Indiana Public Notary Changes Effective July 1, 2019

Indiana bill HB 1487 signed May 1st will take effect on the first of July this year.  This bill amends, removes, and creates precious legal code.

HB 1487 amends Indiana Code 33-42-9-12 explaining that an Indiana Notary Public’s notarial certificate has to include their commission expiration date and either the county of their commission or the county where they are primarily employed.

The bill clarifies that a Notary Public may charge no more than $10 per signature for each notarial act. It also adds Section 33-42-16-5 which states the Secretary of State will issue a certificate of fact for a Notary Public to any person who requests one. The certificate will include their name, commission expiration date, county of commission, and whether or not their commission is active.

Indiana’s Senate Bill 372 authorizes remote notarization, or electronic notarization, effective July 1st.  In order to register t notarize remotely, the notary public has to hold a current commission, comply with continuing education, have the ability to operate audio visual communication technology, proofing and credential analysis technology, and pay a $5 registration fee.

The passing of SB 372 makes Indiana the fifth state to authorize the use of audio visual communications technology in performing a notarial act.  In respect to paper or electronic record, Indiana notaries public may perform the following notarial acts:

  1. Taking an acknowledgement
  2. Administering an oath or affirmation
  3. Taking a verification on an oath or affirmation
  4. Attesting to or witnessing a signature
  5. Attesting to or certifying a copy of (A) a tangible document or record or (B) an electronic document or record
  6. Noting a protest of a negotiable record
  7. Any other act authorized by common law or the custom of merchants.

Remote notary publics may charge no more than $15 per act.  The bill also includes requirements for electronic journaling, the type of audio visual equipment that has been, or will be, approved to use, and requirements of an electronic notarial certificate.



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