HB4958ham001 94TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 2/15/2006

09400HB4958ham001 LRB094 16639 JAM 55876 a

AMENDMENT TO HOUSE BILL 4958

AMENDMENT NO. ______. Amend House Bill 4958 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Notary Public Act is amended by changing Sections 1-104, 2-102, 2-103, 2-105, 3-101, 3-102, 3-104, 6-101, 6-102, 6-104, 7-105, 7-106, 7-107, 7-108, and 7-109 and by adding Section 2-107 as follows:

(5 ILCS 312/1-104) (from Ch. 102, par. 201-104)

Sec. 1-104. Notary Public and Notarization Defined.

(a) The terms "notary public" and "notary" are used interchangeably to mean any individual appointed and commissioned to perform notarial acts.

(b) "Notarial act" and "notarization" mean any "Notarization" means the performance of a notarial act that a notary is empowered to perform under this Act.

(c) "Accredited immigration representative" means a not-for-profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees of those organizations accredited under 8 C.F.R. 292.2(d).

(Source: P.A. 93-1001, eff. 8-23-04.)

(5 ILCS 312/2-102) (from Ch. 102, par. 202-102)

Sec. 2-102. Application, course of study, examination, fingerprints.

(a) Every applicant for appointment and commission as a notary shall complete an application form furnished by the Secretary of State to be filed with the Secretary of State, stating:

(1) (a) the applicant's official name, which contains his or her last name and at least the initial of the first name;

(2) (b) the county in which the applicant resides or, if the applicant is a resident of a state bordering Illinois, the county in Illinois in which that person's principal place of work or principal place of business is located;

(3) (c) the applicant's residence address and business address, if any, or any address at which an applicant will use a notary public commission to receive fees;

(4) (d) that the applicant has resided in the State of Illinois for 30 days preceding the application or that the applicant who is a resident of a state bordering Illinois has worked or maintained a business in Illinois for 30 days preceding the application;

(5) (e) that the applicant is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States;

(6) (f) that the applicant is at least 18 years of age;

(7) (g) that the applicant is able to read and write the English language;

(8) (h) that the applicant has never been the holder of a notary public appointment that was revoked or suspended in Illinois or any other state or jurisdiction of the United States during the past 10 years;

(9) (i) that the applicant has not been convicted of a felony or any crime involving dishonesty, but in no case may a commission be issued to the applicant within 10 years after the conviction or plea; and

(10) that the applicant's application for appointment and commission as a notary public contains no material misstatement or omission of fact;

(11) that the applicant has not been found liable in a civil lawsuit based on the applicant's deceit; revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state or nation, but in no case may a commission be issued to the applicant within 5 years after that disciplinary action; or an official finding that the applicant had engaged in official misconduct, whether or not disciplinary action resulted; and

(12) (j) any other information the Secretary of State deems necessary.

(b) Prior to granting an appointment as a notary public, the Secretary of State shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position. To assist in determining the identity of the applicant and whether the applicant has been convicted of a disqualifying crime, the Secretary of State shall require that applicants be fingerprinted and a criminal background check be conducted.

(c) For appointments made on or after the effective date of this amendatory Act of the 94th General Assembly, every applicant for appointment and commission or recommission as a notary shall have satisfactorily completed a course of up to 6 hours of study approved by the Secretary of State concerning the functions and duties of a notary public. The Secretary of State shall promulgate rules for administering this Section.

(d) For appointments made on or after the effective date of this amendatory Act of the 94th General Assembly, every applicant for appointment and commission or recommission as a notary shall have satisfactorily completed a written examination prescribed by the Secretary of State to determine the fitness of the person to exercise the functions and duties of the office of notary public. All questions shall be based on the law of this State as set forth in the booklet of the laws of Illinois relating to notaries public distributed by the Secretary of State.

(Source: P.A. 93-1001, eff. 8-23-04.)

