronic Wills and Remote Witnesses Act

In addition, SB0730, the Electronic Wills and Remote Witnesses Act, was signed into law as Public Act 102-167 on July 26, 2021. Section 15-5 of the statute authorizes remote witnessing in documents other than wills. Please review Section 15-20 for information regarding remote notarization during the COVID-19 emergency declaration.

Effective Date: The legislation is effective immediately.

For more information about new and pending legislation, visit the Illinois General Assembly.

Posted on: Thu, 07/29/2021 - 9:58am