Section 176.700  Standards for Remote Notarial Acts Using Audio-Video Communication

a)         Pursuant to Section 3-107 of the Act, a notary performing a remote notarization shall maintain an accurate and reliable record of each remote notarial act performed by the notary public.

b)         Before performing a remote notarial act using audio-video communication, a remote notary public must confirm the identity of the remotely located principal by:

1)         Personal knowledge;

2)         The oath of a credible witness who personally knows the remotely located principal and who is personally known to the remote notary public; or

3)         Remote presentation by the remotely located principal of a government-issued identification credential that contains a photograph and the signature of the remotely located principal and otherwise conforms to the requirements of 5 ILCS 312/6-102.5(a)(3).

c)         If a remote notary public can neither determine that a credential presented by a remotely located principal is a valid identification of the remotely located principal nor match the physical features of the remotely located principal with the credential presented by the remotely located principal, the remote notary public must not take any further action to complete a remote notarial act by using that credential to confirm the identity of the remotely located principal.

d)         A remote notary public may perform a remote notarial act using audio-video communication only if the remote notary public and the remotely located principal agree to the performance of the remote notarial act using audio-video communication.

e)         Standards for Audio-Video Communication Technology.

1)         Communication technology, as defined in 5 ILCS 312/1-104, must provide synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the remote notary public and remotely located principal to see and speak with each other.  The process must provide a means for the remote notary public reasonably to confirm that a record presented for a notarial act is the same record in which the remotely located principal made a statement or on which the principal executed a signature.

2)         A remote notary public performing a remote notarial act using audio-video communication must verify that the communication technology is sufficient to protect the act and the recording of the act made under Section 176.710 and that any personally identifiable information disclosed during the performance of the remote notarial act is protected from unauthorized access, except as may be required to comply with the Act and Section 176.710(d), including unauthorized access to:

A)        the live transmission of the audio-video feeds;

B)        the methods used to perform identity verification; and

C)        the recorded audio-video communication that is the subject of the remote notarization.  

f)         If a remotely located principal must exit the workflow before completing the identity verification process, the remotely located principal must restart the identity verification process from the beginning.

g)         A remote notary public performing a remote notarization must identify a remotely located principal using the means specified in 5 ILCS 312/6-102.5(a).  Nothing in this Part shall prohibit a remote notary public from using enhanced identity verification. (i.e., dynamic knowledge-based assessments).

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