(5 ILCS 312/2-103) (from Ch. 102, par. 202-103)

Sec. 2-103. Appointment Fee. Every applicant for appointment and commission as a notary public shall pay to the Secretary of State a fee of $20, $10 of which shall be deposited into the Notary Public Education and Testing Fund, a special fund created in the State treasury for that purpose $10.

(Source: P.A. 85-1396.)

(5 ILCS 312/2-105) (from Ch. 102, par. 202-105)

Sec. 2-105. Bond. Every application for appointment and commission as a notary public shall be accompanied by an executed bond commencing on the date of the appointment with a term of 4 years, in the sum of $15,000 $5,000, with, as surety thereon, a company qualified to write surety bonds in this State. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this Act. The Secretary of State may prescribe an official bond form. Governmental entity notary applications submitted pursuant to Section 2-107 of this Act by notaries authorized to perform notarizations solely for their government employer shall be accompanied by an executed bond commencing on the date of the appointment with a term of 4 years, in the sum of $5,000, with, as surety thereon, a company qualified to write surety bonds in this State.

(Source: P.A. 84-322.)

(5 ILCS 312/2-107 new)

Sec. 2-107. State, county, municipal, and school district employees. The Secretary of State may appoint and commission the number of State, county, municipal, and school district employees as notaries public to act for and on behalf of the governmental entity for which appointed as the Secretary of State deems proper. Whenever a notary is so appointed and commissioned, a duly authorized representative of the employing governmental entity shall execute a certificate that the appointment is made solely for the purposes of the employing governmental entity. Whenever the certificate is filed with any State or county officer, no fees shall be charged by the officer for the filing or issuance of any document in connection with the appointment.

The State or any county, municipality, or school district for which the notary public is appointed and commissioned pursuant to this Section may pay from any funds available for its support the fees and costs associated with the required course of study and examination, the premiums on any bond, and the cost of any stamps, seals, or other supplies required in connection with the appointment, commission, or performance of the duties of the notary public. Any fees collected or obtained by any notary public whose documents have been filed without charge or for whom bond premiums have been paid by the employer of the notary public shall be remitted by the notary public to the employing entity, which shall deposit the funds to the credit of the fund from which the salary of the notary public is paid.

(5 ILCS 312/3-101) (from Ch. 102, par. 203-101)

Sec. 3-101. Official Seal and Signature.

(a) Each notary public shall, upon receiving the commission from the county clerk, obtain an official rubber stamp seal with which the notary shall authenticate his official acts. The rubber stamp seal shall contain the following information:

(1) (a) the words "Official Seal";

(2) (b) the notary's official name;

(3) (c) the words "Notary Public", "State of Illinois", and "My commission expires____________(commission expiration date)"; and

(4) (d) a serrated or milled edge border in a rectangular form not more than one inch in height by two and one-half inches in length surrounding the information.

(b) At the time of notarization, a notary public shall officially sign every notary certificate clearly and legibly using black ink, so that it is capable of photographic reproduction. The illegibility of any of the information required by this Section does not affect the validity of a transaction.

(c) At the time of notarization, a notary public shall affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. The illegibility of any of the information required by this Section does not affect the validity of a transaction.

(d) The seal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the seal shall be cause for the Secretary of State to take administrative action against the commission held by the notary public.

(e) The official seal of a notary public is the exclusive property of that notary public and shall not be surrendered to an employer upon the termination of employment, whether or not the employer paid for the seal, or to any other person. The notary, or his or her representative, shall destroy or deface the seal upon termination, resignation, or revocation of the notary's commission.

(f) No notary seal shall be manufactured, duplicated, sold, or offered for sale unless authorized by the Secretary of State.

(1) The Secretary of State shall develop and implement procedures and guidelines for the issuance of notary seals.

(2) The Secretary of State shall issue a permit with a sequential identification number to each manufacturer or vendor authorized to issue notary seals. The Secretary of State may establish a fee for the issuance of the permit which shall not exceed the actual costs of issuing the permit.

