33-42-17-10. Presumption of Validity of Remote Notarial Act
Sec. 10. (a) A remote notarial act performed by a remote notary public is presumed valid, regardless of the failure of the remote notary public to perform a duty or meet a requirement of this chapter. (b) The presumed validity under subsection (a) of a remote notarial act does not do the following: (1) Apply […]
33-42-17-11. Electronic Data Base of Remote Notaries Public and Technology Vendors
Sec. 11. The secretary of state shall maintain on the secretary of state’s Internet web site an electronic data base of active: (1) remote notaries public; and (2) vendors of technology that are approved by the secretary of state under section 6 of this chapter. As added by P.L.59-2018, SEC.64.
33-42-17-12. Remote Notarial Act Considered Performed in Indiana
Sec. 12. A remote notarial act performed in accordance with this chapter is considered to have been performed in Indiana, regardless of the physical location of the principal at the time the remote notarial act is performed. As added by P.L.59-2018, SEC.64. Amended by P.L.185-2021, SEC.62.
33-42-16-5. Certificate of Fact
Sec. 5. (a) On the request of any person, the secretary of state shall issue a certificate of fact for a notary public. (b) A certificate of fact issued under subsection (a) must state the following: (1) The notary public’s name. (2) The notary public’s commission expiration date. (3) The notary public’s county of commission. […]
33-42-17-1. Application of Chapter
Sec. 1. (a) This chapter applies only to a remote notarial act performed after the earlier of: (1) the effective date of rules adopted under IC 33-42-16-2; or (2) July 1, 2020. (b) To the extent that this chapter conflicts with another provision of this article concerning remote notarial acts, this chapter is controlling. As […]
33-42-17-2. Registration; Fee; Term
Sec. 2. (a) A notary public may perform a remote notarial act only after registering as a remote notary public with the secretary of state. (b) A notary public is eligible to register under subsection (a) if the notary public: (1) holds a current commission as a notary public in Indiana; (2) complies with the […]
33-42-17-3. Remote Notary Public Functions; Requirements; Use of Equipment
Sec. 3. (a) A remote notary public: (1) is a notary public subject to IC 33-42-12 to the same extent as a notary public who is not registered under this chapter; (2) may perform notarial acts under IC 33-42-9 in addition to performing remote notarial acts; and (3) may perform remote notarial acts in accordance […]
33-42-17-4. Principal Appearance
Sec. 4. (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 […]
33-42-17-5. Verification of Principal’s Identity
Sec. 5. The identity of the principal in a remote notarial act may be verified by any of 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 […]
33-42-17-6. Approval of Remote Notarial Act Equipment
Sec. 6. (a) Technology used by a remote notary public for use in performing remote notarial acts must first be approved by the secretary of state. (b) The secretary of state may approve technology described in subsection (a) only if the: (1) technology: (A) is tamper evident; (B) allows a remote notarial act to be […]