a) An electronic notary public shall not:
- 1) Engage in any fraudulent activity, deceptive practice, or inequitable act in connection with the Act.
- 2) Engage in any activity prohibited by 5 ILCS 312/6-104.
- 3) Fail to record an electronic notarial act performed using audio-video communication or fail to keep such a recording as required by 5 ILCS 312/6A-104.
- 4) Use an electronic seal or digital certificate that is invalid or fails to comply with this Subpart or Article VI-A of the Act during the performance of an electronic notarial act.
- 5) Fail to notify the Secretary of State of a change in the electronic seal or digital certificate.
- 6) Use one’s own electronic seal, alone or together with the electronic signature, except in the performance of an electronic notarial act.
- 7) Allow unauthorized access to the electronic journal kept by the electronic notary public under 5 ILCS 312/3-107, the electronic notary public's electronic signature or the digital certificate, or to the electronic notarization solution used by the electronic notary public to perform an electronic notarial act.
- 8) Violate any other provision of this Subpart I or Article VI-A of the Act relating to the performance of an electronic notarial act.
- b) The penalties, prohibitions, liabilities, sanctions, and remedies for the improper performance of an electronic notarial act are the same as provided by law for the improper performance of a notarial act that is not an electronic notarial act.
(Source: Added at 47 Ill. Reg. 8640, effective June 5, 2023)