(3) The Secretary of State shall develop a certificate of authorization, with a unique number, to purchase a notary stamp from an authorized vendor.

(4) The certificate of authorization shall be designed to prevent forgeries and shall contain a unique identification number.

(Source: P.A. 84-322.)

(5 ILCS 312/3-102) (from Ch. 102, par. 203-102)

Sec. 3-102. Official journal Official Signature.

(a) A notary public shall keep one active sequential journal at a time of all official acts performed as a notary public. The journal may be a permanently bound book or electronic device that satisfies the requirements of this Section.

(b) No permanently bound or electronic journal shall be manufactured, sold, or offered for sale unless authorized by the Secretary of State. The Secretary of State shall develop and implement procedures and guidelines for notary journals.

(c) The journal shall be kept in a locked and secured area, under the direct and exclusive control of the notary. Failure to secure the journal shall be cause for the Secretary of State to take administrative action against the commission held by the notary.

(d) The journal shall include all of the following for each notarial act performed:

(1) Date, time, and type of each official act.

(2) Type, title, or a description of the document.

(3) The signature of each person whose signature is being notarized.

(4) A statement as to whether the identity of a person requesting a notarial act was based on personal knowledge or satisfactory evidence. If identity was established by satisfactory evidence, then the journal shall contain the signature of the credible witness swearing or affirming to the identity of the individual or the type of identifying document, the governmental agency issuing the document, the serial or identifying number of the document, and the date of issue or expiration of the document.

(5) If the identity of the person requesting a notarial act was established by the oaths or affirmations of 2 credible witnesses whose identities are proven upon the presentation of satisfactory evidence, the type of identifying documents, the identifying numbers of the documents, and the dates of issuance or expiration of the documents presented by the witnesses to establish their identity.

(6) The fee charged for the notarial service.

(7) If the document to be notarized is a deed, deed of trust, or mortgage affecting real property, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary shall have the party use his or her left thumb, or any available finger, and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary shall so indicate in the journal and shall also provide an explanation of that physical condition.

(e) If a sequential journal of official acts performed by a notary public is stolen, lost, misplaced, destroyed, damaged, or otherwise rendered unusable as a record of notarial acts and information, the notary public shall immediately notify the Secretary of State by certified or registered mail. The notification shall include the period of the journal entries, the expiration date of the notary's commission, and, when applicable, a photocopy of any police report that specifies the theft of the sequential journal of official acts.

(f) Upon written request of any member of the public, which request shall include the name of the parties, the type of document, and the month and year in which notarized, the notary shall supply a photostatic copy of the line item representing the requested transaction at a cost of not more than $0.30 per page.

(g) The journal may be examined without restriction only by a law enforcement officer in the course of an official investigation, subpoenaed by court order, or surrendered at the direction of the Secretary of State.

(h) The journal of notarial acts of a notary public is the exclusive property of that notary public and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time. A notary public who is an employee shall permit inspection and copying of journal transactions only by a duly designated auditor or agent of the notary public's employer, provided that the inspection and copying are done in the presence of the notary public and the transactions are directly associated with the business purposes of the employer. The notary public, upon the request of the employer, shall regularly provide copies of all transactions that are directly associated with the business purposes of the employer but shall not be required to provide copies of any transaction that is unrelated to the employer's business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer.

(i) A notary shall safeguard the journal and all other notarial records for 7 years and surrender or destroy them only by rule of law, by court order, or at the direction of the Secretary of State.

(j) Upon resignation, revocation, or expiration of a notary commission, or death of the notary, the journal and notarial records shall be delivered to the office designated by the Secretary of State. At the time of notarization, a notary public shall officially sign every notary certificate and affix the rubber stamp seal clearly and legibly using black ink, so that it is capable of photographic reproduction. The illegibility of any of the information required by this Section does not affect the validity of a transaction.

(Source: P.A. 84-322.)

(5 ILCS 312/3-104) (from Ch. 102, par. 203-104)

Sec. 3-104. Maximum Fee.

