2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 42. NOTARIES PUBLIC
CHAPTER 17. Remote Notarial Acts
33-42-17-8. Electronic journal

Effective 7-1-2019.

     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 access to the electronic journal.

(5) Provide for the lawful copying and inspection of the electronic journal.

     (b) An employer may not perform the responsibilities described in subsection (a) on behalf of a remote notary public.

     (c) A remote notary public may maintain more than one (1) electronic journal.

     (d) The following apply to an electronic journal:

(1) Access to the information contained in the electronic journal must be contingent upon the use of a password or other secure means of authentication.

(2) It must be possible to print or produce a tangible record of any entry logged in the electronic journal.

     (e) A journal entry for each remote notarial act must consist of the following:

(1) The date and time of the remote notarial act.

(2) The type of remote notarial act.

(3) A title or description of the electronic record for each remote notarial act.

(4) The full name of the principal.

(5) A description of the manner by which the identity of the principal was authenticated or verified.

(6) A description of any credential and the credential's corresponding date of expiration used to authenticate or verify the identity of the principal.

(7) A listing of:

(A) every type of fee; and

(B) every fee amount;

charged by the remote notary public for each remote notarial act.

(8) Any other information required by the secretary of state.

     (f) A remote notary public shall not delete, destroy, overwrite, or render inaccessible an electronic journal unless the remote notary public is ordered to do so by the secretary of state or judicial order.

     (g) Upon a remote notary public's learning that an electronic journal is lost, stolen, or compromised, the remote notary public shall notify the secretary of state.

     (h) A remote notary public who resigns or whose commission expires shall maintain the contents of an electronic journal for at least five (5) years after the performance of the last recorded remote notarial act.

As added by P.L.59-2018, SEC.64.