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Illinois Compiled Statutes

5 ILCS 312/6-102 (2026)

Notarial acts

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(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 a
    
credible witness personally known to the notary; or
        (3) is identified on the basis of identification
    
documents. Identification documents are documents that are valid at the time of the notarial act, issued by a state agency, federal government agency, or consulate, and bearing the photographic image of the individual's face and signature of the individual.
    (e) A notary public or electronic notary public shall have no obligation to perform any notarial or electronic notarial act, and may refuse to perform a notarial or electronic notarial act without further explanation.
(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).)

    
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1999–2021 · leading case: People v. Henderson, 2011 IL App (1st) 090923, 961 N.E.2d 407.
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People v. Henderson, 2011 IL App (1st) 090923, 961 N.E.2d 407. “See 5 ILCS 312/6-102 (West 2008) (the defendant must appear before the notary in order to have his affidavit notarized).”
Guar. Residential Lending, Inc. v. Int'l Mortg. Ctr., Inc., 305 F. Supp. 2d 846 (N.D. Ill. 2004). “The ratification of the forged signatures by Seeman violated the Illinois Notary Public Act (5 ILCS 312/6-102 (West 1996)), by swearing under oath that she witnessed the signing of the closing documents when, in fact, she knew that these borrowers were deceased.”
Vancura v. Katris, 907 N.E.2d 814 (Ill. App. Ct. 1st Dist. 2009). · cites it 4× “) 5 ILCS 312/6-102(c), (d) (West 1996). "7-101.”
People v. Gray, 2011 IL App (1st) 91689. “Although it bears the purported signature and stamp of a notary, there is also no indication that the notary verified Marshall’s identity or that his statement was verified upon oath or affirmation (5 ILCS 312/6-102(b) (West 2008)), leading us to question its legal effectiveness…”
RCB Equities 3, LLC v. Jakubow, 2021 IL App (1st) 200256-U. “Specifically, defendant argues that a reversal is warranted because (1) the circuit court erred in finding defendant was not a victim of identity theft; (2) summary judgment was not proper given the multiple disputes; (3) the circuit court misconstrued the Illinois Notary Act (5…”
Floyd May v. Paula Rich, 375 F. App'x 592 (7th Cir. 2010). “5 ILCS 312/6-102(c). Personal knowledge of the signer’s identity can fulfill the second requirement, see § 6 — 102(d)(1), but not the first.”
People v. Henderson, 2011 IL App (1st) 90923. “See 5 ILCS 312/6-102 (West 2008) (the defendant must appear before the notary in order to have his affidavit notarized).”
Morton v. Glenview State Bank, 2021 IL App (1st) 210163-U. “See 5 ILCS 312/6-102(a), (c) (West 2020); In re Estate of Alfaro, 301 Ill.”
People v. Clark, 2019 IL App (4th) 160782-U. “” 5 ILCS 312/6-102 (West 2016). ¶ 26 Although defendant claims in his reply brief that Brooks’s statement was “notarized,” a review of the notary public’s seal reveals only that the statement was “Signed/Acknowledged” by Brooks.”
Shelter Mgmt. XIX v. Much Shelist Freed Denenberg & Ament P. C., No. 1-97-0163 (Ill. App. Ct. 1st Dist. Apr. 16, 1999). · cites it 2× “Shelter alleged that Rusnarczyk and Ball violated the Illinois Notary Public Act (5 ILCS 312/6-102 (West 1996)) by swearing under oath that they witnessed the signing of the guaranties when, in fact, they did not; that Matanky, Much and Much Shelist violated the Notary Public…”
May, Floyd v. Rich, Paula, No. 08-1303 (7th Cir. Dec. 22, 2011). “5 ILCS 312/6-102(c). Personal knowledge of the signer’s identity can fulfil the second re- quirement, see §6-102(d)(1), but not the first.”
5 ILCS 312/6-102(a): 1 case
Morton v. Glenview State Bank, 2021 IL App (1st) 210163-U. “See 5 ILCS 312/6-102(a), (c) (West 2020); In re Estate of Alfaro, 301 Ill.”
5 ILCS 312/6-102(b): 1 case
People v. Gray, 2011 IL App (1st) 91689. “Although it bears the purported signature and stamp of a notary, there is also no indication that the notary verified Marshall’s identity or that his statement was verified upon oath or affirmation (5 ILCS 312/6-102(b) (West 2008)), leading us to question its legal effectiveness…”
5 ILCS 312/6-102(c): 3 cases
Vancura v. Katris, 907 N.E.2d 814 (Ill. App. Ct. 1st Dist. 2009). “) 5 ILCS 312/6-102(c), (d) (West 1996). "7-101.”
Floyd May v. Paula Rich, 375 F. App'x 592 (7th Cir. 2010). “5 ILCS 312/6-102(c). Personal knowledge of the signer’s identity can fulfill the second requirement, see § 6 — 102(d)(1), but not the first.”
May, Floyd v. Rich, Paula, No. 08-1303 (7th Cir. Dec. 22, 2011). “5 ILCS 312/6-102(c). Personal knowledge of the signer’s identity can fulfil the second re- quirement, see §6-102(d)(1), but not the first.”
5 ILCS 312/6-102(d)(3): 1 case
Vancura v. Katris, 907 N.E.2d 814 (Ill. App. Ct. 1st Dist. 2009). “) 5 ILCS 312/6-102(c), (d) (West 1996). "7-101.”
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