CHAPTER 2. QUALIFICATIONS, POWERS, AND DUTIES
IC 33-42-2
Chapter 2. Qualifications, Powers, and Duties
IC 33-42-2-1
Qualifications; appointment; application; bond; fees
Sec. 1. (a) An applicant for a commission as a notary public mustbe:
(1) at least eighteen (18) years of age; and
(2) a legal resident of Indiana.
(b) A notary public shall be appointed and commissioned by thegovernor. A notary public holds office for eight (8) years. A notarypublic, when so qualified, may act throughout Indiana.
(c) A person may request an application to become a notary publicfrom the secretary of state. The secretary of state shall prescribe awritten application form on which a person may apply for acommission as a notary public. The secretary of state may provide anapplicant with enhanced access (as defined in IC 5-14-3-2) to anapplication form that may be completed and submitted to thesecretary of state by means of an electronic device. IC 4-5-10 appliesto an application form provided by enhanced access under thissection. The application form must include the applicant's county ofresidence, oath of office, and official bond. The application must alsocontain any additional information necessary for the efficientadministration of this chapter.
(d) The applicant must:
(1) personally appear with an application form before anofficer, authorized by law to administer oaths, who shalladminister an oath of office to the applicant; or
(2) certify on an application form under penalty of perjury thatthe applicant will abide by the terms of the oath.
The secretary of state shall prescribe the manner in which anapplicant may complete a certification authorized under subdivision(2).
(e) The applicant must secure an official bond, with freehold orcorporate security, to be approved by the secretary of state in the sumof five thousand dollars ($5,000). The official bond must beconditioned upon the faithful performance and discharge of theduties of the office of notary public, in all things according to law,for the use of any person injured by a breach of the condition. Thecompleted application must be forwarded to the secretary of state.The secretary of state shall forward each commission issued by thegovernor to the applicant or the applicant's surety company.
(f) The secretary of state shall charge and collect the followingfees:
(1) For each commission to notaries public, five dollars ($5).
(2) For each duplicate commission to notaries public, fivedollars ($5).
As added by P.L.98-2004, SEC.21.
IC 33-42-2-2 Prohibited acts; violation; revocation; investigation
Sec. 2. (a) A notary public may not do any of the following:
(1) Use any other name or initial in signing acknowledgments,other than that by which the notary has been commissioned.
(2) Acknowledge any instrument in which the notary's nameappears as a party to the transaction.
(3) Take the acknowledgment of or administer an oath to anyperson whom the notary actually knows:
(A) has been adjudged mentally incompetent by a court; and
(B) to be under a guardianship under IC 29-3 at the time thenotary takes the acknowledgment or administers the oath.
(4) Take the acknowledgment of any person who is blind,without first reading the instrument to the blind person.
(5) Take the acknowledgment of any person who does not speakor understand the English language, unless the nature and effectof the instrument to be notarized is translated into a languagewhich the person does speak or understand.
(6) Acknowledge the execution of:
(A) an affidavit, unless the affiant acknowledges the truth ofthe statements in the affidavit; or
(B) an instrument, unless the person who executed theinstrument:
(i) signs the instrument before the notary; or
(ii) affirms to the notary that the signature on theinstrument is the person's own.
(b) Except as provided in subsection (d), if a notary publicviolates this article, the notary's appointment may be revoked by thejudge of a court with jurisdiction in the county in which the notaryresides.
(c) The secretary of state may:
(1) investigate any possible violation of this section or ofsection 10 of this chapter (notario publico deception) by anotary public; and
(2) under IC 4-21.5, revoke the commission of a notary publicwho violates this section or section 10 of this chapter (notariopublico deception).
If the secretary of state revokes the commission of a notary public,the notary public may not reapply for a new commission for five (5)years after the revocation. If a notary public has been convicted ofnotario publico deception (this chapter), the notary public may notreapply for a new commission.
(d) If a notary public is convicted of notario publico deception(this chapter), the judge of a court with jurisdiction in the county inwhich the notary resides shall permanently revoke the notary'sappointment.
As added by P.L.98-2004, SEC.21. Amended by P.L.85-2007, SEC.1.
IC 33-42-2-3
Appointment in public interest
Sec. 3. The governor may appoint notaries public in the several
counties if, in the governor's judgment, the public interest would bepromoted by the appointment.
As added by P.L.98-2004, SEC.21.
IC 33-42-2-4
Seal; acts void if not attested by seal
Sec. 4. (a) A notary may not act until the notary has procured aseal that will stamp upon paper a distinct impression, in words orletters, sufficiently indicating the notary's official character, to whichmay be added any other device as the notary public may choose.
