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November 18, 2024

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Notary Assurance

$25,000 (IC 33-42-12-1[c][a4]).

Notary Seal

Required (IC 33-42-9-12[b]).

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Though the Governor nominally appoints and commissions Indiana’s Notaries (IC 33-42-9-1[a]), it is the office of the Secretary of State that administers the commissioning process and directly regulates and maintains records on Notaries (IC 33-42-12-1 through and 33-42-1312-43).

Contact Information

1. Address: Office of Secretary of State
   Business Services Division
   Notary Department
   State House, Room 201
   200 W. Washington St.
   Indianapolis, IN 46204

2. Phone: 317-232-6542

3. Website: http://www.in.gov/sos/business/2378.htm

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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][1]).

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]).
   “Continuing education (CE) administered by the secretary of state must be completed every two (2) years after the issuance of a notary commission” (75 IAC 7-2-3[a]).
   “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][2]).”
   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

   1. Online Filing: Applicants for a Notary commission must use the Indiana Secretary of State’s Online Notary Portal to initiate the application or re-application process.

   2. Bond: 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

   2. Background Check: “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).

   3. Fee: 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.

   4. Contact Information: Applicants must provide their personal address, phone number, and email address so the Secretary of State may send important updates (NPG).

   5. Bulk Application Process: 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.

   6. Status and Commission Certificate: “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).

   7. Rejection and Reapplication: 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 “The application for a notary public commission must include the following:”…”(11) A ”… [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 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).

10. 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]).

11. 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]).

12. 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]).

13. 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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1. Requirement: “A notary public may perform a remote notarial act only after registering as a remote notary public with the secretary of state” (IC 33-42-17-2[a]).

2. Minimum Commission Duration: “There must be at least ninety (90) days remaining on the applicant’s notary public commission to register for a remote notary public authorization” (75 IAC 7-3-1[b]).

3. Qualifications: “A notary public is eligible to register under subsection [IC 33-42-17-2] subsection (a) if the notary public:
   “(1) holds a current commission as a notary public in Indiana;
   “(2) complies with the continuing education requirements described in IC 33-42-12-2, and prescribed under IC 33-42-16-2;
   “(3) is able to competently:
   “(A) operate audiovisual communication technology; and
   “(B) use identity proofing and credential analysis technology; and
   “(4) pays a registration fee in the amount of five dollars ($5)” (IC 33-42-17-2[b]).

4. Rejected Registrations: “If an applicant is rejected two (2) times within thirty (30), days the applicant must wait an additional thirty (30) days before submitting another application” (75 IAC 7-3-2[f]).

5. Registration Term: “Unless a registration under this section is revoked under IC 33-42-13, the term of registration:
   “(1) begins on the registration starting date set by the secretary of state; and
   “(2) expires on the date on which the remote notary public's current commission ends” (IC 33-42-17-2[d]).

6. Reregistration: “A remote notary public whose registration expires under [IC 33-42-12-2] subsection (d) may not perform a remote notarial act until the remote notary public has reregistered under this section” (IC 33-42-17-2[e]).

7. Consecutive Authorization: “In order to obtain a consecutive remote notary authorization, each applicant must electronically submit an application for authorization using the application prescribed by the secretary of state. The application for consecutive authorization is the same as the application for a remote notary public authorization registration” (75 IAC 7-3-3[d]).

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1. Information Change: A Notary must notify the Secretary of State not later than 30 days after any change to the following information (IC 33-42-12-3[a]):
   • Name.
   • Mailing address.
   • Personal email address.
   • Personal telephone number.
   • The Notary’s employer’s address, name, or telephone number.

2. Name Change: “A notary public shall file the following documents with the secretary of state upon any change to the notary public’s name on file with the secretary of state’s office:
   “(1) A rider or other record issued by the notary public’s surety reflecting the change of name.
   “(2) An example of the notary public’s new, official signature” (IC 33-42-12[3][b]; see also 75 IAC 7-2-2[b]).

3. Other Occurrences: “A notary public shall notify the secretary of state of the following occurrences not later than fourteen (14) days after they occur:
   “(1) The notary public is convicted of a felony offense involving deceit, dishonesty, or fraud.
   “(2) The notary public is found to have acted deceitfully, dishonestly, or fraudulently in any disciplinary action or legal proceeding.
   “(3) The notary public has a commission as a notary public denied, restricted, or revoked in a state other than Indiana” (IC 33-42-912-3[c]; see also 75 IAC 7-2-2[c]).

4. Resignation: “The commission of a notary public who is no longer:
   “(1) a citizen or resident of Indiana; or
   “(2) primarily employed by the state of Indiana; shall be treated as resigned” (IC 33-42-12-3[d]; 75 IAC 7-2-2[d]).

5. Remote Notary Change of Vendor: “The notary public must notify the secretary of state within thirty (30) days after the notary public changes the remote technology vendor or contracts with an additional remote technology vendor. A notary public may use more than one (1) remote technology vendor. If the notary public fails to meet these standards, then the secretary of state may suspend or revoke the notary public’s commission and the notary public’s remote authorization” (75 IAC 7-7-1).

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1. Notarial Acts: Indiana Notaries are authorized to perform the following notarial acts (IC 33-42-0.5-18):

   1. Take acknowledgments and proofs (IC 32-21-2-1.7; 32-21-2-63[c][2] and [3]);

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Attest or witness signatures;

   5. Attest or certify copies;

   6. Note protests of negotiable instruments;

   7. Do any additional act authorized by common law or the custom of merchants.

2. Remote Notarial Acts: Indiana Notaries who have registered their intent to perform remote notarial acts with the Secretary of State may perform teh the following notarial acts remotely (IC 33-42-0.5-1817-3[b]):

   1. Take acknowledgments and proofs;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Attest or witness signatures;

   5. Attest or certify copies of a tangible or electronic document or record.

Acknowledgments

1. Definition: “Acknowledgment”

   1. Acknowledgment: “'Acknowledgment' means:
      “(1) a principal’s declaration, before a notarial officer, that a record has been signed for the purpose stated in the record; or
      “(2) if the record was signed in a representative capacity, a declaration by the individual, before a notarial officer, that the individual signed the record with the proper authority and signed it as the act of the individual or entity identified in the record” (IC 33-42-0.5-2).

   2. In a Representative Capacity: “‘In a representative capacity" means acting:
      ”(1) as an authorized agent, officer, representative, or trustee of another person;
      ”(2) in any capacity as:
      “(A) provided by law; and
      “(B) stated in a record;
      ”(3) as an agent or attorney in fact for a principal; or
      ”(4) in any other authorized capacity” (IC 33-42-0.5[17]).

