Section 176.940  Custody and Control of the Journal and Notification of a Lost, Compromised, Destroyed, or Stolen Journal

a)         The notary public must maintain custody and control of the journal at all times during the term of the notary public's commission.  When not in use, the journal must be kept in a secure location and accessible only to the notary public.  A secure location includes the notary public's sole possession or a locked location to which only the notary public has access.

b)         Notification of a lost, compromised, destroyed, or stolen journal under 5 ILCS 312/3-107 must be made in writing or electronically the next business day after the date the notary public or personal representative or guardian discovers the loss or theft of the journal.  The notification must include all of the following:

1)         A statement of whether the journal is lost, compromised, destroyed, or stolen;

2)         An explanation of how the journal became lost, compromised, destroyed, or stolen;

3)         The date the notary public discovered that the journal was lost, compromised, destroyed, or stolen;

4)         A statement that the journal has been destroyed or that the notary public does not possess the journal and does not know who possesses it or where it is located; and

5)         A statement that, if the notary public subsequently acquires possession of the lost or stolen journal, the notary public shall file a written statement with the Secretary of State within 10 business days after the date the notary public reacquires possession of the lost or stolen journal, including a written explanation of how the journal was recovered.

(Source:  Added at 47 Ill. Reg. 8640, effective June 5, 2023)