(a) Except as provided in subsection (b) of this Section, the maximum fee in this State is $10 $1.00 for any notarial act performed.

(b) Fees for a notary public, agency, or any other person who is not an attorney or an accredited representative filling out immigration forms shall be limited to the following:

(1) $10 per form completion;

(2) $10 per page for the translation of a non-English language into English where such translation is required for immigration forms;

(3) $10 $1 for notarizing;

(4) $3 to execute any procedures necessary to obtain a document required to complete immigration forms; and

(5) A maximum of $75 for one complete application.

Fees authorized under this subsection shall not include application fees required to be submitted with immigration applications.

Any person who violates the provisions of this subsection shall be guilty of a Class A misdemeanor for a first offense and a Class 3 felony for a second or subsequent offense committed within 5 years of a previous conviction for the same offense.

(c) Upon his own information or upon complaint of any person, the Attorney General or any State's Attorney, or their designee, may maintain an action for injunctive relief in the court against any notary public or any other person who violates the provisions of subsection (b) of this Section. These remedies are in addition to, and not in substitution for, other available remedies.

If the Attorney General or any State's Attorney fails to bring an action as provided pursuant to this subsection within 90 days of receipt of a complaint, any person may file a civil action to enforce the provisions of this subsection and maintain an action for injunctive relief.

(d) All notaries public must provide receipts and keep records for fees accepted for services provided. Failure to provide receipts and keep records that can be presented as evidence of no wrongdoing shall be construed as a presumptive admission of allegations raised in complaints against the notary for violations related to accepting prohibited fees.

(Source: P.A. 93-1001, eff. 8-23-04.)

(5 ILCS 312/6-101) (from Ch. 102, par. 206-101)

Sec. 6-101. Definitions. (a) "Notarial act" means any act that a notary public of this State is authorized to perform and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature.

(b) "Acknowledgment" means a declaration by a person to a notary in the notary's presence that the person has voluntarily executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein.

(c) "Verification upon oath or affirmation" means a declaration to a notary in the notary's presence that a statement is true made by a person upon oath or affirmation.

(d) "Witnessing or attesting a signature" means a notarial act in which a person signs a document in the presence of a notary.

(e) (d) "In a representative capacity" means:

(1) for and on behalf of a corporation, partnership, trust, or other entity, as an authorized officer, agent, partner, trustee, or other representative;

(2) as a public officer, personal representative, guardian, or other representative, in the capacity recited in the instrument;

(3) as an attorney in fact for a principal; or

(4) in any other capacity as an authorized representative of another.

(Source: P.A. 84-322.)

(5 ILCS 312/6-102) (from Ch. 102, par. 206-102)

Sec. 6-102. Notarial Acts. (a) In taking an acknowledgment, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the acknowledgment is the person whose true signature is on the instrument.

(b) In taking a verification upon oath or affirmation, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the notary and making the verification is the person whose true signature is on the statement verified.

(c) In witnessing or attesting a signature, the notary public must determine, either from personal knowledge or from satisfactory evidence, that the signature is that of the person appearing before the notary and named therein.

(d) A notary public has satisfactory evidence that a person is the person whose true signature is on a document if that person:

(1) is personally known to the notary;

(2) is identified upon the oath or affirmation of (i) an honest, reliable, impartial, and a credible witness who personally knows the individual appearing before a notary and who is personally known to the notary or (ii) 2 credible witnesses who each shows to the notary documentary identification described in paragraph (3) of this subsection; or

(3) is identified on the basis of at least one current identification document issued by a federal, State, or tribal government agency bearing the photographic image of the individual's face and signature and a physical description of the individual, though a properly stamped passport without a physical description is acceptable documents.

(e) A notary may certify the affixation of a signature by mark on a document presented for notarization if:

(1) the mark is affixed in the presence of the notary and of 2 witnesses unaffected by the document;

(2) both witnesses sign their own names beside the mark;

(3) the notary writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names and addresses of witnesses) and undersigned notary under Section 6-102 of the Illinois Notary Public Act"; and

(4) the notary notarizes the signature by mark through an acknowledgment, verification upon oath or affirmation, or signature witnessing.

