2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 42. NOTARIES PUBLIC
CHAPTER 9. Notarial Acts
33-42-9-10. Notarial acts under federal law
Note: This version of section effective until 7-1-2019. See also following version of this section, effective 7-1-2019.
Sec. 10. (a) A notarial act performed under federal law shall be presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual who is authorized to perform notarial acts under federal law and is:
(A) presently serving in the armed forces of the United States; or
(B) performing duties under the authority of the armed forces of the United States;
(3) an individual designated as a notarial officer by the United States Department of State for the purpose of performing notarial acts overseas; or
(4) any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority while performing a notarial act are prima facie evidence of the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) The signature and title of an officer described in subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority of the officer to perform the notarial act.
As added by P.L.128-2017, SEC.18.
IC 33-42-9-10 Notarial acts under federal law
Note: This version of section effective 7-1-2019. See also preceding version of this section, effective until 7-1-2019.
Sec. 10. (a) A notarial act performed under federal law shall be presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual who is authorized to perform the notarial act under federal law and is:
(A) presently serving in the armed forces of the United States; or
(B) performing duties under the authority of the armed forces of the United States;
(3) an individual designated as a notarial officer by the United States Department of State for the purpose of performing notarial acts overseas;
(4) a commissioned officer with the rank of:
(A) second lieutenant or higher in the active service of the:
(i) United States Army;
(ii) United States Marine Corps; or
(iii) United States Air Force; or
(B) ensign or higher in the active service of the:
(i) United States Coast Guard; or
(ii) United States Navy; or
(5) any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority while performing a notarial act are prima facie evidence of the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) The signature and title of a notarial officer described in subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority of the notarial officer to perform the notarial act.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.50; P.L.215-2018(ss), SEC.14.
