Illinois Gov. J.B. Pritzker has authorized notarial acts to be performed remotely via “two-way audio-video communication technology.” Pritzker took action via Executive Order on March 26, 2020 and updated on April 1, 2020. Notarial acts, which are defined in the Illinois Notary Act, may be performed remotely as long as the current disaster proclamation regarding the spread of COVID-19 is in effect.

Under state statute, notarial acts, which include taking an acknowledgement for an executed instrument, verifying an oath or affirmation, or witnessing or attesting a signature, require the person signing the document to “appear before” a notary public. In light of Pritzker’s “Stay at Home” order and the recommendations of public health officials that individuals avoid in-person contact, many critical personal and business decisions, which require signatures to be notarized, were not able to be completed.

With Pritzker’s action, important documents used in real estate transactions, which require notarization can now be executed remotely, allowing the transactions to proceed to closing.

Under the order, the two-way audio-video communication technology used by the parties must allow for contemporaneous interaction between the individual signing the document and the witness by both sight and sound. The notary public must be present in Illinois at the time of the notarization and every interaction must be video recorded and preserved for at least three years. The person signing the document must take several steps to illustrate to the witness what document is being signed, including showing the witness each document being signed as well as telling the witness what the document is. After the signatory executes the document, they must transmit the document by overnight mail, fax or electronic means to the notary public on the same day the document was signed. The order also states that the Illinois Secretary of State’s office will be publishing future guidance on the use of remote notarizations that also includes updated guidelines from Fannie Mae and Freddie Mac.

This important order from Pritzker will benefit Illinois during this unique time by making pending real estate transactions in Illinois easier to close, while maintaining the safety of those involved.

For more information on Illinois’ “Stay at Home” order and for additional guidance for brokers, visit www.IllinoisRealtors.org/covid19.