(Source: P.A. 84-322.)

(5 ILCS 312/6-104) (from Ch. 102, par. 206-104)

Sec. 6-104. Acts Prohibited. (a) A notary public shall not use any name or initial in signing certificates other than that by which the notary was commissioned.

(b) A notary public shall not acknowledge any instrument in which the notary's name appears as a party to the transaction.

(c) A notary public shall not affix his signature to a blank form of affidavit or certificate of acknowledgment and deliver that form to another person with intent that it be used as an affidavit or acknowledgment.

(d) A notary public shall not take the acknowledgment of or administer an oath to any person whom the notary actually knows to have been adjudged mentally ill by a court of competent jurisdiction and who has not been restored to mental health as a matter of record.

(e) A notary public shall not take the acknowledgment of any person who is blind until the notary has read the instrument to such person.

(f) A notary public shall not take the acknowledgment of any person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand.

(g) A notary public shall not change anything in a written instrument after it has been signed by anyone.

(h) No notary public shall be authorized to prepare any legal instrument, or fill in the blanks of an instrument, other than a notary certificate; however, this prohibition shall not prohibit an attorney, who is also a notary public, from performing notarial acts for any document prepared by that attorney.

(i) If a notary public accepts or receives any money from any one to whom an oath has been administered or on behalf of whom an acknowledgment has been taken for the purpose of transmitting or forwarding such money to another and willfully fails to transmit or forward such money promptly, the notary is personally liable for any loss sustained because of such failure. The person or persons damaged by such failure may bring an action to recover damages, together with interest and reasonable attorney fees, against such notary public or his bondsmen.

(j) A notary public shall not perform a notarial act if the person requesting the act is not in the notary's presence at the time of notarization.

(k) A notary public shall not perform a notarial act if the person requesting the act shows a demeanor that causes the notary to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act.

(l) A notary public shall not perform a notarial act if the person requesting the act, in the notary's judgment, is not acting of his or her own free will.

(Source: P.A. 85-421.)

(5 ILCS 312/7-105) (from Ch. 102, par. 207-105)

Sec. 7-105. Official Misconduct. (a) A notary public who knowingly and willfully commits any official misconduct is guilty of a Class 3 felony A misdemeanor.

(b) A notary public who recklessly or negligently commits any official misconduct is guilty of a Class A B misdemeanor.

(Source: P.A. 84-322.)

(5 ILCS 312/7-106) (from Ch. 102, par. 207-106)

Sec. 7-106. Willful Impersonation. Any person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a Class 3 felony A misdemeanor.

(Source: P.A. 84-322.)

(5 ILCS 312/7-107) (from Ch. 102, par. 207-107)

Sec. 7-107. Wrongful Possession. Any person who unlawfully possesses a notary's official seal is guilty of a Class A misdemeanor and punishable upon conviction by a fine not exceeding $1,000.

(Source: P.A. 84-322.)

(5 ILCS 312/7-108) (from Ch. 102, par. 207-108)

Sec. 7-108. Grounds for refusal, revocation, or suspension of commission; hearing Revocation of Commission. The Secretary of State may refuse to appoint any person as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds who, during the current term of appointment:

(1) Substantial and material misstatement or omission in the application submitted to the Secretary of State.

(2) Conviction of a felony, a lesser offense involving dishonesty, or a lesser offense of a nature incompatible with the duties of a notary public, but in no case may a commission be issued to an applicant within 10 years after such conviction or plea.

(3) Revocation, suspension, restriction, or denial of a professional license, if the revocation, suspension, restriction, or denial was for misconduct, for dishonesty, or for any cause substantially relating to the duties or responsibilities of a notary public, but in no case may a commission be issued to an applicant within 5 years after such disciplinary action or an official finding that the applicant had engaged in official misconduct, whether or not disciplinary action resulted.

