Ind. Code ch. 33-42-13

Ind. Code § 33-42-13-1 Disciplinary actions

Sec. 1. (a) The secretary of state may do any of the following with respect to a commission under IC 33-42-12: (1) Deny the commission. (2) Refuse a subsequent commission. (3) Revoke the commission. (4) Suspend the commission. (5) Impose a condition on the commission. (b) The secretary of state may investigate any violation of this chapter by a notary public. (c) An action described in subsection (a) may be taken against any notary public for any act or omission that demonstrates a deficiency in competence, honesty, integrity, or reliability, including the following: (1) Any failure to comply with this article or rules adopted under this article. (2) Any deceitful, dishonest, or fraudulent statement or omission made during the application for a commission as a notary public. (3) Any conviction for a felony offense or a crime involving deceit, dishonesty, or fraud. (4) An adverse ruling or admission of liability in any legal proceeding pertaining to deceit, dishonesty, or fraud. (5) Any failure to discharge any duty required of a notary public. (6) Any use of false or misleading advertisements. (7) Use of any false or misleading statement claiming a right or privilege that the notary public does not have. (8) Any of the following with respect to a commission as a notary public in another state: (A) Denial of the commission. (B) Refusal of a subsequent commission. (C) Revocation of the commission. (D) Suspension of the commission. (E) Imposition of a condition on the commission. (9) Any violation of a rule or requirement that: (A) pertains to a notary public; and (B) is required by the secretary of state. (10) Any failure to maintain an assurance as described in IC 33-42-12. (d) If the secretary of state acts under subsection (a) on an applicant or notary public's commission, the affected party is entitled to timely notice and a hearing as described in IC 4-21.5. (e) The secretary of state's decision to discipline an applicant or notary public as described in this section does not prevent a person from pursuing any civil or criminal cause of action against the offending applicant or notary public. As added by P.L.128-2017, SEC.21. Amended by P.L.59-2018, SEC.57; P.L.182-2018, SEC.4.

Ind. Code § 33-42-13-2 Notary public data base

Sec. 2. The secretary of state shall maintain an electronic data base of active notaries public. As added by P.L.128-2017, SEC.21.

Ind. Code § 33-42-13-3 Prohibitions; violations

Sec. 3. (a) A commission as a notary public does not allow a person to do the following: (1) Provide legal advice or otherwise practice law. (2) Act as an immigration consultant or provide advice on immigration matters. (3) Represent a person in an administrative or judicial proceeding related to citizenship or immigration. (4) Use an initial or name, other than the initial or name under which the notary public has been commissioned, to sign an acknowledgment. (5) Take an acknowledgment or administer an oath to any person the notary public knows at the time to be: (A) adjudicated mentally incompetent; or (B) under a guardianship described in IC 29-3. (6) Take an acknowledgment from any person who is blind without first reading the record to the person who is blind. (7) Take the acknowledgment of any person who does not speak or understand the English language unless the nature and effect of the record is translated into a language the person speaks or understands. (8) Take the acknowledgment of a record without witnessing a signature or receiving an acknowledgment from the principal that the signature is authentic. (9) Take a verification of an affidavit or oath in the absence of an affirmation of truth by the affiant. (10) Perform a notarial act for: (A) oneself; (B) one's spouse; or (C) any party; that may directly benefit a person described in clause (A) or (B). (b) A notary public may not engage in false or deceptive advertising. (c) A notary public, other than an attorney licensed to practice law in Indiana, may not use the term "notario" or "notario publico". (d) Except as provided in subsection (g), a notary public may not advertise or represent that the notary public can draft legal documents, provide legal advice, or otherwise practice law. Any notary public who advertises notarial services shall include the following statement in each advertisement: "I am not an attorney licensed to practice law in Indiana. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.". (e) The statement described in subsection (d) shall be translated into every language used in an advertisement. (f) If size or space restrictions make it impossible for the statement to be incorporated into an advertisement, the statement described in subsection (d) shall be prominently displayed at the site where the notarial act is performed. A display described in this subsection must be shown before the performance of a notarial act. (g) Subsections (c) through (f) do not apply to a notary public who is licensed to practice law in Indiana. (h) Unless otherwise permitted by law, a notary public may not withhold access to or possession of an original record provided by a person seeking the performance of a notarial act by a notary public. (i) A notary public who violates this chapter may have the notary public's commission revoked by a judge with jurisdiction in the county in which the notary public resides or is primarily employed. (j) A notary public whose commission has been revoked may not reapply for a new commission until five (5) years after the revocation. (k) A notary public who has been convicted of notario publico deception under section 4 of this chapter may not reapply for a new commission. (l) If the secretary of state revokes the commission of a notary public, the notary public may not reapply for a new commission for five (5) years. (m) A notary public may not perform a notarial act when the notary public's commission is suspended or revoked. As added by P.L.128-2017, SEC.21. Amended by P.L.59-2018, SEC.58; P.L.177-2019, SEC.21; P.L.177-2019, SEC.22.

Ind. Code § 33-42-13-4 Notario publico deception

Sec. 4. (a) A person who knowingly or intentionally: (1) advertises notarial services without using the statement described in section 3(d) of this chapter; (2) advertises notarial services while claiming to be an expert on immigration matters without being a designated entity as described in 8 CFR 245 a.11; or (3) accepts payment in exchange for providing legal advice or any other assistance that requires legal analysis, judgment, or interpretation of the law; commits notario publico deception, a Class A misdemeanor. (b) It is a defense to a prosecution under this section that a notary public is also licensed to practice law in Indiana. As added by P.L.128-2017, SEC.21. Amended by P.L.59-2018, SEC.59.