Indiana Amends Notary Provisions
Indiana has amended its provisions regarding notaries. These amendments are effective as of July 1, 2018.
Definitions
Section 12.IC 33-42-0.5 has been added to the Indiana Code. This new section defines notarial acts, notarial officers, and notary publics as follows:
A notarial act is defined as any act that may be performed by a notarial officer, including taking an acknowledgment, administering an affirmation or oath, taking a verification on an oath or affirmation, attesting to or certifying a copy of a document or record, and noting a protest of a negotiable record.
A notarial officer is defined as a notary public or other individuals who is authorized to perform a notarial act.
A notary public is defined as an individual commissioned to perform a notarial act by the Secretary of State.
The new section also provides definitions for several other notarial terms including “acknowledgment,” “credential,” “in a representative capacity,” “official seal,” “record,” and “signature.”
Notarial Acts
Section 18.IC 33-49-9 has also been added to the Indiana Code. This section first clarifies that the governor may appoint notaries public if doing so promotes the public interest. Next, this section describes the steps a notary public shall take when executing a notarial act. Finally, this section specifies which persons are able to execute notarial acts and the effects of notarial acts performed in a variety of jurisdictions, including foreign states and overseas.
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
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