CHAPTER 9. WRITTEN INSTRUMENTS BY MEMBERS OF THE ARMED FORCES

IC 32-21-9
    Chapter 9. Written Instruments by Members of the Armed Forces

IC 32-21-9-1
Notarial acts before commissioned officers in United States armedforces
    Sec. 1. (a) In addition to the acknowledgment of writteninstruments and the performance of other notarial acts in the mannerand form otherwise authorized by the laws of this state, a person:
        (1) who is serving in or with the armed forces of the UnitedStates wherever located;
        (2) who is serving as a merchant seaman outside the limits ofthe United States included within the fifty (50) states and theDistrict of Columbia; or
        (3) who is outside the limits of the United States by permission,assignment, or direction of any department or office of theUnited States government in connection with any activitypertaining to the prosecution of any war in which the UnitedStates is engaged;
may acknowledge any instruments, attest documents, subscribe oathsand affirmations, give depositions, execute affidavits, and performother notarial acts before any commissioned officer with the rank ofsecond lieutenant or higher in the active services of the Army of theUnited States or the United States Marine Corps or before anycommissioned officer with the rank of ensign or higher in the activeservice of the United States Navy or the United States Coast Guard,or with equivalent rank in any other component part of the armedforces of the United States.
    (b) The commissioned officer before whom a notarial act isperformed under this section shall certify the instrument with theofficer's official signature and title in substantially the followingform:
With the Armed Forces (or other component part of    )
        )ss
the armed forces) of the United States at 1______________)
The foregoing instrument was acknowledged this ___________
day of ______ 20___ by 2_____ serving (in) the armed forces of the
    (with)
United States) ___________ (as a merchant seaman outside thelimits of the United States) (as a person not in the armed forces, butoutside the limits of the United States by permission, assignment, ordirection of a department of the United States Government inconnection with an activity pertaining to the prosecution of the war),before me, a commissioned officer in the active service of the (Armyof the United States) (United States Marine Corps) (United StatesNavy) (United States Coast Guard) (or equivalent rank in any othercomponent part of the armed forces).
    (Signature of officer)
    

_______________________

    Rank and Branch    Footnote 1. In the event that military considerations precludedisclosure of the place of execution or acknowledgment the words"an undisclosed place" may be supplied instead of the appropriatecity or county, state, and country.
    Footnote 2. If by a natural person or persons, insert name ornames; if by a person acting in a representative or official capacityor as attorney-in-fact, then insert name of person acknowledging theinstrument, followed by an accurate description of the capacity inwhich he acts including the name of the person, corporation, or otherentity represented.
As added by P.L.2-2002, SEC.6.

IC 32-21-9-2
Prima facie evidence of authority to execute
    Sec. 2. An acknowledgment or other notarial act madesubstantially in the form prescribed by section 1 of this chapter isprima facie evidence:
        (1) that the person named in the instrument as havingacknowledged or executed the instrument:
            (A) appeared in person before the officer taking theacknowledgment;
            (B) was personally known to the officer to be the personwhose name was subscribed to the instrument; and
            (C) acknowledged that the person signed the instrument asa free and voluntary act for the uses and purposes set forthin the instrument;
        (2) if the acknowledgment or execution is by a person in arepresentative or official capacity, that the personacknowledging or executing the instrument acknowledged it tobe the person's free and voluntary act in such capacity or thefree and voluntary act of the principal, person, or entityrepresented; and
        (3) if the acknowledgment or other notarial act is by a person asan officer of a corporation, that the person was known to theofficer taking the acknowledgment or performing any othernotarial act to be a corporate officer and that the instrument wasexecuted and acknowledged for and on behalf of thecorporation by the corporate officer with proper authority fromthe corporation, as the free and voluntary act of the corporation.
As added by P.L.2-2002, SEC.6.

IC 32-21-9-3
Place of execution or acknowledgment; failure to state
    Sec. 3. An instrument acknowledged or executed as provided inthis chapter is not invalid because of a failure to state in theinstrument the place of execution or acknowledgment.
As added by P.L.2-2002, SEC.6.

IC 32-21-9-4
Proof of recited facts; filing and recording in Indiana    Sec. 4. An acknowledgment or other notarial act madesubstantially as provided in this chapter constitutes prima facie proofof the facts recited in the instrument and, without further or otherauthentication, entitles any document so acknowledged or executedto be filed and recorded in the proper offices of record and receivedin evidence before the courts of this state, to the same extent andwith the same effect as documents acknowledged or executed inaccordance with any other provision of law now in force or that maybe enacted.
As added by P.L.2-2002, SEC.6.