Indiana Amends Provisions Regarding Notarial Acts and Remote Notarial Acts
The state of Indiana amended provisions relating to notarial acts through Senate Bill 372. Provisions in this bill range from being effective immediately to being effective on July 1, 2019. Many of the amendments make technical changes to the standard language and definitions as they relate to notarial acts. There are also new provisions in Senate Bill 372 that specify requirements for remote notarial acts.
Section 64. IC 33-42-17 is added to the Indiana Code as a new chapter governing remote notarial acts and applies to remote notarial acts performed after June 30, 2019. This section specifies requirements for remote notarial acts, including: registration, certification of and record keeping, use of audio visual communication and recording, verification of credentials, and maintenance of records.
Section 27. IC 33-42-0.5-20 is added to the Indiana Code as a new section which defines “notary public” as “an individual commissioned by the secretary of state to perform a notarial act.” This definition is effective on July 1, 2019.
Section 25. IC 33-42-0.5-18 is added to the Indiana Code as a new section which defines “notarial act” as “the following acts with respect to either a tangible or an electronic record:
- Taking an acknowledgment.
- Administering an oath or affirmation.
- Taking a verification on an oath or affirmation.
- Attesting to or witnessing a signature.
- Attesting to or certifying a copy of: (A) a tangible document or record; or (B) an electronic document or record.
- Noting a protest of a negotiable record.
- Any other act authorized by common law or the custom of merchants.”
This definition is effective on July 1, 2019.
Section 34. IC 33-42-0.5-26 is added to the Indiana Code as a new section which defines “remote notarial act as “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.”
This definition is effective on July 1, 2019.
Section 34. IC 33-42-0.5-27 is added to the Indiana Code as a new section which defines “remote notary public” as “a notary public who is authorized by the secretary of state to perform a remote notarial act under IC 33-42-17.” This definition is effective on July 1, 2019.
The full text of Indiana Senate Bill 372 can be found here: https://iga.in.gov/legislative/2018/bills/senate/372#document-50bed3d4
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