2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 42. NOTARIES PUBLIC
CHAPTER 12. Commission Requirements and Qualifications
33-42-12-1. Assurance

Universal Citation: IN Code § 33-42-12-1 (2018)
IC 33-42-12-1 Assurance

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

     Sec. 1. (a) As used in this section, "assurance" means a surety bond or the functional equivalent of a surety bond that covers a notary public's acts or omissions during the course of the notary public's commission.

     (b) As used in this section, "surety" means an entity that:

(1) is licensed or authorized to do the business described in subdivision (2) in Indiana; and

(2) guarantees the legal liability of a notary public for:

(A) debt;

(B) default; or

(C) failure to perform a duty of a notary public.

     (c) An individual qualified under subsection (d) may apply to the secretary of state for a commission as a notary public. The applicant shall provide the information required by the rules established by the secretary of state, if any, and pay a filing fee.

     (d) An applicant for a commission as a notary public must:

(1) be at least eighteen (18) years of age;

(2) be a citizen or permanent legal resident of the United States;

(3) be a resident of or primarily employed in Indiana;

(4) not be disqualified to receive a commission under IC 33-42-13;

(5) satisfy all educational requirements; and

(6) have passed the examination described in section 2 of this chapter.

     (e) An applicant applying for a commission or reapplying for a subsequent commission shall:

(1) complete an electronic application and provide all necessary information required by the secretary of state;

(2) pay a nonrefundable filing fee of five dollars ($5);

(3) execute an oath of office and comply with any associated requirements imposed by the secretary of state;

(4) obtain an assurance in the amount of twenty-five thousand dollars ($25,000);

(5) submit, or have submitted by the surety on the applicant's behalf, an electronic copy of the assurance not later than thirty (30) days after the effective date of the assurance; and

(6) submit an electronic signature sample to the secretary of state.

     (f) A notary public may perform notarial acts only during a period covered by a valid assurance on file with the secretary of state.

     (g) A surety must notify the secretary of state of a payment made under a notary public's assurance not later than thirty (30) days after issuing a payment to a claimant.

     (h) The secretary of state shall issue a commission to an applicant who fully complies with this section for a term of eight (8) years.

     (i) A commission granted under this section authorizes the notary public to perform notarial acts within the state of Indiana. The commission does not provide the notary public with any immunity or benefit.

     (j) A person may not have more than one (1) active Indiana notary public commission at a time.

     (k) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, a notary public commission is not a lucrative office.

As added by P.L.128-2017, SEC.20.

 

IC 33-42-12-1 Notary public commission

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

     Sec. 1. (a) An individual qualified under subsection (b) may apply to the secretary of state for a commission as a notary public. The applicant shall provide the information required by the rules established by the secretary of state, if any.

     (b) An applicant for a commission as a notary public must:

(1) be at least eighteen (18) years of age;

(2) be a citizen or permanent legal resident of the United States;

(3) be a resident of or primarily employed in Indiana;

(4) not be disqualified to receive a commission under IC 33-42-13;

(5) satisfy all educational requirements; and

(6) have passed the examination described in section 2 of this chapter.

     (c) An applicant applying for a commission as a notary public or reapplying for a subsequent commission shall:

(1) complete an electronic application and provide all necessary information required by the secretary of state;

(2) pay a nonrefundable processing fee of five dollars ($5);

(3) execute an oath of office and comply with any associated requirements imposed by the secretary of state;

(4) obtain an assurance in the amount of twenty-five thousand dollars ($25,000);

(5) submit, or have submitted by the surety on the applicant's behalf, an electronic copy of the assurance not later than thirty (30) days after the effective date of the assurance; and

(6) submit an electronic signature sample to the secretary of state.

     (d) A notary public may perform notarial acts only during a period covered by a valid assurance on file with the secretary of state.

     (e) A surety must notify the secretary of state of a payment made under a notary public's assurance not later than thirty (30) days after issuing the payment to a claimant.

     (f) The secretary of state shall grant a commission as a notary public to an applicant who fully complies with this section. The term of a commission granted under this subsection is eight (8) years.

     (g) A commission granted under this section authorizes the notary public to perform notarial acts within the state of Indiana. The commission does not provide the notary public with any immunity or benefit.

     (h) An individual may not have more than one (1) active Indiana commission as a notary public at a time.

     (i) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, a commission as a notary public is not a lucrative office.

As added by P.L.128-2017, SEC.20. Amended by P.L.59-2018, SEC.55.

 

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