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January 21,
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2025
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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.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.”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]).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]).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).Application
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.
Bond: The applicant must obtain a $25,000 bond prior to making application and provide proof of such bonding with the application.
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).
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.
Contact Information: Applicants must provide their personal address, phone number, and email address so the Secretary of State may send important updates (NPG).
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.
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).
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]).
Background Screening: Required.
“The application for a notary public commission must include the following:”… [a] criminal background check that is not more than six (6) months old that may be required by the secretary of state.” state” (75 IAC 7-2-1[b][11]).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).
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]).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]).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]).
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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Definition: “Verification on an oath or affirmation” means a declaration that a statement in a record is true” (IC 33-42-0.5-35).
Requirements
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 …” (IC 33-42-9-2[a]).
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]).
Oath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (NPG) indicating that the Notary Public performing the verification must administer an oath or affirmation the principal.
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (NPG) indicating that the Notary Public performing the verification must personally witness the principal sign the record.
Signature Witnessings
Requirements
Identity of Principal: “A notarial officer who … attests or witnesses to a signature … shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the officer has the identity claimed …” (IC 33-42-9-2[a]).
Signature of Principal: “A notarial officer who … attests or witnesses to a signature … shall determine that the signature on the record is the signature of the individual” (IC 33-42-9-2[a]).
The short form certificate of notarial act for a signature witnessing (NPG) states, “Signed and sworn to a signature … shall determine that the signature on the record is the signature of the individual” (IC 33-42-9-2[a])(or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.
Witness Signature: The short form certificate of notarial act for a signature witnessing states, “Signed (or attested) before me …” (NPG) indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.
Copy Certifications
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]).
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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Refusal of Services
Specific Grounds
Competence: “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
“(2) the individual’s execution of the record is being done knowingly or voluntarily”competent….” (IC 33-42-9-5[a][1]).
Willingness: “A notarial officer may refuse to perform a notarial act
if the notarial officer is not satisfied that … the individual’s execution of the record is being done knowingly or voluntarily” (IC 33-42-9-5[a][
2]).
“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).
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]).
Signature by Mark
Definitions
Sign: “‘Sign’ means:
“(1) to adopt or execute with a tangible symbol; or
“(2) to:
(A) associate with; or
(b) attach to;
a record an electronic process, sound, or symbol;
with the intent to adopt or authenticate a record” (IC 33-42-0.5-29).Signature: “‘Signature’ means a tangible symbol or an electronic process, sound, or symbol that evidences the signing of a record" (IC 33-42-0.5-30).
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).
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The below typical, actual-size examples of traditional official Notary stamping devices and electronic Notary official seals which are allowed by Indiana law. Formats other than these may also be permitted.
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“(a) A notarial act performed in another state is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed in the other state is performed by:
“(1) a notary public of the other state;
“(2) a judge, clerk, or deputy clerk of the other state; or
“(3) any other individual authorized by the law of the other state to perform notarial acts.
“(b) The signature and title of an individual performing a notarial act in another state is prima facie evidence of the fact that:
“(1) the signature is genuine; and
“(2) the individual holds the designated title.
“(c) The signature of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establishes the authority of the notarial officer to perform the notarial act” (IC 33-42-9-8).
Notarial Acts
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Under Authority of Federally Recognized Indian Tribe
“(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act is:
“(1) performed within the territory of the Indian tribe; and
“(2) performed by:
“(A) a notary public of the Indian tribe;
“(B) a judge, clerk, or deputy clerk of the Indian tribe; or
“(C) any other individual authorized by the laws of the Indian tribe to perform the notarial act.
“(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence of the fact that:
“(1) the signature is genuine; and
“(2) the individual holds the designated title.
“(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establish the authority of the notarial officer to perform the notarial act” (IC 33-42-9-9).
Notarial
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Acts Under Federal Law
“(a) A notarial act performed under federal law shall be presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed under federal law is performed by:
“(1) a judge, clerk, or deputy clerk of a court;
“(2) an individual who is authorized to perform the notarial act under federal law and is: (A) presently serving in the armed forces of the United States; or (B) performing duties under the authority of the armed forces of the United States;
“(3) an individual designated as a notarial officer by the United States Department of State for the purpose of performing notarial acts overseas; or
“(4) a commissioned officer with the rank of:
“(A) second lieutenant or higher in the active service of the: (i) United States Army; or (ii) United States Marine Corps; or
“(B) ensign or higher in the active service of the: (i) United States Coast Guard; or (ii) United States Navy; or
“(5) any other individual authorized by federal law to perform the notarial act.
“(b) The signature and title of an individual acting under federal authority while performing a notarial act are prima facie evidence of the fact that:
“(1) the signature is genuine; and
“(2) the individual holds the designated title.
“(c) The signature and title of a notarial officer described in subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority of the notarial officer to perform the notarial act” (IC 33-42-9-10).
Notarial
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Acts in Foreign
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State
“(a) As used in this section, “foreign” means a government other than the United States, a state, or a federally recognized Indian tribe.
“(b) If a notarial act is performed under the authority of and in the jurisdiction of:
“(1) a foreign state;
“(2) a constituent component of a foreign state; or
“(3) an international or multinational governmental organization;
the notarial act is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana.
“(c) If evidence of authority and title of office appear in a digest of law or comparable listing, the authority of an officer with that title to perform notarial acts is conclusively established.”
“(d) The signature and official seal of an individual holding an office described in subsection (c) are prima facie evidence of the authenticity of:
“(1) the signature; and
“(2) the title of the office holder.
“(e) An apostille in the form:
“(1) prescribed by the Hague Convention of October 5, 1961; and
“(2) issued by a foreign state that is a party to the convention described in subdivision (1);
establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(f) A consular authentication:
“(1) issued by an individual designated as a notarizing officer:
“(A) by the United States Department of State; and
“(B) for notarial acts performed overseas; and
“(2) affixed or attached to the record associated with the execution of a notarial act;
conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office” (IC 33-42-9-11).
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Address: Office of Secretary of State
Authentication Department
302 W. Washington St., Room E-018
Indianapolis, IN 46204Phone: 317-232-2677
Procedure
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”).
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”).
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).Return Envelope With Postage: A postage-paid envelope must be included (website, “Apostilles”).
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”).
© 2024 2025 National Notary Association.