2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 42. NOTARIES PUBLIC
CHAPTER 0.5. Definitions
33-42-0.5-1. Definitions

     Note: This version of section effective until 7-1-2019. See also following version of this section, effective 7-1-2019.

     Sec. 1. The following definitions apply throughout this article:

(1) "Acknowledgment" means:

(A) a principal's declaration, before a notarial officer, that a record has been signed for the purpose stated in the record; or

(B) 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 and signed it as the act of the individual or entity identified in the record.

(2) "Credential" has the meaning set forth in IC 9-13-2-39.7.

(3) "In a representative capacity" means acting:

(A) as an authorized agent, officer, representative, or trustee of another person;

(B) in any capacity provided for or stated in a record;

(C) as an agent or attorney in fact for a principal; or

(D) in any other authorized capacity.

(4) "Notarial act" means any act that a notarial officer may perform. The term includes the following acts:

(A) Taking an acknowledgment.

(B) Administering an affirmation or oath.

(C) Taking a verification on an oath or affirmation.

(D) Attesting to or witnessing a signature.

(E) Attesting to or certifying a copy of a document or record.

(F) Noting a protest of a negotiable record.

(5) "Notarial officer" means a notary public or any other individual authorized to perform a notarial act.

(6) "Notary public" means an individual commissioned to perform a notarial act by the secretary of state.

(7) "Official seal" means an image, affixed to or embossed upon, a record.

(8) "Person" means:

(A) an agency;

(B) an association;

(C) a business trust;

(D) a corporation;

(E) an estate;

(F) an individual;

(G) an instrumentality;

(H) a joint venture;

(I) a limited liability company;

(J) a partnership;

(K) a public corporation;

(L) a trust;

(M) a statutory trust;

(N) any other legal or commercial entity; or

(O) any local or state government:

(i) agency; or

(ii) instrumentality.

(9) "Principal" means an individual:

(A) whose signature is notarized; and

(B) an individual taking an oath or affirmation from a notary public.

(10) "Record" means retrievable information that is:

(A) memorialized upon a tangible medium; or

(B) stored electronically.

(11) "Sign" means to:

(A) adopt or execute with a tangible symbol; or

(B) associate or attach an electronic process, sound, or symbol to a record;

with the intent to adopt or authenticate a record.

(12) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.

(13) "Stamping device" means a physical device capable of affixing or embossing a record with an official seal.

(14) "State" means any state of the United States, the District of Columbia, or any territory or possession subject to the jurisdiction of the United States.

(15) "Verification on an oath or affirmation" means a declaration that a statement in a record is true.

As added by P.L.128-2017, SEC.12.

     Note: This version of section effective 7-1-2019. See also preceding version of this section, effective until 7-1-2019.

     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 after June 30, 2019.

     (d) To the extent that IC 26-2-8 conflicts with this article, IC 26-2-8 is controlling.

As added by P.L.128-2017, SEC.12. Amended by P.L.59-2018, SEC.8.