2. Requirements

   1. Identity of Principal: “A notarial officer who … takes an acknowledgment of a record … shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the officer has the identity claimed

   and

   1. … (IC 33-42-9-2[a]).

   2. Signature of Principal: “A notarial officer who … takes an acknowledgment of a record … shall determine … that the signature on the record is the signature of the individual (IC 33-42-9-2[a]).

Proofs

1. Definition: “As used in this chapter, ‘proof’, with respect to a notarial act, means a proof:
   ”(1) under common law; or
   ”(2) where the witness:
   “(A) appears before a notarial officer;
   “(B) was personally known by the notarial officer or identified by the notarial officer through satisfactory evidence;
   “(C) was not a party to, or a beneficiary of, the record being signed by the principal and the witness; and
   “(D) took an oath or gave an affirmation and testified to the following:
   “(i) The witness signed the record.
   “(ii) The witness identified the principal who signed the record.
   “(iii) The witness personally observed the principal sign the same record that the witness signed” (IC 32-21-2-1.7).

2. Authorization: “A deed may be proved according to the rules of common law before any officer who is authorized to take acknowledgments. A deed that is proved in the manner provided in this section is entitled to be recorded” A Notary Public and Remote Notary Public are authorized to take proofs (IC 32-21-2-63[b][2] and [3]).

Oaths and Affirmations

Definition: “‘Oath’ includes ‘affirmation’, and ‘to swear’ includes to ‘affirm’” (IC 1-1-4-5-[16]).

Verifications

1. Definition: “Verification on an oath or affirmation” means a declaration that a statement in a record is true” (IC 33-42-0.5-35).

2. Requirements

   1. Identity of Principal: “A notarial officer who … takes a verification of statement on an oath or affirmation … shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the officer has the identity claimed

   and

   1. …” (IC 33-42-9-2[a]).

   2. Signature of Principal: “A notarial officer who … takes a verification of statement on an oath or affirmation … shall determine … that the signature on the record is the signature of the individual” (IC 33-42-9-2[a]).

   3. Witness Signature

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1. 1. , Oath: The short form certificate of notarial act for a verification on oath or affirmation (NPG) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.

Signature Witnessings

Requirements

1. Identity of Principal: “A notarial officer who … attests or witnesses to a signature

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1. … shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the officer has the identity claimed

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1. …” (IC 33-42-9-2[a]).

Copy Certifications

1. RequirementsSignature of Principal: “A notarial officer who … attests or witnesses to or certifies a copy of a record or item shall verify that the copy is an accurate, full, and true reproduction or transcription of the record or item” a signature … shall determine that the signature on the record is the signature of the individual” (IC 33-42-9-2[ba]).Paper Printout of Electronic Record: “The recorder shall record a paper or tangible copy of an electronic record (as defined in IC 26-2-8-102) that is otherwise eligible under Indiana law to be recorded if the paper or tangible copy of the electronic record:
   “(1) contains an image of an electronic signature or signatures;
   “(2) contains an acknowledgment or proof as required by IC 32-21-2-3; and
   “(3) has been certified by a notarial officer, as described in IC 33-42-

2. 9-7(a), to be a true and correct copy of the electronic record as provided in subsection (c)” (IC 32-21-2.5.12[a]).
   The short form certificate of notarial act for a signature witnessing (NPG) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.

3. Witness Signature: The short form certificate of notarial act for a signature witnessing (NPG) states, “Signed (or attested) before me …” indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.

Copy Certifications

1. Requirements: “A notarial officer who attests to or certifies a copy of a record or item shall verify that the copy is an accurate, full, and true reproduction or transcription of the record or item” (IC 33-42-9-2[b]).

2. Paper Printout of Electronic Record: “A notarial officer who makes an acknowledgment or proof under IC 32-21 or IC 33-42 may certify that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by:
   “(1) executing and attaching the notarial officer's official seal to a tangible paper certificate; or
   “(2) affixing or attaching the certificate to the paper or tangible copy of an electronic record” (IC 32-21.2.5.12[c]).

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Definition: “‘Remote notarial act’ means a notarial act described in Section 18(1) through 18(5) of this chapter:
“(1) performed through audio visual communication; and
“(2) involving an electronic record”
“(1) performed through audio visual communication; and
“(2) involving an electronic record” (IC 33-42-0.5-26).

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STANDARDS OF PRACTICE

Personal Appearance

1. Definition: “‘Appearance’ or ‘appear’, with respect to a notarial act, refers to an individual’s presence before a notarial officer by:
   “(1) being:
   “(A) physically present before the notarial officer;
   “(B) able to interact with the notarial officer; and
   “(C) able to physically exchange tangible credentials or other documentation with the notarial officer; or
   “(2) the use of audio visual communication” (IC 33-42-0.5-

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1. 3)

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1. .

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Personal Appearance

1. Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the declarant or signatory shall appear personally before the notarial officer” (IC 33-42-9-3).
   “Require the personal appearance of your signer. The person signing the document must physically be in your presence for the notarization to be valid” (NPG).

2. Remote Notarial Acts: “(a) If a remote notarial act relates to a statement made in or a signature executed on a record, the principal shall appear before the remote notary public:
   “(1) physically; or
   “(2) by means of audiovisual communication described in section 6 of this chapter.
   ”(b) Any appearance described in subsection (a)(2) is considered to be an in person appearance for purposes of this chapter” ICV 33-42-17-4).
   “‘Appearance’ or ‘appear’, with respect to a notarial act, refers to an individual’s presence before a notarial officer by:
   “(1) being:
   “(A) physically present before the notarial officer;
   “(B) able to interact with the notarial officer; and
   “(C1) able to physically exchange tangible credentials or other documentation with the notarial officer; or
   “(2) the use of audio visual communication” by means of audiovisual communication described in section 6 of this chapter.
   ”(b) Any appearance described in subsection (a)(2) is considered to be an in person appearance for purposes of this chapter” (IC 33-42-0.517-34).

3. Improper Employer Requests: “Q. What if my boss insists that I notarize a document when the person has not signed or acknowledged his or her signature in my presence? – A. Explain to your boss that Indiana law requires the person [to] appear before a notary public personally before the notary can notarize the document. Failure to follow this procedure could result in civil and criminal liability for both the notary public and the boss. Also, the document may be invalidated by a court if it is improperly notarized” (NPG).

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1. Notarial Acts

   1. Requirement: “A notarial officer who:
      “(1) takes an acknowledgment of a record;
      “(2) takes a verification of statement on an oath or affirmation; or
      “(3) attests or witnesses to a signature;
      shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the notarial officer has the identity claimed and that the signature on the record is the signature of the individual” (IC 33-42-9-2).

