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Last updated: September

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19, 2024
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titleTABLE OF CONTENTS (Click/Tap to Expand and Contract)
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excludeTable of Contents

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  1. Laws: Most Notary statutes are in the Indiana Code (IC), Title 33, Article 42 (“Notaries Public”).

  2. Rules: Administrative rules are in the Indiana Administrative Code (IAC), Title 35, Article 7 (“Notary Public Governance”).

  3. Guidelines: Guidelines for Notaries may be found in the Indiana “Notary Public Guide” (NPG) (revised February 9May 20, 20222024) and available on the Secretary of State’s website.

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  1. Qualifications: “An applicant for a commission as a notary public must:
    “(1) be at least eighteen (18) years of age;
    “(2) be a citizen or permanent legal resident of the United States;
    “(3) be a resident of or primarily employed in Indiana;
    “(4) not be disqualified to receive a commission under IC 33-42-13;
    “(5) satisfy all educational requirements; and
    “(6) have passed the examination described in section 2 of this chapter” (IC 33-42-12-1[b]).
    Applicants who are not U.S. citizens must have visa or immigration status allowing permanent residence in the U.S. “An Indiana notary must continuously maintain their Indiana residency or their Indiana employment. If at any time an Indiana notary ceases to be a full-time resident of the state of Indiana, or, in the case of a nonresident employee, the Indiana notary ceases to be primarily employed in Indiana, their commission becomes invalid and must be relinquished. Legal requirements for Indiana residency are the same residency requirements for voting registration …” (NPG).
    Additionally, the “Notary Public Guide” states that applicants must possess an Indiana driver’s license, Indiana non-driver identification card or other acceptable form of identification and proof of Indiana residence.

  2. Dual Office Holding: “For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, a commission as a notary public is not a lucrative office” (IC 33-42-12-1[i]). Thus, applicants for a Notary commission may now hold other paying governmental offices or appointments under U.S. or state law and still qualify for an Indiana Notary commission.
    The “Notary Public Guide” comments that individuals holding another lucrative office and a Notary commission “should recognize that even if serving in two positions does not result in a constitutional violation, it may violate the constitutional doctrine of separation of powers, create a conflict of interest or public policy concern, or be prohibited by another federal, state or local law.”

  3. Course: Required.
    “An applicant seeking a commission as a notary public, including an applicant reapplying for a subsequent commission, must complete … a course of education …” (IC 33-42-12-2[a]).

  4. Continuing Education: “A notary public must fulfill a continuing education requirement not to exceed two (2) hours of continuing education every two (2) years” (IC 33-42-12-2[b]).
    “Three (3) CE courses must be completed throughout the duration of the notary commission. The first CE course is due two (2) years after the notary is commissioned. The second CE course is due four (4) years after the notary is commissioned. The third CE course is due six (6) years after the notary is commissioned. Each CE course is due by the end of the anniversary of the month in which the notary is commissioned” (75 IAC 7-2-3[b]).
    “Continuing education courses may only be completed within 90 days of the due date. The fee to complete the continuing education is $50” (NPG).
    “Failure to complete a CE course requirement will result in the expiration of the notary commission” (75 IAC 7-2-3[c]).

  5. Exam: Required.
    “An applicant seeking a commission as a notary public, including an applicant reapplying for a subsequent commission, must complete … an examination” (IC 33-42-12-2[a]).”
    After the applicant completes the education, the applicant will be required to pass a test. The test is a combination of multiple choice and true/false questions. There are 30 questions on the test. The applicant must get 24 questions correct or 80% to pass (NPG).

  6. Application: Applicants for a Notary commission must use the Indiana Secretary of State’s Online Notary Portal to initiate the application or re-application process. The applicant must obtain a $25,000 bond prior to making application and provide proof of such bonding with the application. The application and commission fees are $75 (NPG) and must be paid by credit or debit card to the state of Indiana at the time of submitting the application. The fee includes the base and enhanced access Indiana Professional Licensing Agency System fee, which supports the information system and staff support for processing the commission (NPG). The application is submitted electronically (IC 5-14-3-2) through the Secretary of State’s website and its Online Notary Portal. The applicant commits to the Notary’s oath of office through the Portal.
    Applicants must provide their personal address, phone number, and email address so the Secretary of State may send important updates (NPG).
    There is an online bulk application process that may be used by companies with multiple Notaries on staff, or by a service or bonding company assisting customers applying to become Notaries; however, each applicant must have already accessed the state’s Online Notary Portal application in order to complete the pre-qualification training and the oath agreement.
    “Completed applications for a notary application are promptly processed by the office of the Indiana Secretary of State and are non-refundable. A receipt and a link to the commission certificate are available from the last page of the application. In most cases applicants will also receive an email advising them of the status of their application within a couple of business days. Issuance of a notary commission is evidenced by a confirming e-mail containing a link to a certificate of appointment which can be downloaded and printed” (NPG).
    If an application is rejected 3 times within 30 days, the applicant must wait 30 days before submitting another application (75 IAC 7-2-1[g]).

  7. Background Screening: Required.
    “(b) The application for a notary public commission must include the following:”…”(11) A criminal background check that is not more than six (6) months old that may be required by the secretary of state.” (75 IAC 7-2-1[b][11]).
    “Obtain an Indiana State Police limited criminal history record available here: https://www.in.gov/ai/appfiles/isp-lch. The record must then be uploaded as a component of the online application. An Indiana State Police limited criminal history record must be no older than thirty days at the time of submission. After purchasing an Indiana State Police limited criminal history record an applicant will only have digital access to the record for two weeks unless the file is downloaded.” (NPG, website)

  8. Public Information: “All notary public applications and appointments are required to be open to public inspection pursuant to Indiana law and are available in the Notary Public database” (NPG).

  9. Nonresidents: Nonresidents of Indiana who are primarily employed in Indiana may apply to receive an Indiana Notary commission (IC 33-42-12-1[b][3]).
    “A non-Indiana resident, primarily employed in Indiana, must also submit the following [with the application for a commission]:
    “(1) The mailing address of the applicant’s place of employment.
    “(2) The county where the applicant is employed.
    “(3) A written statement documenting employment on company letterhead” (75 IAC 7-2-1[c]).

  10. Reappointment: “A notary public applying for a commission renewal may apply beginning ninety (90) days prior to the expiration date of the notary public’s current commission” (75 IAC 7-2-4[b]).
    “In order to renew a notary commission, each applicant must electronically submit an application for renewal using the notary application prescribed by the secretary of state. The application for renewal is the same as the application for notary public …” (75 IAC 7-2-4[c]).
    “If an applicant is rejected three (3) times within thirty (30) days, the applicant must wait thirty (30) days before submitting another application” (75 IAC 7-2-4[h]).

  11. No Immunity or Benefit: “A commission granted under this section authorizes the notary public to perform notarial acts within the state of Indiana. The commission does not provide the notary public with any immunity or benefit” (IC 33-42-12-1[g]).

  12. One Commission: “An individual may not have more than one (1) active Indiana commission as a notary public commission at a time” (IC 33-42-12-1[h]).

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