Illinois Compiled Statutes

5 ILCS 312/6-101 (2026)

Definitions

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(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 that the person has 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 that a statement is true made by a person upon oath or affirmation.
    (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.)

    
Notes of Decisions
Cited in 4 cases, 1998–2019 · leading case: In re Est. of Alfaro, 703 N.E.2d 620 (Ill. App. Ct. 2d Dist. 1998).
In re Est. of Alfaro, 703 N.E.2d 620 (Ill. App. Ct. 2d Dist. 1998). “2d 60 (1992); see 5 ILCS 312/6-101(a) (West 1996) (notarial acts include "taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature").”
Vancura v. Katris, 907 N.E.2d 814 (Ill. App. Ct. 1st Dist. 2009). “The examples in the Illinois Notary Public Handbook indicate that in some instances a notary public will be asked to administer an oath such as "`Do You Swear (Or Affirm) That The Statements In This Document Are True,'" and on rare occasions to administer an verbal oath or…”
People v. Clark, 2019 IL App (4th) 160782-U. “” 5 ILCS 312/6-101(a) (West 2016). According to the Act, the following actions constitute a notarial act: (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…”
Vancil Contracting, Inc. v. Tres Amigos Props., LLC (In re Vancil Contracting, Inc.), 381 B.R. 243 (Bankr. C.D. Ill. 2008). “By contrast, an “acknowledgment” is defined as a declaration that a “person has executed an instrument for the purposes stated therein”, and that the person signing the instrument is actually the “person .”
5 ILCS 312/6-101(a): 3 cases
In re Est. of Alfaro, 703 N.E.2d 620 (Ill. App. Ct. 2d Dist. 1998). “2d 60 (1992); see 5 ILCS 312/6-101(a) (West 1996) (notarial acts include "taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, and witnessing or attesting a signature").”
People v. Clark, 2019 IL App (4th) 160782-U. “” 5 ILCS 312/6-101(a) (West 2016). According to the Act, the following actions constitute a notarial act: (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…”
Vancil Contracting, Inc. v. Tres Amigos Props., LLC (In re Vancil Contracting, Inc.), 381 B.R. 243 (Bankr. C.D. Ill. 2008). “By contrast, an “acknowledgment” is defined as a declaration that a “person has executed an instrument for the purposes stated therein”, and that the person signing the instrument is actually the “person .”
5 ILCS 312/6-101(b): 1 case
Vancura v. Katris, 907 N.E.2d 814 (Ill. App. Ct. 1st Dist. 2009). “The examples in the Illinois Notary Public Handbook indicate that in some instances a notary public will be asked to administer an oath such as "`Do You Swear (Or Affirm) That The Statements In This Document Are True,'" and on rare occasions to administer an verbal oath or…”
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