   2. Personal Knowledge

      1. Requirements: “A notarial officer has personal knowledge of an individual’s identity if the:
         “(1) individual is personally known to the notarial officer; or
         “(2) notarial officer has transacted sufficient, prior business with the individual to know the individual’s identity” (IC 33-42-9-4[a]).

      2. Guidance: According to the “Notary Public Guide,” a Notary may claim to know the signer personally if at least one of the following criteria is met:
         ”• A long-term relationship. You should not use personal knowledge as identification for someone your boss introduced you to this morning.
         ”• Sufficient breadth of knowledge. You should know more about the individual than what a nodding acquaintanceship would bring.
         ”• Absolutely certain. You must have no reasonable doubt in your mind that the signer is who he or she claims to be. The test is whether you would be willing to swear to the person’s identity in court.”

   3. Identification Documents: “If a notarial officer does not have personal knowledge of an individual’s identity, the notarial officer may authenticate the identity of the individual through … [a]n inspection of any of the following that, if expired, has not been expired for more than three (3) years:
      “(A) The individual’s passport.
      “(B) The individual’s driver’s license.
      “(C) The individual’s government issued identification card.
      “(D) A credential that:
      “(i) is not described in clauses (A) through (C);
      “(ii) is government issued; and
      “(iii) contains a photograph of the individual” (IC 33-42-9-4[b][1]).
      “The following types of identification may be used to positively identify a client, as long as they are current and or not expired for more than three (3) years:
      ”• A driver’s license or identity card issued by any state;
      ”• A U.S. passport or a officially recognized passport of a foreign country;
      ”• A U.S. military identification card;
      ”• A identity card issued by a federally recognized Indian tribe; or
      ”• At least one current document issued by the federal government or a state, county, or other local government which contains the person’s photograph” (NPG).

   4. Credible Witness

      1. Definition: “‘Credible witness’ means an individual who:
         “(1) appears before a notarial officer;
         “(2) swears or affirms that the signer of a document is the individual whom the signer claims to be; and
         “(3) is known personally to the signer of the document and the notarial officer” (IC 33-42-0.5-8).

      2. Requirements: “If a notarial officer does not have personal knowledge of an individual’s identity, a notarial officer may authenticate the identity of an individual through … [a] verification on an oath or affirmation by a credible witness who:
         “(A) personally:
         “(i) appears before the notarial officer; and
         “(ii) is personally known by the notarial officer; or
         “(B) is identified to the notarial officer by a credential described in subsection [IC 33-42-9-4] (1)” (IC 33-42-9-4[b][2]).

      3. Guidance: “In order to use the credible witness as identification, the following must be met:
         ”• The notary must personally know the witness or identify the witness through an identification document…
         ”• The witness must personally know the signer.
         ”• Both the witness and the signer must be present during notarization.
         ”• The witness must take an oath from [the] notary. A sample oath/affirmation would be: “Do you swear (or affirm) that you personally know this document signer to be the individual he/she claims to be (so help you God)?”
         ”• The witness should be honest, competent, and impartial” (NPG).

   5. Additional Identification: “A notarial officer may require an individual to provide additional identification or information before performing a notarial act” (IC 33-42-9-4[c]).

2. Remote Notarial Acts

   1. Definitions

      1. Remote Presentation: “‘Remote presentation’ means an electronic transmission:
         “(1) by a principal;
         “(2) to a remote notary public; and
         “(3) of an image:
         “(A) of a credential; and
         “(B) that is of sufficient quality to allow for use of the image in credential analysis to identify the principal” (IC 33-42-0.5-28).

      2. Credential: “‘Credential’ means a valid, government issued form of identification that bears:
         “(1) a photograph; and
         “(2) the signature; of the individual identified” (IC 33-42-0.5-6).

      3. Credential Analysis: “‘Credential analysis’ means a process or service:
         “(1) approved by the secretary of state;
         “(2) performed by a third person; and
         “(3) through which review of public and proprietary data sources provides confidence concerning the validity of a credential” (IC 33-42-0.5-7).

      4. Dynamic knowledge based authentication assessment: “‘Dynamic knowledge based authentication assessment’ means a questionnaire that:
         “(1) approved by the secretary of stateconsists of questions about a principal that: “(A) are derived from private and public sources; and (B) have not been previously answered by the principal;
         “(2) performed by a third personis answered by the principal; and
         “(3) through which review of public and proprietary data sources provides confidence concerning the validity of a credential” is reviewed by a remote notary public to assist in verifying the identity of the principal” (IC 33-42-0.5-79).

      5. Identity Proofing: “‘Identity proofing’ means a process or service:
         “(1) that is approved by the secretary of state; and
         “(2) through which review by a third person of personal information:
         “(A) about an individual; and
         “(B) obtained from public and proprietary data sources; affirms the identity of the individual. The term may include dynamic knowledge based authentication assessment” (IC 33-42-0.5-16). “(4) Another method that uses technology that meets or exceeds the standards for approval established by the secretary of state under IC 33-42-16-2” (IC 33-42-17-5).

   2. Requirement: “The identity of the principal in a remote notarial act may be verified by either of the following:
      “(1) The remote notary public's personal knowledge of the principal's identity.
      “(2) A credible witness's knowledge of the principal's identity.
      “(3) All of the following:
      “(A) Remote presentation by the principal of a credential identifying the principal.
      “(B) Credential analysis and visual inspection by the remote notary public of the credential described in clause (A).
      “(C) Identity proofing of the principal, which may include a dynamic knowledge based authentication assessment or use of a public key infrastructure) Identity proofing of the principal, which may include a dynamic knowledge based authentication assessment or use of a public key infrastructure.
      “(4) Another method that uses technology that meets or exceeds the standards for approval established by the secretary of state under IC 33-42-16-2” (IC 33-42-17-15).

   3. Credential Analysis Standards: “Credential analysis must, at a minimum:
      “(1) verify the identity of a principal or any credible witness;
      “(2) utilize appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified; and
      “(3) enable the remote notary public to visually compare for consistency the information and photo presented on the credential itself and the principal as viewed by the remote notary public in real time through audio visual communication” (75 IAC 7-8-1[d]).