(4) Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public.

(5) When adjudged liable for damages in any suit grounded in fraud, misrepresentation, or violation of the state regulatory laws or in any suit based upon a failure to discharge fully and faithfully the duties as a notary public.

(6) The use of false or misleading advertising wherein the notary public has represented that the notary public has duties, rights, or privileges that he or she does not possess by law.

(7) The unauthorized practice of law.

(8) Charging more than the fees prescribed by this Act.

(9) Commission of any act involving dishonesty, fraud, or deceit with the intent to benefit the notary public or another or injure another.

(10) Failure to complete the acknowledgment at the time the notary's signature and seal are affixed to the document.

(11) Execution of any certificate as a notary public containing a statement known to the notary public to be false, or using a title or designation not authorized by this Act or by the Secretary of State.

(12) Failure to submit any remittance payable upon demand by the Secretary of State under this Act or failure to satisfy any court-ordered money judgment, including restitution.

(13) Failure to secure the sequential journal of official acts, pursuant to Section 3-102, or the official seal, pursuant to Section 3-101.

Prior to a revocation or suspension pursuant to this Act, after a denial of a commission, or prior to the imposition of a civil penalty, the person affected shall have a right to a hearing on the matter and the proceeding shall be conducted in accordance with the Illinois Administrative Procedure Act.

(a) submits an application for commission and appointment as a notary public which contains substantial and material misstatement or omission of fact; or

(b) is convicted of any felony or official misconduct under this Act.

(Source: P.A. 84-322.)

(5 ILCS 312/7-109) (from Ch. 102, par. 207-109)

Sec. 7-109. Action for Injunction, Unauthorized Practice of Law.

(a) Upon his own information or upon complaint of any person, the Attorney General or any State's Attorney, or their designee, may maintain an action for injunctive relief in the circuit court against any notary public who renders, offers to render, or holds himself or herself out as rendering any service constituting the unauthorized practice of the law. Any organized bar association in this State may intervene in the action, at any stage of the proceeding, for good cause shown. The action may also be maintained by an organized bar association in this State. These remedies are in addition to, and not in substitution for, other available remedies.

(b) If notarial certificate wording is not provided by the customer or indicated for a document presented by the customer, a non-attorney notary shall not determine the type of notarial act or certificate to be used.

(c) A non-attorney notary shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.

(d) This Section does not preclude a notary who is duly qualified, trained, or experienced in a particular non-legal industry or non-legal professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.

(e) A notary shall not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters.

(Source: P.A. 84-322.)

Section 10. The State Finance Act is amended by adding Section 5.663 as follows:

(30 ILCS 105/5.663 new)

Sec. 5.663. Notary Public Education and Testing Fund.

Section 15. The Conveyances Act is amended by changing Section 20 as follows:

(765 ILCS 5/20) (from Ch. 30, par. 19)

Sec. 20. Deeds, mortgages, conveyances, releases, powers of attorney or other writings of or relating to the sale, conveyance or other disposition of real estate or any interest therein whereby the rights of any person may be affected, shall may be acknowledged or proven before some one of the following courts or officers, namely:

1. When acknowledged or proven within this State, before a notary public, United States commissioner, county clerk, or any court or any judge, clerk or deputy clerk of such court. When taken before a notary public or United States commissioner, the same shall be attested by his official seal; when taken before a court or the clerk thereof, or a deputy clerk thereof, the same shall be attested by the seal of such court.

