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July 1, 2024

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1. “‘Official seal' means either of the following:
   “(1) A physical image that is affixed to or embossed upon a tangible record.
   “(2) An electronic image that is attached to or associated with an electronic record” (IC 33-42-05-1[21][a]).

2. “'Stamping device' means:
   “(1) a physical device capable of affixing or embossing a tangible record with an official seal; or
   “(2) an electronic device or process capable of pairing an electronic seal with an electronic record” (IC 33-42-.05-31).

3. “‘Electronic seal’ means information that:
   “(1) is specific to an individual notary public;
   “(2) is attached to or associated with a notarized electronic record; and
   “(3) contains:
   “(A) the words, ‘notary public’;
   “(B) the words, ‘state of Indiana’;
   “(C) the word, ‘seal’;
   “(D) the notary public's name as it appears on the notary public's commission certificate;
   “(ED) the words, ‘commission number’, followed by the commission number of the notary public; and
   “(FE) the words, ‘my commission expires’, followed by the expiration date of the notary public's commission” (IC 33-42-0.5-13).

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1. Notarial Acts

   1. Inked Stamp or Embosser: “‘Stamping device’ means a physical device capable of affixing or embossing a record with an official seal” (IC 33-42-05-1[13]).

   2. Shape and Size: Not specified.

   3. Components: “The official seal of a notary public must include the following:
      “(1) The words ‘notary public’.
      “(2) The words ‘state of Indiana’.
      “(3) The word ‘seal’.
      “(4) The name of the notary public exactly as it appears on the notary public’s commission certificate.
      “(5) The words ‘commission number’ followed by the commission number of the notary public.
      “(6) The words ‘my commission expires’ followed by the expiration date of the notary public’s commission” (IC 33-42-10-2[a]).
      “The seal described in subsection (a) may include any other information chosen by the notary public to be included on the seal” (IC 33-42-10-2[c]).
      “An ‘official seal’ does not require the word ‘seal’ to be contained within the physical … image described in [IC 33-42-0.5-21] subsection (a)” (IC 33-42-0.5-21[b]).

   4. Legibility: According to IC 33-42-10-12[b][2][B], a Notary’s name that appears as part of the official seal must be legible when the record to which the official seal is affixed is photocopied.

2. In-Person Electronic and Remote Notarial Acts: “The official [electronic] seal of a notary public must include the requirements listed in IC 33-42-0.5-13” (75 IAC 7-6-2[c]).

   1. Components: The electronic seal must include the following (IC 33-42-0.5-13):

      1. The words, ‘notary public’;

      2. The words, ‘state of Indiana’;The word, ‘seal’;

      3. The Notary Public's name as it appears on the Notary's commission certificate;

      4. The words, ‘commission number’, followed by the Notary’s commission number; and

      5. The words, ‘my commission expires’, followed by the expiration date of the Notary's commission.
         “An ‘official seal’ does not require the word ‘seal’ to be contained within the … electronic image described in [IC 33-42-0.5-21] subsection (a)” (IC 33-42-0.5-21[b]).

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Indiana law. Formats other than these may also be permitted.

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“If a notarial act is performed on a public record by a notarial officer other than a notary public, the information described in [IC 33-42-9-12] subsection (a)(2) through (a)(4) must be affixed, displayed, or embossed upon the certificate and accompanied by an official seal” (IC 33-42-9-12[c]).

Name of Notary

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Legislative Notaries Public

“(a) Except as provided in subsection (c), a legislative notary is not authorized to perform any of the acts described in section 1 of [IC 2-3-4] until the individual procures a seal that will stamp upon paper a distinct impression, in words or letters, sufficiently indicating the individual's official character as a legislative notary. The individual may add to the seal any other device the individual chooses.
“(b) Except as provided in subsection (c), an act not attested by a seal described in subsection (a) is void.
“(c) If a legislative notary is performing an act described in section 1(a)(2) of this chapter, the act does not need to be attested by a seal” (IC 2-3-4-2).
“When performing any of the acts described in section 1 of this chapter, a legislative notary must show the date that the legislative notary's power expires as provided in subsection (c) on the document at the time the legislative notary signs an acknowledgment, a jurat, or any other official document” (IC 2-3-4-3[a]).

Name of Notary

The name of the Notary Public must be printed or typed underneath the Notary Public’s signature on each paper certificate of acknowledgment, jurat, or other official record unless the name of the Notary Public appears in printed form on the record or as part of the Notary Public’s seal (IC 33-42-9-12[b][2]).

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RECOGNITION OF NOTARIAL ACTS

Notarial Acts in Indiana

1. Indiana Notarial Officers
   “(a) A notarial act may be performed by the following individuals:
   “(1) Notaries public.
   “(2) An official court reporter acting under IC 33-41-1-6.
   “(3) Judges and justices of Indiana courts.
   “(4) The secretary of state.
   “(5) The clerk of the supreme court.
   “(6) Mayors, clerks, clerk-treasurers of towns and cities, township trustees, in their respective towns, cities, and townships.
   “(7) Clerks of circuit courts and master commissioners in their respective counties.
   “(8) Judges of United States district courts of Indiana, in their respective jurisdictions.
   “(9) United States commissioners appointed for any United States district court of Indiana, in their respective jurisdictions.
   “(10) A precinct election officer (as defined in IC 3-5-2-40.1) and an absentee voter board member appointed under IC 3-11-10 or IC 3-11.5-4, for any purpose authorized under IC 3.
   “(11) A member of the Indiana election commission, a co-director of the election division, or

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1. an employee of the election division as defined under IC 3-6-4.2.
   “(12) County auditors in their respective counties.
   “(13) County recorders in their respective counties.
   “(14) Any member of the Indiana general assembly anywhere in Indiana.
   “(15) The adjutant general of the Indiana National Guard, specific active duty members, reserve duty members, or civilian employees of the Indiana National Guard designated by the adjutant general of the Indiana National Guard for any purpose related to the service of an active duty or reserve member of the Indiana National Guard.
   “(b) The signature and title of an individual performing a notarial act in Indiana is prima facie evidence of the fact that:
   “(1) the signature is genuine; and
   “(2) the individual holds the designated title” (IC 33-42-9-7).

2. Executive Officers of State Agencies: “Generally executive officers of state agencies and designated deputies may authenticate documents and administer oaths in connection with matters concerning their respective agencies and offices” (NPG).

3. Legislative Notaries Public

   1. Definition: “As used in this chapter, ‘legislative notary’ refers to any of the following:
      “(1) A member of the general assembly.
      “(2) The principal clerk of the house of representatives.
      “(3) The principal secretary of the senate” (IC 3-2-3-4-0.5).

   2. Duties: A Legislative Notary may take acknowledgments of a deed or any instrument of writing, administer oaths, protest notes and checks, take depositions of a witness, take and certify affidavits or depositions, and perform any other duty conferred on a Notary Public (IC 2-3-4-1).

   3. Authority: “The power of a legislative notary to perform the acts described in section 1 of this chapter extends throughout Indiana” (IC 2-3-4-3[b]).

   4. Expiration: “The power of a legislative notary expires as follows:
      “(1) If the individual is a member of the general assembly, the date the individual's current term of office expires.
      “(2) If the legislative notary is not a member of the general assembly, the date the term of the current general assembly expires” (IC 2-3-4-3[c]).

Notarial Acts in U.S. State or Jurisdiction

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