2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 42. NOTARIES PUBLIC
CHAPTER 9. Notarial Acts
33-42-9-12. Authentication by certificate
Note: This version of section effective until 7-1-2019. See also following version of this section, effective 7-1-2019.
Sec. 12. (a) A notarial act must be authenticated by a certificate bearing the date of the notarial act and the signature of the notarial officer. A properly completed certificate must conform to the following conditions:
(1) The certificate must be completed contemporaneously with the performance of the notarial act.
(2) The certificate must be signed and dated by the notarial officer. If the notarial officer is a notary public, the certificate must be signed in the manner on file with the secretary of state for the specific notary public.
(3) The certificate must identify the jurisdiction in which the notarial act is performed.
(4) The certificate must display the title of the notarial officer.
(5) If the notarial officer is a notary public, the certificate must display:
(A) the expiration date of the notary public's commission; and
(B) the county of the notary public's commission.
(b) A notary public who performs a notarial act shall do the following:
(1) affix, display, or emboss the notary's official seal; and
(2) print or type the notary public's name underneath the notary public's signature on a certificate of acknowledgment, jurat, or other official record unless the name of the notary public:
(A) appears in printed form on the record; or
(B) appears as part of the notary public's seal; and
is legible when the record is photocopied.
(c) If a notarial act is performed on a public record by a notarial officer other than a notary public, the information described in subsection (a)(2) through (a)(4) must be affixed, displayed, or embossed upon the certificate and accompanied by an official seal.
(d) A certificate of a notarial act is sufficient if it meets the requirements described in subsections (a) and (b) and:
(1) is in a form permitted by the laws of this state;
(2) is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or
(3) sets forth the actions of the notarial officer.
(e) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements of this chapter.
(f) A notarial officer may not affix a signature to or associate a certificate with a record until a notarial act has been performed.
(g) All notarized records must have a certificate attached or associated with them. The affixing, attaching, or associating of certificates to notarial acts must conform to subsections (a) through (d).
(h) An official certificate bearing a notary public's seal constitutes presumptive evidence of the facts stated in cases, where, by law, the notary public is authorized to certify facts.
(i) A notarial officer may subsequently correct any information included or omitted from a certificate executed by the notarial officer.
(j) Changes or corrections may never be made to the impression of an official seal.
As added by P.L.128-2017, SEC.18.
IC 33-42-9-12 Authentication by certificate; requirements; changes
Note: This version of section effective 7-1-2019. See also preceding version of this section, effective until 7-1-2019.
Sec. 12. (a) A notarial act must be authenticated by a certificate bearing the date of the notarial act and the signature of the notarial officer. A properly completed certificate must conform to the following conditions:
(1) The certificate must be completed contemporaneously with the performance of the notarial act.
(2) The certificate must be signed and dated by the notarial officer. If the notarial officer is a notary public, the certificate must be signed in the manner on file with the secretary of state for the specific notary public.
(3) The certificate must identify the jurisdiction in which the notarial act is performed as follows:
(A) For a notarial act that is not a remote notarial act, the county and state in which the principal appears before the notarial officer.
(B) For a remote notarial act, the information required by IC 33-42-17-7(a)(3).
(4) The certificate must display the title of the notarial officer.
(5) If the notarial officer is a notary public, the certificate must display:
(A) the expiration date of the notary public's commission; and
(B) the county of the notary public's commission.
(b) A notary public who performs a notarial act on a tangible record shall:
(1) affix, display, or emboss the notary public's official seal; and
(2) print or type the notary public's name underneath the notary public's signature on a certificate of acknowledgment, jurat, or other official record unless the name of the notary public:
(A) appears in printed form on the record; or
(B) appears as part of the notary public's official seal; and
is legible when the record is photocopied.
(c) If a notarial act is performed on a public record by a notarial officer other than a notary public, the information described in subsection (a)(2) through (a)(4) must be affixed, displayed, or embossed upon the certificate and accompanied by the notarial officer's official seal.
(d) If a notarial act is performed on an electronic record by a notary public:
(1) the electronic notarial certificate must contain the information described in subsection (a)(2) through (a)(5); and
(2) the notary public's electronic seal must be attached to or associated with the electronic notarial certificate.
(e) If a notarial act is performed on an electronic record by a notarial officer other than a notary public:
(1) the electronic notarial certificate must contain the information described in subsection (a)(2) through (a)(4); and
(2) the notarial officer's official seal must be attached to or associated with the electronic notarial certificate.
(f) A certificate of a notarial act or an electronic notarial certificate is sufficient if it meets the requirements described in subsections (a) and (b) and:
(1) is in a form permitted by the laws of this state;
(2) is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or
(3) sets forth the actions of the notarial officer.
(g) By executing a certificate of a notarial act or an electronic notarial certificate, a notarial officer certifies that the notarial officer has complied with this chapter.
(h) A notarial officer may not affix a signature to or associate a certificate of a notarial act or an electronic notarial certificate with a record until a notarial act has been performed.
(i) A certificate of a notarial act or an electronic notarial certificate must be attached to or associated with each tangible record or electronic record in a manner consistent with the applicable requirements of subsections (a) through (f).
(j) An official:
(1) certificate of a notarial act bearing a notarial officer's official seal; or
(2) electronic notarial certificate bearing a notarial officer's electronic seal;
constitutes presumptive evidence of the facts stated in cases, where, by law, the notarial officer is authorized to certify facts.
(k) A notarial officer may subsequently correct any information included or omitted from a certificate of a notarial act or an electronic notarial certificate executed by the notarial officer.
(l) Changes or corrections may never be made to the impression of an official seal.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.52.