   4. Knowledge-Based Authentication Standards: “Dynamic knowledge based authentication must, at a minimum:
      “(1) contain five (5) questions, drawn from public or private data sources;
      “(2) generate a minimum of five (5) possible answer choices per question;
      “(3) maintain a passing score of at least eighty percent (80%); and
      “(4) require that all five (5) questions answered within two (2) minutes” (75 IAC 7-8-1[c]).
      “‘Dynamic knowledge based authentication assessment’ means a questionnaire that: “(1) consists of questions about a principal that: “(A) are derived from private and public sources; and (B) have not been previously answered by the principal;
      “(2) is answered by the principal; and
      “(3) is reviewed by a remote notary public to assist in verifying the identity of the principal” (IC 33-42-0.5-9).

Refusal of Services

1. Specific Grounds: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that:
   “(1) the individual executing the record is competent; or
   “(2) the individual’s execution of the record is being done knowingly or voluntarily” (IC 33-42-9-5[a]).

2. General Grounds: “A notarial officer may refuse to perform a notarial act unless the refusal is prohibited by law” (IC 33-42-9-5[b]).

3. Competency: “The notary must make a judgment that the signer is aware of what they are signing. A notary should not authenticate a signature or take the acknowledgment of a person if it is apparent, or suspected that a person is incoherent, disoriented, intoxicated or otherwise incapacitated” (NPG). The state’s “Notary “Public Guide” recommends Notaries to advise minors, and persons who are blind or deaf, mentally incapacitated or illiterate, seriously ill or dying to obtain legal advice before proceeding with the notarial act.
   “Although there are differing opinions on whether a notary public has a duty to determine the person’s competency, many experts recommend that the notary make a limited inquiry into the person’s ability to understand the contents of the document that the person is signing. The notary can make a quick assessment by asking the person if he or she understands the document. Clearly, a notary should refuse to notarize the signature of a person who unquestionably has no ability to understand the document (i.e. unconscious, incapacitated or mentally disabled)” (NPG).
   “Special care must be taken when notarizing for the elderly or those in a medical care setting. Awareness may need to be established by someone in authority (i.e. doctor, nurse, attorney). Medications can alter the customer’s reasoning abilities. Consult with the signer’s doctor/nurse/attorney and write down their remarks in the notarial journal [and] have the authority sign your journal by their remarks as to the awareness of the client. Prior to notarizing, ask the client some questions about the document to be sure that they understand what they are signing and seem competent in their responses. Common sense, as well as reasonable care and caution, are the prime indicators on whether to proceed. When in doubt, do not notarize, but note why in the notarial journal and advise the client to seek legal advice” (NPG).

Signature by Mark

1. Definitions

   1. Sign: “‘Sign’ means:
      “(1) to adopt or execute with a tangible symbol; or
      “(2) to:
      “ (A) adopt or execute with a tangible symbolassociate with; or
      “ (Bb) associate or attach to;
      a record an electronic process, sound, or symbol to a record;
      with the intent to adopt or authenticate a record” (IC 33-42-0.5-1-1129).

   2. Signature: “‘Signature’ means a tangible symbol or an electronic signature process, sound, or symbol that evidences the signing of a record" (IC 33-42-0.5-1-1230).

2. Authority: “A notary may take the acknowledgment of an individual who is illiterate or physically incapable of signing their name, if the individual signs their name with a mark, such as an X. The notary must confirm that in making the mark the individual indicates their understanding and acknowledges their signature” (NPG).

Signature by Proxy

1. mark, such as an X. The notary must confirm that in making the mark the individual indicates their understanding and acknowledges their signature” (NPG).

Signature by Proxy

1. Definition: “Designated alternative signer” means any person:
   “(1) signing in place of a disabled person;
   “(2) signing in the presence of the disabled person;
   “(3) establishing proof that the designated alternative signer has the authority to sign on behalf of the disabled person in question; and
   “(4) witnessed by another party who has no interest in the document being notarized.
   “However, a designated alternative signer cannot swear an oath of affirmation in the name of the disabled person” (75 IAC 7-1-3).

2. Authority: “(a) A principal may appoint or direct another individual to sign a record if the principal is physically unable to sign the record personally.
   “(b) A notarial officer shall note the principal’s use of an appointed or designated signatory on any record executed in the manner described in subsection (a) by:
   “(1) clearly labeling the appointee or designee’s signature;
   “(2) clearly labeling the name of the principal; and
   “(3) including or using language that conveys the principal’s intent to use an appointed or designated signatory” (IC 33-42-9-6).

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Visually-Impaired Signers

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1. Personal, Spouse, and Others: “A commission as a notary public does not allow a person to do the following: …
   “Perform [p]erform a notarial act for:
   “(A) oneself;
   “(B) one’s spouse; or
   “(C) any party:
   that may directly benefit a person described in clauses clause (A) or (B)” (IC 33-42-13-3[a][10]).

2. Federal Land Bank Association Exemption: “The manager, officers, and employees of a federal land bank association located in Indiana may become and act as a notary public in the business of the association to take acknowledgments of deeds and real estate mortgages and to take and certify affidavits” (IC 33-42-6-1).

3. Cemetery Association Exemption: Notaries who are stockholders or officers of any cemetery association, in taking acknowledgments for the sale of lots, as long as they are not beneficiaries (IC 33-42-7-1).

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1. False or Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (IC 33-42-13-3[b]).

2. ‘Notario Publico’ Deception: “A notary public, other than an attorney licensed to practice law in Indiana, may not use the term ‘notario’ or ‘notario publico’” (IC 33-42-13-3[c]).
   “(a) A person who knowingly or intentionally:
   “(1) advertises notarial services without using the disclaimer described in section [IC 33-42-13] 3(d) of this chapter;
   “(2) advertises notarial services while claiming to be an expert on immigration matters without being a designated entity as described in 8 CFR 245 a.11; or
   “(3) accepts payment in exchange for providing legal advice or any other assistance that requires legal analysis, judgment, or interpretation of the law commits notario publico deception, a Class A misdemeanor.
   “(b) It is a defense to a prosecution under this section that a notary public is also licensed to practice law in Indiana” (IC 33-42-13-43[c]).

3. Mandatory Notice: “(d) Except as provided in subsection (g), a notary public may not advertise or represent that the notary public can draft legal documents, provide legal advice, or otherwise practice law. Any notary public who advertises notarial services shall include the following statement in each advertisement: ‘I am not an attorney licensed to practice law in Indiana. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.’
   “(e) The disclaimer described in subsection (d) shall be translated into every language used in an advertisement.
   “(f) If size or space restrictions make it impossible for the statement to be incorporated into an advertisement, the statement described in subsection (d) shall be prominently displayed at the site where the notarial act is performed. A display described in this subsection must be shown before the performance of a notarial act.
   “(g) Subsections (c) through (f) do not apply to a notary public who is in this subsection must be shown before the performance of a notarial act.
   “(g) Subsections (c) through (f) do not apply to a notary public who is licensed to practice law in Indiana” (IC 33-42-13-3[d] through [g]).

