Sec. 1. (a) The definitions in this chapter apply throughout this article. (b) Amendments to this article that are effective after June 30, 2017, do not affect the validity or effect of a notarial act performed under this article before July 1, 2019. (c) This article applies only to a notary public commissioned or recommissioned […]
Sec. 10. “Electronic” means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. As added by P.L.59-2018, SEC.17.
Sec. 11. “Electronic notarial certificate” means the part of or attachment to an electronic record that: (1) is completed by a notarial officer; (2) bears the notarial officer’s: (A) electronic signature; and (B) electronic seal; and (3) states the facts attested to by the notarial officer in a notarial act. As added by P.L.59-2018, SEC.18.
Sec. 12. “Electronic record” means a record communicated, created, generated, received, sent, or stored by electronic means. As added by P.L.59-2018, SEC.19.
Sec. 13. “Electronic seal” means information that: (1) is specific to an individual notary public; (2) is attached to or associated with a notarized electronic record; and (3) contains: (A) the words, “notary public”; (B) the words, “state of Indiana”; (C) the word, “seal”; (D) the notary public’s name as it appears on the notary […]
Sec. 14. “Electronic signature” means an electronic process, sound, or symbol that is adopted by an individual for the purpose of electronically signing an electronic record. As added by P.L.59-2018, SEC.21.
Sec. 15. “Exclusive control” means exclusively having, at all times, direct physical or intellectual custody of: (1) a password to access; or (2) the ability to use another secure means of authentication of; an electronic record. As added by P.L.59-2018, SEC.22.
Sec. 16. “Identity proofing” means a process or service: (1) that is approved by the secretary of state; and (2) through which review by a third person of personal information: (A) about an individual; and (B) obtained from public and proprietary data sources; affirms the identity of the individual. The term may include dynamic knowledge […]
Sec. 17. “In a representative capacity” means acting: (1) as an authorized agent, officer, representative, or trustee of another person; (2) in any capacity as: (A) provided by law; and (B) stated in a record; (3) as an agent or attorney in fact for a principal; or (4) in any other authorized capacity. As added […]
Sec. 18. “Notarial act” means the following acts with respect to either a tangible or an electronic record: (1) Taking an acknowledgment. (2) Administering an oath or affirmation. (3) Taking a verification on an oath or affirmation. (4) Attesting to or witnessing a signature. (5) Attesting to or certifying a copy of: (A) a tangible […]
Sec. 19. “Notarial officer” means an individual authorized under IC 33-42-9-7(a) to perform a notarial act. As added by P.L.59-2018, SEC.26.
Sec. 2. “Acknowledgment” means: (1) a principal’s declaration, before a notarial officer, that a record has been signed for the purpose stated in the record; or (2) if the record was signed in a representative capacity, a declaration by the individual, before a notarial officer, that the individual signed the record with the proper authority […]
Sec. 20. “Notary public” means an individual commissioned by the secretary of state to perform a notarial act. As added by P.L.59-2018, SEC.27.
Sec. 21. “Official seal” means either of the following: (1) A physical image that is affixed to or embossed upon a tangible record. (2) An electronic image that is attached to or associated with an electronic record. As added by P.L.59-2018, SEC.28.
Sec. 22. “Person” means: (1) an agency; (2) an association; (3) a business trust; (4) a corporation; (5) an estate; (6) an individual; (7) an instrumentality; (8) a joint venture; (9) a limited liability company; (10) a partnership; (11) a public corporation; (12) a trust; (13) a statutory trust; (14) any other legal or commercial […]
Sec. 23. (a) “Principal” means an individual: (1) whose signature is reflected on a document that is notarized; (2) who has taken an oath or affirmation administered by a notarial officer; or (3) whose signature is reflected on a document that is notarized after the individual has taken an oath or affirmation administered by a […]
Sec. 24. “Public key infrastructure” means a method of enabling a user of an unsecured public computer network, including the Internet, to securely and privately exchange data and money through a public and private cryptographic key pair that is obtained and shared through a trusted certificate authority, providing for a: (1) digital certificate that is […]
Sec. 25. “Record” means retrievable information that is: (1) memorialized upon a tangible medium; or (2) stored electronically. As added by P.L.59-2018, SEC.32.
Sec. 26. “Remote notarial act” means 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. As added by P.L.59-2018, SEC.33.
Sec. 27. “Remote notary public” means a notary public who is authorized by the secretary of state to perform a remote notarial act under IC 33-42-17. As added by P.L.59-2018, SEC.34.
