2018 Indiana Code
TITLE 33. Courts and Court Officers
ARTICLE 42. NOTARIES PUBLIC
CHAPTER 9. Notarial Acts
33-42-9-9. Notarial acts in Indiana tribe jurisdiction
Note: This version of section effective until 7-1-2019. See also following version of this section, effective 7-1-2019.
Sec. 9. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act is:
(1) performed within the territory of the tribe; and
(2) performed by:
(A) a notary public of the tribe;
(B) a judge, clerk, or deputy clerk of the tribe; or
(C) any other individual authorized by the laws of the tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe 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)(2) conclusively establish the authority of the officer to perform the notarial act.
As added by P.L.128-2017, SEC.18.
IC 33-42-9-9 Notarial acts in federally recognized Indian tribe jurisdiction
Note: This version of section effective 7-1-2019. See also preceding version of this section, effective until 7-1-2019.
Sec. 9. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act is:
(1) performed within the territory of the Indian tribe; and
(2) performed by:
(A) a notary public of the Indian tribe;
(B) a judge, clerk, or deputy clerk of the Indian tribe; or
(C) any other individual authorized by the laws of the Indian tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe 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) or (a)(2) 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.49.
