In June, the Illinois Secretary of State’s Office (IL SOS) adopted administrative rules (Rules) that make Public Act 102-0160 effective and provide new guidance for Illinois notaries.

Prather Ebner Wilson Partner Ray Prather was extensively quoted in an August 2023 article in the Illinois Bar Journal, titled New Stamping Grounds: Sweeping Changes for Notaries Public and Remote and Electronic Notarization, exploring the impacts of the Rules.

“We’ve been one of the more relaxed states, so this is bringing Illinois in line with other states,” Ray says. He explains that the Rules will help alleviate the common problem of fraudulent power of attorney and real estate transactions, among other benefits.

Ray is optimistic that the changes will be welcome among the legal community, though he adds there may be “some bumps at first, particularly with the education requirement.”

The complete text of the Rules is available on the Illinois Secretary of State website.

In June, Ray authored his own article on the subject for the Illinois State Bar Association’s The Bar News, titled Illinois Secretary of State Adopts Administrative Rules Making Amendments to the Illinois Notary Public Act Effective. The piece lays out a detailed explanation of the Rules, adding that they are not as daunting as they initially appear. Read the full article here.

A partner at Prather Ebner Wilson LLP, Ray advises clients on a wide array of issues related to administering and resolving challenges to estate plans. He represents individual and professional trustees, beneficiaries of trusts and estates, and tax-exempt organizations.