4. Penalties: “(a) A person who knowingly or intentionally:
   “(1) advertises notarial services without using the disclaimer described in section [IC 33-42-13] 3(d) of this chapter;
   “(2) advertises notarial services while claiming to be an expert on immigration matters without being a designated entity as described in 8 CFR 245 a.11; or
   “(3) accepts payment in exchange for providing legal advice or any other assistance that requires legal analysis, judgment, or interpretation of the law commits notario publico deception, a Class A misdemeanor.
   “(b) It is a defense to a prosecution under this section that a notary public is also licensed to practice law in Indiana” (IC 33-42-13-3[d] through [g]4).

In-Person Electronic Notarial Acts

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1. Applicable Law

   1. Indiana Code Title 33, Article 42, Chapter 17: In 2018, Indiana enacted substantive provisions regarding remote online notarization in its Notary statutes. These provisions are summarized below.

   2. Indiana Administrative Code Title 35, Article 7: In 2020, the Indiana Secretary of State adopted rules regarding remote online notarizations. These rules are summarized below.

2. Effective Date: Public Law 59 of 2018 (Senate Bill 372) specified an effective date of July 1, 2019 for Indiana’s remote online notarization provisions. Nevertheless, Public Law 177 of 2019 (House Bill 1487) extended the effective date to the date when the Secretary of State adopts regulations to implement remote online notarization or July 1, 2020, whichever is earlier . (IC 33-42-16-17). The regulations, summarized in pertinent part below, were adopted on March 31, 2020.

3. Technology Systems

   1. Approval of System Providers: Required.
      “Technology used by a remote notary public for use in performing remote notarial acts must first be approved by the secretary of state” (IC 33-42-17-6[a]).

   2. List of Approved System Providers: “The secretary of state shall maintain on the secretary of state's Internet web site an electronic data base of active … vendors of technology that are approved by the secretary of state under section 6 of this chapter” (IC 33-42-17-11[2]).
      A list of aprroved approved systems for use by Indiana Notaries may be found at the Secretary of State’s website a https://inbiz.in.gov/certification/notary and select “Remote Notary.”

   3. Standards for Approval: “(b) The secretary of state may approve technology described in subsection (a) only if the:
      “(1) technology:
      “(A) is tamper evident;
      “(B) allows a remote notarial act to be completed in accordance with this article;
      “(C) conforms to rules adopted by the secretary of state under IC 4-22-2; and
      “(D) if the technology is to be used for a remote notarial act described in section 4(a) of [IC 33-42-17], allows for audiovisual communication between the parties; and
      “(2) vendor of the technology described in subdivision (1):
      “(A) uses a traditional or cloud based backup strategy that is acceptable to the secretary of state for use as a record keeper for any record that is related to a remote notarial act; and
      “(B) signs an agreement with the owner of the backup strategy described in clause (A) that, in the event that the vendor ceases business operations, the owner is required to release to the secretary of state any record described in clause (A)” (IC 33-42-17-6[a] and [b]).

   4. Rules for Remote Technology Vendors: “(a) A remote technology vendor must apply with and be approved by the secretary of state.
      “(b) The secretary of state must provide the names and contact information of approved remote technology vendors on its official website.
      “(c) Remote technology vendors must provide notice to the secretary of state within fifteen (15) days if their contact information changes.
      “(d) Remote technology vendors must provide notice to notaries utilizing their services and the secretary of state’s office fifteen (15) days prior to the date that they will no longer provide remote technology services.
      “(e) If a remote technology vendor intends to make material modifications that affect its compliance with Indiana law or this title, notice must be provided to the secretary at least ten (10) days prior to such modifications, and implementation shall only occur upon receiving the approval from the secretary of state.
      “(f) A remote technology vendor must electronically report the following:
      “(1) A monthly listing of all notaries public that have on-boarded to the vendor’s software.
      “(2) A monthly listing of all notaries public that have off-boarded from the vendor’s software.
      “(g) A remote technology vendor application expires two (2) years after the date the application is approved” (75 IAC 7-8-3).

   5. Remote Notary System Standards: “A remote notary system used to perform remote notarial acts by means of audio visual communication must:
      “(1) provide for real time audio visual feeds;
      “(2) provide sufficient video resolution and audio clarity to enable the remote notary public and the principal to see and speak to each other simultaneously through real time transmission;
      “(3) provide sufficient captured image resolution for credential analysis to be performed;
      “(4) include a means of authentication that reasonably ensures only the proper parties have access to the audio visual communication;
      “(5) provide some manner of ensuring that the electronic record that is subject to the remote notarial act is the same record electronically signed by the principal;
      “(6) securely create, store, and transmit an electronic recording of the audio visual communication, maintaining the confidentiality of any identity proofing responses or analysis; and
      “(7) provide reasonable security measures to prevent unauthorized access to:
      “(A) the real time transmission of the audio visual communication;
      “(B) a recording of the audio visual communication;
      “(C) the verification methods and credentials used to verify the identity of the principal; and
      “(D) the electronic documents presented for electronic notarization” (75 IAC 7-8-2[a]).
      “Identity proofing and credential analysis must be facilitated by an approved remote technology vendor” (75 IAC 7-8-1[a]).

   6. Exiting Authentication or Disruption of Communication: “If the principal exits the authentication workflow or the communication is materially interrupted, the principal must meet the criteria outlined in this section and restart the identity proofing and credential analysis” (75 IAC 7-8-1[e]).

4. Selection of Technology: “A remote notary public:
   “(1) may select one (1) or more technologies approved by the secretary of state under this section to perform remote notarial acts; and
   “(2) may not be required to use a particular technology not previously selected by the remote notary public” (IC 33-42-17-96[c]).

5. Authority of Remote Notary: “A remote notary public:
   “(1) is a notary public subject to IC 33-42-12 to the same extent as a notary public who is not registered under this chapter;
   “(2) may perform notarial acts under IC 33-42-9 in addition to performing remote notarial acts; and
   “(3) may perform remote notarial acts in accordance with this chapter” (IC 33-42-17-3[a]).

6. Location of Remote Notary: “A remote notary public may perform a remote notarial act only if the remote notary public is physically present in Indiana at the time the remote notarial act is performed” (IC 33-42-17-2[g]).