(b) All notarial acts not attested by a seal as described insubsection (a) are void.
As added by P.L.98-2004, SEC.21.
IC 33-42-2-5
Powers of notary
Sec. 5. A notary may:
(1) do all acts that by common law, and the custom ofmerchants, notaries are authorized to do;
(2) take and certify all acknowledgments of deeds or otherinstruments of writing required or authorized by law to beacknowledged; and
(3) administer oaths generally, and take and certify affidavitsand depositions.
As added by P.L.98-2004, SEC.21.
IC 33-42-2-6
Certificate with seal as presumptive evidence
Sec. 6. The official certificate of a notary public, attested by thenotary's seal, is presumptive evidence of the facts stated in caseswhere, by law, the notary public is authorized to certify the facts.
As added by P.L.98-2004, SEC.21.
IC 33-42-2-7
Prohibition on lucrative officeholders serving as notary; exception
Sec. 7. (a) A person who holds any lucrative office orappointment under the United States or under this state, andprohibited by the Constitution of the State of Indiana from holdingmore than one (1) lucrative office, may not serve as a notary public.If a person accepts a lucrative office or appointment, the person shallvacate the person's appointment as a notary.
(b) Subsection (a) does not apply to a person who holds alucrative office or appointment under any civil or school city or townof Indiana. A person who is a public official, or a deputy orappointee acting for or serving under a public official, may not makeany charge for services as a notary public in connection with anyofficial business of that office, or of any other office in thegovernmental unit in which the person serves unless the charges arespecifically authorized by a statute other than the statute thatestablishes generally the fees and charges of notaries public.As added by P.L.98-2004, SEC.21.
IC 33-42-2-8
List of commissioned notaries; notice of change in notary's nameor county; revised commission
Sec. 8. (a) Upon the request of the clerk of the circuit court of acounty, the secretary of state shall furnish to the clerk a list of allcommissioned notaries public residing in that county.
(b) If a notary public changes the notary's:
(1) name; or
(2) county of residence;
during the term of the notary's commission, the notary public shallnotify the secretary of state in writing of the change.
(c) The secretary of state shall process a revised commission toreflect any change of name or county. A revised commission underthis subsection is valid for the unexpired term of the originalcommission.
As added by P.L.98-2004, SEC.21.
IC 33-42-2-9
Affixing printed name of notary on documents
Sec. 9. (a) A notary, in addition to affixing the notary's name,expiration date, and seal, shall:
(1) print or type the notary's name immediately beneath thenotary's signature on a certificate of acknowledgment, jurat, orother official document, unless the notary's name appears:
(A) in printed form on the document; or
(B) as part of the notary's stamp in a form that is legiblewhen the document is photocopied; and
(2) indicate the notary's county of residence on the document.
(b) Failure to comply with subsection (a) does not affect thevalidity of any document notarized before July 1, 1982.
As added by P.L.98-2004, SEC.21.
IC 33-42-2-10
Fraudulent advertising or misrepresentation
Sec. 10. (a) This section applies only to a person who is not anattorney in good standing admitted to practice law in Indiana.
(b) As used in this section, "advertise" means to make acommunication to the public offering the person's services. The termincludes a communication made in any medium, including a writtenmedium, a broadcast medium, by means of the Internet, on a website, or using any other form of electronic communication.
(c) As used in this section, "notary designation" means arepresentation that a person is a notary public, including the use ofthe term:
(1) notary public;
(2) notario;
(3) notario publico;
or any other term indicating in English or a language other than
English that a person is a notary public.
(d) As used in this section, "notary disclosure" means a statementin English, and, if an advertisement requiring a notary disclosure ismade in another language, the other language, stating:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICELAW IN INDIANA, AND I MAY NOT GIVE LEGALADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
If the notary disclosure is required to be made in a writtenadvertisement, the notary disclosure must appear in a conspicuoussize. If the notary disclosure is required to be made in an oraladvertisement, the notary disclosure must be spoken at a normalspeed and at a normal volume.
(e) A person who knowingly or intentionally:
(1) advertises using the notary designation without using thenotary disclosure:
(A) in the advertisement;
(B) on the person's business card; and
(C) on the person's letterhead;
(2) advertises or claims to be an expert on immigration matterswithout being a designated entity as defined under 8 CFR245a.1(l); or
(3) accepts payment in exchange for providing legal advice orany other assistance that requires legal analysis, legal judgment,or interpretation of the law;
commits notario publico deception, a Class A misdemeanor.
As added by P.L.98-2004, SEC.21. Amended by P.L.85-2007, SEC.2.