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 […]
33-42-17-7. Electronic Notarial Certificate; Form
Sec. 7. (a) An electronic notarial certificate of a remote notarial act must: (1) specify that the notarial act is a remote notarial act; (2) include a space in which a remote notary public may indicate whether the principal in the remote notarial act appeared before the remote notary public under section 4(a)(1) or 4(a)(2) […]
33-42-17-8. Electronic Journal
Sec. 8. (a) A remote notary public who performs a remote notarial act shall personally do the following: (1) Enter each remote notarial act in an electronic journal. (2) Maintain the electronic journal. (3) Keep the electronic journal in the exclusive control of the remote notary public. (4) Use commercially reasonable means to prevent unauthorized […]
33-42-17-9. Remote Notary Public Fees
Sec. 9. (a) A remote notary public may charge a fee of not more than twenty-five dollars ($25) for each remote notarial act. (b) A remote notary public may charge a reasonable fee to recover expenses related to the copying of: (1) electronic journal entries; or (2) audiovisual recording of remote notarial acts. As added […]
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 […]