7. Indiana Law Primary: “Regardless of the physical location of the principal at the time of the notarial act, the validity of a remote notarization performed by a remote notary public commissioned in Indiana must be determined under the laws of this state” (IC 33-42-17-3[i]).
   “A remote notarial act performed in accordance with this chapter is considered to have been performed in Indiana, regardless of the physical location of the principal at the time the remote notarial act is performed” (IC 33-42-17-12).
   “Subject to [IC 33-42-17-3] subsection (e), a remote notarial act performed:
   “(1) by a remote notary public commissioned in Indiana; and
   “(2) using audiovisual communication technology described in subsection (c);
   ”is considered to have been performed in Indiana, regardless of the physical location of the principal at the time the remote notarial act is performed, and is governed by Indiana law” (IC 33-42-17-3[d]).

8. Audiovisual Communication Technology

   1. Definitions

      1. Audio Visual Communication: “‘Audio visual communication’ means real time, two-way, visual and auditory communication through technology” (IC 33-42-0.5-5).

      2. Real Time: “‘Real time’ means the actual span of uninterrupted, simultaneous communication during which all parts of an online notarial act using audio visual communication occur excluding issues or buffering that does not materially affect the substantive communication between the notary public and the signer” (75 IAC 7-1-5).

   2. Requirements: “A remote notary public may use audiovisual communication technology in performance of a remote notarial act described in subsection (b) if the remote notary public has first:
      “(1) selected an audiovisual communication technology that has been approved by the secretary of state under rules adopted under IC 4-22-2; and
      “(2) notified the secretary of state of the selection” (IC 33-42-17-3[c]).

9. Location of Principal: Indiana statute allows a remote Notary to perform a remote notarial act using audiovisual communication technology for a principal who is present in Indiana, outside Indiana, but within the United States, or outside the United States (see requirements for remotely located principals outside the United States below) (IC 33-42-17-3[e]).

10. Principal Outside the United States: A remote notary public may perform a remote notarial act using audiovisual communication technology for a principal that is present outside the United States if the requested notarial act is not prohibited in the jurisdiction where the principal is present at the time of the remote notarial act. In addition, the remote notarial act must concern a matter that is before a court, a governmental entity, or another entity in; concern a property located in; or relate to a transaction substantially connected to a territory or jurisdiction of; the United States (IC 33-42-17-3[e]).

11. Electronic Journal of Remote Acts: For the requirements of keeping an electronic journal of remote notarial acts, see “Records of Notarial Acts,” below.

12. Audiovisual Recording: For the requirements of making and keeping an audiovisual recording of remote notarial acts, see “Records of Notarial Acts,” below.

13. Refusal of Remote Acts: “In addition to the refusal grounds set forth in IC 33-42-9-5, relating to refusal of requests for notarial services, a remote notary public must refuse to perform a remote notarial act if:
    “(1) the remote notary public is unable to verify the identity of the principal using an acceptable means of identification;
    “(2) the remote notary public is unable to verify the security of the audio visual communication;
    “(3) the signature of the principal cannot be attached to the electronic document; or
    “(4) the digital certificate or electronic seal of the remote notary public cannot be attached to the electronic document to render the document tamper evident” (75 IAC 7-5-2).

14. Fees for Remote Acts: See “Fees for Notarial Acts,” below for the maximum and ancillary fees a remote Notary may charge to perform a remote notarization.

15. Validity of Remote Acts

    1. Presumption of Validity: “A remote notarial act performed by a remote notary public is presumed valid, regardless of the failure of the remote notary public to perform a duty or meet a requirement of this chapter” (IC 33-42-17-10[a]).

    2. Limitations: “The presumed validity under subsection (a) of a remote notarial act does not do the following:
       “(1) Apply to a remote notarial act that is:
       “(A) performed by an unauthorized individual; or
       “(B) described in IC 33-42-13-3(a)(10).
       “(2) Prevent an injured party from seeking:
       “(A) the invalidation of a record or transaction reliant upon an incomplete remote notarial act; or
       “(B) another remedy under state or federal law” (IC 33-42-17-10[b]).

16. Advance Directives: Effective July 1, 2021, Public Law 50-2021 (Senate Bill 204) authorized Notaries to perform remote notarial acts on advance directives for healthcare. For the detailed requirements to perform remote notarial acts on these records, see Indiana Code 16-36-7-1 through 16-36-7-44. Sections of particular importance to review in performing these notarial acts are IC 16-36-7-18 (definition of “observe”) and IC 16-36-7-28 (requirements for signing advance directives.

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“(a) The failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer.
“(b) The presumed validity of a notarial act under this section does not prevent an injured party from seeking:
“(1) the invalidation of a record or transaction reliant upon an incomplete notarial act; or
“(2) any other remedy provided by the laws of Indiana or the laws of the United States.
“(c) The presumed validity of a notarial act described in subsection (a) does not apply to notarial acts:
“(1) performed by unauthorized persons; or
“(2) described in IC 33-42-13-3(a)(10)” (IC 33-42-16-1).

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

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IC 33-42-

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3(a)

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10)” (IC 33-42-16-1).

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CERTIFICATE OF NOTARIAL ACT

Certificate Requirements

1. General Requirement: “A notarial act must be authenticated by a certificate” (IC 33-42-9-12[ga]).

2. Specific Requirements: “A notarial act must be authenticated by a certificate bearing the date of the notarial act and the signature of the notarial officer. A properly completed certificate must conform to the following conditions:
   “(1) The certificate must be completed contemporaneously with the performance of the notarial act.
   “(2) The certificate must be signed and dated by the notarial officer. If the notarial officer is a notary public, the certificate must be signed in the manner on file with the secretary of state for the specific notary public.
   “(3) The certificate must identify the jurisdiction in which the notarial act is performed as follows:
   “(A) For a notarial act that is not a remote notarial act, the county and state in which the principal or witness appears before the notarial officer.
   “(B) For a remote notarial act, the information required by IC 33-42-17-7(a)(3).
   “(4) The certificate must display the title of the notarial officer.
   “(5) If the notarial officer is a notary public, the certificate must display:
   “(A) the expiration date of the notary public’s commission; and
   “(B) either of the following:
   “(i) The Indiana county of the notary public’s commission.
   “(ii) If the notary public is not a resident of Indiana but is primarily employed in Indiana, the Indiana county where the notary public is primarily employed” (IC 33-42-9-12[a]).

3. Venue: “The beginning of each notarial certificate should include jurisdictional information that indicates where the document was notarized, similar to the following: State of ______ ), County of _______ )” (NPG).

4. Notary Public Seal: “A notary public who performs a notarial act shall:
   “(1) affix, display, or emboss the notary public’s official seal; and
   “(2) print or type the notary public’s name underneath the notary public’s signature on a certificate of acknowledgment, proof (as defined in and permitted under IC 32-21-2), or other official record unless the name of the notary public:
   “(A) appears in printed form on the record; or
   “(B) appears as part of the notary public’s official seal; and is legible when the record is photocopied” (IC 33-42-9-12[b]).

