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(765 ILCS 33/3.5) Sec. 3.5. Electronic documents certified by notary public. (a) A paper or tangible copy of an electronic document that a notary public has certified to be a true and correct copy under subsection (b) satisfies any requirement of law that, as a condition for recording, the document: (1) be an original or be in writing; (2) be signed or contain an original signature, if |
| the document contains an electronic signature of the person required to sign the document; and
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(3) be notarized, acknowledged, verified, witnessed,
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| or made under oath, if the document contains an electronic signature of the person authorized to perform that act, and all other information required to be included.
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(b) A notary public duly appointed and commissioned under Section 2-101 of the Illinois Notary Public Act may certify that a paper or tangible copy of an electronic document is a true and correct copy of the electronic document if the notary public has:
(1) reasonably confirmed that the electronic document
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| is in a tamper evident format;
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(2) detected no changes or errors in any electronic
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| signature or other information in the electronic document;
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(3) personally printed or supervised the printing of
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| the electronic document onto paper or other tangible medium; or
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(4) not made any changes or modifications to the
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| electronic document or to the paper or tangible copy thereof other than the certification described in this subsection (b).
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(c) A county recorder shall accept for recording a paper or tangible copy of a document that has been certified by a notary public to be a true and correct copy of an electronic document under subsection (b) as evidenced by a notarial certificate.
(d) A notarial certificate in substantially the following form is sufficient for the purposes of this Section:
"State of.....................................................
County of.....................................................
On this.(date), I certify that the foregoing and annexed document [entitled.,] (and) containing.pages is a true and correct copy of an electronic document printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic document indicated any changes or errors in an electronic signature or other information in the electronic document since its creation or execution.
..............................................................
(Signature of Notary Public)
(Seal)"
(f) If a notarial certificate is attached to or made a part of a paper or tangible document, the certificate is prima facie evidence that the requirements of subsection (c) have been satisfied with respect to the document.
(g) A paper or tangible copy of a deed, mortgage, or other document shall be deemed, from the time of being filed for record, as notice to subsequent purchasers and creditors, though it may not be certified in accordance with the provisions of this Section.
(h) This Section does not apply to any map or plat governed by the Plat Act, the Judicial Plat Act, or the Permanent Survey Act, or to any monument record governed by the Land Survey Monuments Act.
(Source: P.A. 102-160, eff. 6-5-23 (See Section 91 of P.A. 103-562 for effective date of P.A. 102-160).)
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