2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 42. NOTARIES PUBLIC
CHAPTER 9. Notarial Acts
33-42-9-11. Notarial acts in foreign jurisdiction
Note: This version of section effective until 7-1-2019. See also following version of this section, effective 7-1-2019.
Sec. 11. (a) As used in this section, "foreign" means a government other than the United States, a state, or a federally recognized Indian tribe.
(b) If a notarial act is performed under the authority of and in the jurisdiction of:
(1) a foreign state;
(2) a constituent component of a foreign state; or
(3) an international or multinational governmental organization;
the notarial act is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana.
(c) If evidence of authority and title of office appear in a digest of law or comparable listing, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) The signature and official seal of an individual holding an office described in subsection (c) are prima facie evidence of the authenticity of:
(1) the signature; and
(2) the title of the office holder.
(e) An apostille in the form:
(1) prescribed by the Hague Convention of October 5, 1961; and
(2) issued by a foreign state that is a party to the convention described in subdivision (1);
establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
(f) A consular authentication issued by an individual designated as a notarizing officer:
(1) by the United States Department of State;
(2) for notarial acts performed overseas;
conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office when affixed or attached to the record associated with the executed notarial act.
As added by P.L.128-2017, SEC.18.
IC 33-42-9-11 Notarial acts in foreign jurisdiction
Note: This version of section effective 7-1-2019. See also preceding version of this section, effective until 7-1-2019.
Sec. 11. (a) As used in this section, "foreign" means a government other than the United States, a state, or a federally recognized Indian tribe.
(b) If a notarial act is performed under the authority of and in the jurisdiction of:
(1) a foreign state;
(2) a constituent component of a foreign state; or
(3) an international or multinational governmental organization;
the notarial act is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana.
(c) If evidence of authority and title of office appear in a digest of law or comparable listing, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) The signature and official seal of an individual holding an office described in subsection (c) are prima facie evidence of the authenticity of:
(1) the signature; and
(2) the title of the office holder.
(e) An apostille in the form:
(1) prescribed by the Hague Convention of October 5, 1961; and
(2) issued by a foreign state that is a party to the convention described in subdivision (1);
establishes that the signature of the officer is genuine and that the officer holds the indicated office.
(f) A consular authentication:
(1) issued by an individual designated as a notarizing officer:
(A) by the United States Department of State; and
(B) for notarial acts performed overseas; and
(2) affixed or attached to the record associated with the execution of a notarial act;
conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.51.