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

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Indiana statute contains many certificate forms for notarial acts, including remote notarial acts. These certificate forms appear below.

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1. Certificate of Notarial Act: “A certificate of a notarial act or an electronic notarial certificate … is sufficient if it meets the requirements described in [IC 33-42-9-12] subsections (a) and (b) and:
   “(1) is in a form permitted by the laws of this state;
   “(2) is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or
   ”(3) sets forth the actions of the notarial officer” (IC 33-42-9-12[f]).

2. Electronic Notarial Certificate: “…[A]n electronic notarial certificate is sufficient if it meets the requirements described in [IC 33-42-9-12] subsections (a) and (b) and:
   “(1) is in a form permitted by the laws of this state;
   “(2) is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or
   “(3) sets forth the actions of the notarial officer” (IC 33-42-9-12[f]).

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1. Notaries Public: “If a notarial act is performed on an electronic record by a notary public:
   “(1) the electronic notarial certificate must contain the information described in subsection (a)(2) through (a)(5); and
   “(2) the notary public's electronic seal must be attached to or associated with the electronic notarial certificate” (IC 33-42-9-12[d]).

2. Other Notarial Officers: “If a notarial act is performed on an electronic record by a notarial officer other than a notary public:
   “(1) the electronic notarial certificate must contain the information described in subsection (a)(2) through (a)(4); and
   “(2) the notarial officer's official seal must be attached to or associated with the electronic notarial certificate” (IC 33-42-9-12[e]).

3. Other Requirements: “An electronic notarial certificate of a remote notarial act must:
   “(1) specify that the notarial act is a remote notarial act;
   “(2) include a space in which a remote notary public may indicate whether the principal in the remote notarial act appeared before the remote notary public under section 4(a)(1) or 4(a)(2) of [IC 33-42-17]; and
   “(3) specify the:
   “(A) city and county in Indiana in which the remote notary public is physically located when the remote notary public performs the remote notarial act; and
   “(B) city, county, state or province, and country in which the principal is physically located when the principal signs the document” (IC 33-42-17-7[a]; see also 75 IAC 7-5-1[e]).

Executing a Certificate

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SEAL AND SIGNATURE

Definitions

1. Official Seal: “‘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: “'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: “‘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 notary public's name as it appears on the notary public's commission certificate;
   “(D) the words, ‘commission number’, followed by the commission number of the notary public; and
   “(E) 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]) (emphasis added). In addition, IC 33-42-05-1[13])9-12(b)(2)(B) requires the name of the Notary that is part of the Notary’s official seal to be legible when the record is photocopied.

   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 name of the notary public exactly as it appears on the notary public’s commission certificate.
      “(4) The words ‘commission number’ followed by the commission number of the notary public.
      “(5) 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’;

      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]).

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Evidentiary Value of Seal

1. Self-Authentication: “A notary public’s official seal, when properly:
   “(1) executed; and
   “(2) affixed, associated, or attached to a record;
   “shall make the record self-authenticating for the purpose of a court proceeding” (IC 33-42-10-4).

2. Presumptive Evidence: “Certificates or instruments, either printed or written, purporting to be:
   “(1) the official act of a notary public of this state, of the District of Columbia, or of any other state or territory of the United States; and
   “(2) under the seal and signature of a notary public;
   “shall be received as presumptive evidence of the official character of the instrument and of the facts set forth in the instrument (IC 34-37-1-5).

Security of Seal

“(a) A notary public is responsible for the security of any stamping device used for notarial acts by the notary public.
“(b) A notary public shall not allow any other person to make use of the stamping device used by the notary public when performing notarial acts” (IC 33-42-10-3[a] and [b]).

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Legislative Notaries Public

1. Definition: “As used in this chapter [IC 2-3-4], ‘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 2-3-4-.05).

2. Seal Required: “(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.

3. Notarial Act Void Without Seal: “(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).

4. Expiration Date: “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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1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Required.
      “A remote notary public who performs a remote notarial act shall personally do the following:
      “(1) Enter each remote notarial act in an electronic journal.
      “(2) Maintain the electronic journal.
      “(3) Keep the electronic journal in the exclusive control of the remote notary public.
      “(4) Use commercially reasonable means to prevent unauthorized access to the electronic journal.”
      “(5) Provide for the lawful copying and inspection of the electronic journal” (IC 33-42-17-8[a]).
      “An employer may not perform the responsibilities described in subsection (a) on behalf of a remote notary public” (IC 33-42-17-8[a]).

2. Recording of Remote Notarial Acts: Required.
   “(f) A “A remote notarial act that is performed using audiovisual communication technology described in subsection (c) must be captured by an audiovisual recording, regardless of whether the requested remote notarial act is completed.
   “(g) Before completed” (IC 33-42-17-3[f]).

   1. Notice: “Before performing a remote notarial act described in subsections (b) and (c), a remote notary public shall inform the participating parties that the remote notarial act will be captured by an audiovisual

   recording.
   “(h)

   1. recording” (IC 33-42-17-3[g]).

   2. Contents: An audiovisual recording of a remote notarial act must include the following:
      “(1) A recitation of the following by the remote notary public:
      “(A) Identifying information sufficient to identify the specific remote notarial act performed.
      “(B) A statement explaining one (1) of the following:
      “(i) That the principal's identity is authenticated through the remote notary public's personal knowledge of the principal's identity.
      “(ii) That the identity of the principal is authenticated by a credible witness.
      “(2) A confirmation by the principal that the principal's electronic signature is freely and voluntarily issued” (IC 33-42-17-

   3[f] and [g

   1. 3[h]).

      1. Notarial Act: “In addition, the notary public must at a minimum … [e]nsure that an audio visual recording captures the notarial act performed” (75 IAC 7-5-1[g][3]).

      2. Personally-Known Principal: “If the principal is personally known to the remote notary public, the audio visual conference must include a statement disclosing the personal relationship” (75 IAC 7-5-1[

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1. 1. 1. h]).

Journal Recommendation

Notarial Acts: “Indiana does not require notaries to maintain a journal of their notarial acts. Leading notary associations recommend that notaries maintain a journal, both as a good professional practice and as protection in the event the notary is accused of fraud or malpractice. The Secretary of State’s office strongly recommends that notaries record all their notarial acts in a notary journal” (NPG).

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Lost, Stolen, Compromised Electronic Journal

“(e) Upon “Upon a remote notary public’s learning that an electronic journal is lost, stolen, or compromised, the remote notary public shall notify the secretary of state within fifteen (15) days” (75 IAC 7-6-1-[e]).