2. When acknowledged or proved outside of this State and within the United States or any of its territories or dependencies or the District of Columbia, before a justice of the peace, notary public in substantial compliance with the Illinois Notary Public Act, master in chancery, United States commissioner, commissioner to take acknowledgments of deeds, mayor of city, clerk of a county, or before any judge, justice, clerk or deputy clerk of the supreme, circuit or district court of the United States, or before any judge, justice, clerk or deputy clerk, prothonotary, surrogate, or registrar of the supreme, circuit, superior, district, county, common pleas, probate, orphan's or surrogate's court of any of the states, territories or dependencies of the United States. In any dependency of the United States such acknowledgment or proof may also be taken or made before any commissioned officer in the military service of the United States. When such acknowledgment or proof is made before a notary public, United States commissioner or commissioner of deeds, it shall be certified under his seal of office. If taken before a mayor of a city it shall be certified under the seal of the city; if before a clerk, deputy clerk, prothonotary, registrar or surrogate, then under the seal of his court; if before a justice of the peace or a master in chancery there shall be added a certificate of the proper clerk under the seal of his office setting forth that the person before whom such proof or acknowledgment was made was a justice of the peace or master in chancery at the time of taking such acknowledgment or proof. As acknowledgment or proof of execution of any instrument above stated, may be made in conformity with the laws of the State, territory, dependency or district where it is made. If any clerk of any court of record within such state, territory, dependency or district shall, under his signature and the seal of such court, certify that such acknowledgment or proof was made in conformity with the laws of such state, territory, dependency or district, or it shall so appear by the laws of such state, territory, dependency or district such instrument or a duly proved or certified copy of the record of such deed, mortgage or other instrument relating to real estate heretofore or hereafter made and recorded in the proper county may be admitted in evidence as in other cases involving the admission of evidence of certified copies.

3. When acknowledged or proven outside of the United States before any court of any republic, dominion, state, kingdom, empire, colony, territory, or dependency having a seal, or before any judge, justice or clerk thereof or before any mayor or chief officer of any city or town having a seal, or before a notary public or commissioner of deeds, or any ambassador, minister or secretary of legation or consul of the United States or vice consul, deputy consul, commercial agent or consular agent of the United States in any foreign republic, dominion, state, kingdom, empire, colony, territory or dependency attested by his official seal or before any officer authorized by the laws of the place where such acknowledgment or proof is made to take acknowledgments of conveyances of real estate or to administer oaths in proof of the execution of conveyances of real estate. Such acknowledgments are to be attested by the official seal, if any, of such court or officer, and in case such acknowledgment or proof is taken or made before a court or officer having no official seal, a certificate shall be added by an ambassador, minister, secretary of legation, consul, vice consul, deputy consul, commercial agent or consular agent of the United States residing in such republic, dominion, state, kingdom, empire, colony, territory, or dependency under his official seal, showing that such court or officer was duly elected, appointed or created and acting at the time such acknowledgment or proof was made.

4. Any person serving in or with the armed forces of the United States, within or outside of the United States, and the spouse or former spouse of any such person, may acknowledge the instruments wherever located before any commissioned officer in active service of the armed forces of the United States with the rank of Second Lieutenant or higher in the Army, Air Force or Marine Corps, or Ensign or higher in the Navy or United States Coast Guard. The instrument shall not be rendered invalid by the failure to state therein the place of execution or acknowledgment. No authentication of the officer's certificate of acknowledgment shall be required and such certificate need not be attested by any seal but the officer taking the acknowledgment shall indorse thereon or attach thereto a certificate substantially in the following form:

On (insert date), the undersigned officer, personally appeared before me, known to me (or satisfactorily proven) to be serving in or with the armed forces of the United States (and/or the spouse or former spouse of a person so serving) and to be the person whose name is subscribed to the instrument and acknowledged that .... he .... executed the same as .... free and voluntary act for the purposes therein contained, and the undersigned further certifies that he is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States.

............................... Signature of Officer ............................... Rank of Officer and Command to which attached.

5. All deeds or other instruments or copies of the record thereof duly certified or proven which have been acknowledged or proven prior to August 30, 1963, before either of the courts or officers mentioned in this Act and in the manner herein provided, shall be deemed to be good and effectual in law and the same may be introduced in evidence without further proof of their execution, with the same effect as if this amendatory Act of 1963 had been in force at the date of such acknowledgment or proof.

(Source: P.A. 91-357, eff. 7-29-99.)".