Indiana - U.S. Notary Reference
Last updated: July 30, 2025
QUICK FACTS
Notary Jurisdiction
Statewide (IC 33-42-12-1[g]).
Notary Term Length
Eight years (IC 33-42-12-1[f]).
Notary Assurance
$25,000 (IC 33-42-12-1[c][4]).
Notary Seal
Required (IC 33-42-9-12[b]).
Notary Journal
Required for remote notarizations (IC 33-42-17-8[a]).
ADMINISTRATION AND RULES
Commissioning and Regulating Official
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 and 33-42-12-3).
Contact Information
Address: Office of Secretary of State
Business Services Division
Notary Department
State House, Room 201
200 W. Washington St.
Indianapolis, IN 46204Phone: 317-232-6542
Laws, Rules and Guidelines
Laws
Indiana Code: Most Notary statutes are in the Indiana Code (IC), Title 33, Article 42 (“Notaries Public”).
Citations: Citations to the Code in this chapter follow this convention: IC, title followed by a hyphen, article followed by a hyphen, chapter number and section separated by a hyphen, and any paragraph and subparagraph within the section, if any, in brackets. Example: IC 33-42-12-1[b][1].
Rules
Indiana Administrative Code: Administrative rules are in the Indiana Administrative Code (IAC), Title 75, Article 7 (“Notary Public Governance”).
Citations: Citations to the Code in this chapter follow this convention: Title, IAC, article followed by a hyphen, rule followed by a hyphen, and section number with any paragraph and subparagraph within the section, if any, in brackets. Example: Example: 75 IAC 7-2-3[b].
Guidelines: Guidelines for Notaries may be found in the Indiana “Notary Public Guide” (NPG) (revised May 20, 2024) and available on the Secretary of State’s website.
COMMISSION AND APPOINTMENT
Commission Process
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” (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]).
Registration to Perform Remote Notarial Acts
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]).
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]).
Qualifications: “A notary public is eligible to register under [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]).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]).
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]).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]).
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]).
Online Search
Through the Secretary of State’s website, the Indiana Notary Public database may be searched by commission number, name, county, city and zip code for both active and inactive Notaries. Available information about a given Notary includes the Notary’s commission number and expiration date, street address and bonding agent.
Jurisdiction
“A commission granted under [IC 33-42-12-1] authorizes the notary public to perform notarial acts within the state of Indiana” (IC 33-42-12-1[g]).
Term Length
“The term of a commission granted under this subsection is eight (8) years” (IC 33-42-12-1[f]).
Bond
Requirement: In Indiana, an applicant for a Notary Public commission must obtain an “assurance” in the form of a surety bond or its functional equivalent. “An applicant applying for a commission or reapplying for a subsequent commission shall … obtain an assurance in the amount of twenty-five thousand dollars ($25,000) … [and] submit, or have submitted by the surety on the applicant’s behalf, an electronic copy of the assurance not later than thirty (30) days after the effective date of the assurance” (IC 33-42-12-1[c][4] and [5]).
Surety Notification: “A surety must notify the secretary of state of a payment made under a notary public’s assurance not later than thirty (30) days after issuing the payment to a claimant” (IC 33-42-12-1[e]).
Definition: “‘Assurance’ means a surety bond or the functional equivalent of a surety bond that covers a notary public's acts or omissions during the course of the notary public's commission” (IC 33-42-0.5-4).
Changes of Status
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.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]).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 33-42-12-3[c]; see also 75 IAC 7-2-2[c]).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]).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).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Indiana Notaries are authorized to perform the following notarial acts (IC 33-42-0.5-18):
Take acknowledgments and proofs (IC 32-21-2-1.7; 32-21-2-3[c][2] and [3]);
Administer oaths and affirmations;
Take verifications on oath or affirmation;
Attest or witness signatures;
Attest or certify copies;
Note protests of negotiable instruments;
Do any additional act authorized by common law or the custom of merchants.
Remote Notarial Acts: Indiana Notaries who have registered their intent to perform remote notarial acts with the Secretary of State may perform the following notarial acts remotely (33-42-17-3[b]):
Take acknowledgments and proofs;
Administer oaths and affirmations;
Take verifications on oath or affirmation;
Attest or witness signatures;
Attest or certify copies of a tangible or electronic document or record.