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“Fees for notarial acts not described in [IC 33-42-14-1] subsection (a) are negotiable” (IC 33-42-14-1[b]).

Travel Fees

“A notary public may charge a reasonable fee for traveling to perform a notarial act. The travel fee requested may not exceed the federal travel fees established by the United States General Services Administration” (IC 33-42-14-1[e]).

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“(f) Except as provided in subsection [IC 33-42-214-71](g), an individual who is a:
“(1) public official; or
“(2) deputy or appointee of a public official;
may not charge for notarial acts performed by the individual in connection with any official business of the public official or any other office belonging to the governmental unit in which the individual serves.
“(g) Subsection (f) does not apply to a person or transaction authorized by another statute to charge a fee for performing notarial acts” (IC 33-42-2-7[b14-1[f] and [g]).

Display of Fees

“If a fee is charged for a notarial act, the notary public shall display, in advance, a list of the fees that the notary public will charge” (IC 33-42-14-1[c]).

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“A remote notary public may charge a reasonable fee to recover expenses related to copying of:
“(1) electronic journal entries; or
“(2) audiovisual recording of remote notarial acts” (IC 33-42-17-9[ab]).

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REAL ESTATE PRACTICES

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1. Notarization Requirement: “(a) Any instrument to be recorded must have one (1) of the following notarial acts:
   ”(1) An acknowledgment (as defined in IC 33-42-0.5-2).
   ”(2) A proof.
   ”(b) A notarial act described in subsection (a)(1) must be performed:
   ”(1) by a notarial officer (as defined in IC 33-42-0.5-19);
   ”(2) by a remote notary public (as defined in IC 33-42-0.5-27); or
   ”(3) in compliance with:
   ”(A) IC 33-42-9-8;
   ”(B) IC 33-42-9-9;
   ”(C) IC 33-42-9-10; or
   ”(D) IC 33-42-9-11.
   ”(c) The notarial act described in subsection (a)(2) must be performed:
   ”(1) by a notarial officer (as defined in IC 33-42-0.5-19); or
   ”(2) in compliance with:
   ”(A) IC 33-42-9-8;
   ”(B) IC 33-42-9-9;
   ”(C) IC 33-42-9-10; or
   ”(D) IC 33-42-9-11.
   ”(d) In addition to the requirements specified under subsections (a) and (b), an instrument may not be recorded unless it meets the requirements of:
   ”(1) this article;
   ”(2) the notarial requirements for an acknowledgment or for a proof; and
   ”(3) IC 36-2-11.
   ”(e) A conveyance must include a statement containing substantially the following information: "The mailing address to which statements should be mailed under IC 6-1.1-22-8.1 is [insert proper mailing address]. The mailing address of the grantee is [insert proper mailing address].".
   “The mailing address for the grantee must be a street address or a rural route address. A conveyance complies with this subsection if it contains the address or addresses required by this subsection at the end of the conveyance and immediately preceding or following the statements required by IC 36-2-11-15.
   ”(f) If the instrument is executed in a foreign country, where the instrument, its acknowledgment, or its proof is in a language other than English, the instrument must include a translation from the other language into English” (IC 32-21-2-3).

2. Notarial Instrument Without Certificate Requirement: “(a) This section applies to a conveyance or other instrument entitled by law to be recorded.
   “(b) The recorder of the county in which the land included in a conveyance or other instrument is situated shall record the deed or other instrument together with the requisite certificate of acknowledgment or proof endorsed on the deed or other instrument or annexed to the deed or other instrument.
   “(c) Unless a certificate of acknowledgment is recorded with a deed, the record of the conveyance or other instrument or a transcript : “If an instrument is recorded without an acknowledgment's or proof's certificate as required under this article and IC 33-42-9-12, the instrument or a transcript of the instrument may not be read or received in evidence” (IC 32-21-2-11).

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“(a) The secretary of state may attest to the authenticity of the signature of a public official in Indiana.
“(b) Except as provided in subsection (c), the secretary of state may attest to the authenticity of a signature or certify a signature of a notary public.
“(c) The secretary of state may not certify or attest to the signature of a notary public on a document regarding:
“(1) allegiance to a government or jurisdiction;
“(2) the relinquishment or renunciation of citizenship, military status, sovereignty, or world service authority; or
“(3) a claim of immunity from the jurisdiction of the United States, the laws of any state of the United States, or federal law” (IC 33-42-15-1States, or federal law” (IC 33-42-15-1).

1. Address: Office of Secretary of State
   Authentication Department
   302 W. Washington St., Room E-018
   Indianapolis, IN 46204

2. Phone: 317-232-2677

3. Procedure

   Procedure: Mail or present in person the original notarized document, which must have the original signature and seal/stamp of a Notary. An accompanying cover letter must indicate the nation to which the document(s) will be sent, a daytime phone number for questions about the document(s), and where the document(s) should be mailed after processing.

   1. Mail and In-Person Requests: Mail or present in person the original notarized document, which must have the original signature and seal/stamp of a Notary. “All apostille requests should be mailed. For documents delivered in person, the office cannot guarantee a prompt turnaround due to high volume” (website, “Apostilles”).

   2. Cover Letter: An accompanying cover letter must indicate the nation to which the document(s) will be sent, a daytime phone number for questions about the document(s), and where the document(s) should be mailed after processing (website, “Apostilles”).

   3. Fees: “(a) The secretary of state shall collect two dollars ($2) for each attestation provided under this chapter. However, no fee may be collected for an attestation pertaining to the following:
      “(1) An adoption.
      “(2) A birth certificate issued by the state of Indiana.
      “(3) A death certificate issued by the state of Indiana.
      “(4) A student: (A) transcript; or (B) diploma; issued by an academic institution domiciled in Indiana and attested to in a notarial act by the academic institution’s registrar or equivalent official.
      “(5) A document prepared by the secretary of state.
      “(b) A fee collected under subsection (a) is nonrefundable” (IC 33-42-15-2).

4. Address: Office of Secretary of State
   Authentication Department
   302 W. Washington St., Room E-018
   Indianapolis, IN 46204

5. Phone: 317-232-2677

6. 1. Return Envelope With Postage: A postage-paid envelope must be included

   . “All apostille requests should be mailed. For documents delivered in person, the office cannot guarantee a prompt turnaround due to high volume.

   1. (website, “Apostilles”).

   2. Processing Time: If you are requesting more than fifteen (15) documents, you must come in and drop off for the following turnaround times: Requests received by noon will be completed by noon the following business day; Filings received after noon will be completed by noon in two business days” (website, “Apostilles”).

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