Acknowledgments
Definition
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).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]).
Requirements
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 … (IC 33-42-9-2[a]).
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]).
Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (IC 33-42-0.5-2):
Signature: The individual must acknowledge that “a record has been signed for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “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.”
Proofs
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).Authorization: A Notary Public and Remote Notary Public are authorized to take proofs (IC 32-21-2-3[b][2] and [3]).
Oaths and Affirmations
Definition: “‘Oath’ includes ‘affirmation’, and ‘to swear’ includes to ‘affirm’” (IC 1-1-4-5[16]).
Verifications
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 (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]).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (IC 26-1-3.1-505[b]).
Requirements: “The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (IC 26-1-3.1-505[b]).
Remote Notarial Acts
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” (IC 33-42-0.5-26).
STANDARDS OF PRACTICE
Personal Appearance
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 33-42-0.5-3).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).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” (IC 33-42-17-4).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).
Identification
Notarial Acts
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).Personal Knowledge
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]).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.”
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).Credible Witness
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).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]).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).
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]).
Remote Notarial Acts
Definitions
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).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).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).Dynamic knowledge based authentication assessment: “‘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).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).
Requirement: “The identity of the principal in a remote notarial act may be verified by anyof 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.
“(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).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]).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]).
Refusal of Services
Specific Grounds
Competence: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that … the individual executing the record is 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).
Signature by Proxy
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).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).
Visually-Impaired Signers
“A commission as a notary public does not allow a person to … [t]ake an acknowledgment from any person who is blind without first reading the record to the person who is blind” (IC 33-42-13-3[a][6]).
Legally-Incompetent Signers
“A commission as a notary public does not allow a person to do the following: … [t]ake an acknowledgment or administer an oath to any person the notary public knows at the time to be:
“(A) adjudicated mentally incompetent; or
“(B) under a guardianship described in IC 29-3” (IC 33-42-13-3[a][5]).
Improper Initial or Name
“A commission as a notary public does not allow a person to do the following: … [u]se an initial or name, other than the initial or name under which the notary public has been commissioned, to sign an acknowledgment” (IC 33-42-13-3[a][4]).
Notarizing for Employer
“A notary is not required to provide notary services to the general public and may not be compelled to do so. A notary may however agree, and thus be bound, to provide notarial services as a matter of employment, or at the direction of their employer…. A notary providing services [on] behalf of an employer is still required to exercise their independent judgment and authority, and is still personally responsible for (the) accuracy and legality of their notarial acts. For example, a notary must not attest to the signature of person they do not personally know or witness signing – even if their employer instructs them to do so” (NPG).
Disqualifying Interest
Personal, Spouse, and Others: “A commission as a notary public does not allow a person to do the following: … [p]erform a notarial act for:
“(A) oneself;
“(B) one’s spouse; or
“(C) any party:
that may directly benefit a person described in clause (A) or (B)” (IC 33-42-13-3[a][10]).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).
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).
Translated Records
“A commission as a notary public does not allow a person to … [t]ake the acknowledgment of any person who does not speak or understand the English language unless the nature and effect of the record is translated into a language the person speaks or understands” (IC 33-42-13-3[a][7]).
Unauthorized Practice of Law
No Authority: “A commission as a notary public does not allow a person to do the following:
“(1) Provide legal advice or otherwise practice law.
“(2) Act as an immigration consultant or provide advice on immigration matters.
“(3) Represent a person in an administrative or judicial proceeding related to citizenship or immigration” (IC 33-42-13[3][a]).
Acknowledgment Without Ceremony
“A commission as a notary public does not allow a person to … [t]ake the acknowledgment of a record without witnessing a signature or receiving an acknowledgment from the principal that the signature is authentic” (IC 33-42-13-3[a][8]).
Verification Without Oath
“A commission as a notary public does not allow a person to … [t]ake a verification of an affidavit or oath in the absence of an affirmation of truth by the affiant” (IC 33-42-13-3[a][9]).
Advertisements
False or Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (IC 33-42-13-3[b]).
‘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]).
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 licensed to practice law in Indiana” (IC 33-42-13-3[d] through [g]).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 33-42-13-4).