Ind. Code ch. 33-42-9

Ind. Code ch. 33-42-9
in effect

Ind. Code § 33-42-9-1 Notary public appointments; notarial acts

Sec. 1. (a) The governor may appoint a notary public if the public interest would be promoted by the appointment. (b) A notarial officer may perform notarial acts. As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.43.

Ind. Code § 33-42-9-2 Determination of identity of signatory; authenticity of copy

Sec. 2. (a) A notarial officer who: (1) takes an acknowledgment of a record; (2) takes a verification of statement on an oath or affirmation; or (3) attests or witnesses to a signature; shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the notarial officer has the identity claimed and that the signature on the record is the signature of the individual. (b) A notarial officer who attests to or certifies a copy of a record or item shall verify that the copy is an accurate, full, and true reproduction or transcription of the record or item. As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.44.

Ind. Code § 33-42-9-3 Personal appearance

Sec. 3. If a notarial act relates to a statement made in or a signature executed on a record, the declarant or signatory shall appear personally before the notarial officer. As added by P.L.128-2017, SEC.18.

Ind. Code § 33-42-9-4 Authentication of individual's identity

Sec. 4. (a) A notarial officer has personal knowledge of an individual's identity if the: (1) individual is personally known to the notarial officer; or (2) notarial officer has transacted sufficient, prior business with the individual to know the individual's identity. (b) If a notarial officer does not have personal knowledge of an individual's identity, the notarial officer may authenticate the identity of the individual through one (1) of the following means: (1) An inspection of any of the following that, if expired, has not been expired for more than three (3) years: (A) The individual's passport. (B) The individual's driver's license. (C) The individual's government issued identification card. (D) A credential that: (i) is not described in clauses (A) through (C); (ii) is government issued; and (iii) contains a photograph of the individual. (2) A verification on an oath or affirmation by a credible witness who: (A) personally: (i) appears before the notarial officer; and (ii) is personally known by the notarial officer; or (B) is identified to the notarial officer by a credential described in subdivision (1). (c) A notarial officer may require an individual to provide additional identification or information before performing a notarial act. As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.45.

Ind. Code § 33-42-9-5 Refusal to perform notarial act

Sec. 5. (a) A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that: (1) the individual executing the record is competent; or (2) the individual's execution of the record is being done knowingly or voluntarily. (b) A notarial officer may refuse to perform a notarial act unless the refusal is prohibited by law. As added by P.L.128-2017, SEC.18.

Ind. Code § 33-42-9-6 Appointed or designated signatory

Sec. 6. (a) A principal may appoint or direct another individual to sign a record if the principal is physically unable to sign the record personally. (b) A notarial officer shall note the principal's use of an appointed or designated signatory on any record executed in the manner described in subsection (a) by: (1) clearly labeling the appointee or designee's signature; (2) clearly labeling the name of the principal; and (3) including or using language that conveys the principal's intent to use an appointed or designated signatory. As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.46.

Ind. Code § 33-42-9-7 Performance of notarial act; evidence of authenticity

Sec. 7. (a) A notarial act may be performed by the following individuals: (1) Notaries public. (2) An official court reporter acting under IC 33-41-1-6. (3) Judges and justices of Indiana courts. (4) The secretary of state. (5) The clerk of the supreme court. (6) Mayors, clerks, clerk-treasurers of towns and cities, township trustees, in their respective towns, cities, and townships. (7) Clerks of circuit courts and master commissioners in their respective counties. (8) Judges of United States district courts of Indiana, in their respective jurisdictions. (9) United States commissioners appointed for any United States district court of Indiana, in their respective jurisdictions. (10) A precinct election officer (as defined in IC 3-5-2.1-82) and an absentee voter board member appointed under IC 3-11-10 or IC 3-11.5-4, for any purpose authorized under IC 3. (11) A member of the Indiana election commission, a co-director of the election division, or an employee of the election division as defined under IC 3-6-4.2. (12) County auditors in their respective counties. (13) County recorders in their respective counties. (14) Any member of the Indiana general assembly anywhere in Indiana. (15) The adjutant general of the Indiana National Guard, specific active duty members, reserve duty members, or civilian employees of the Indiana National Guard designated by the adjutant general of the Indiana National Guard for any purpose related to the service of an active duty or reserve member of the Indiana National Guard. (b) The signature and title of an individual performing a notarial act in Indiana is prima facie evidence of the fact that: (1) the signature is genuine; and (2) the individual holds the designated title. As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.47; P.L.185-2021, SEC.59; P.L.186-2025, SEC.174.

Ind. Code § 33-42-9-8 Notarial acts in another state

Sec. 8. (a) A notarial act performed in another state is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed in the other state is performed by: (1) a notary public of the other state; (2) a judge, clerk, or deputy clerk of the other state; or (3) any other individual authorized by the law of the other state to perform notarial acts. (b) The signature and title of an individual performing a notarial act in another state is prima facie evidence of the fact that: (1) the signature is genuine; and (2) the individual holds the designated title. (c) The signature of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establishes 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.48.

Ind. Code § 33-42-9-9 Notarial acts in federally recognized Indian tribe jurisdiction

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.

Ind. Code § 33-42-9-10 Notarial acts under federal law

Sec. 10. (a) A notarial act performed under federal law shall be presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed under federal law is performed by: (1) a judge, clerk, or deputy clerk of a court; (2) an individual who is authorized to perform the notarial act under federal law and is: (A) presently serving in the armed forces of the United States; or (B) performing duties under the authority of the armed forces of the United States; (3) an individual designated as a notarial officer by the United States Department of State for the purpose of performing notarial acts overseas; (4) a commissioned officer with the rank of: (A) second lieutenant or higher in the active service of the: (i) United States Army; (ii) United States Marine Corps; (iii) United States Air Force; or (iv) United States Space Force; or (B) ensign or higher in the active service of the: (i) United States Coast Guard; or (ii) United States Navy; or (5) any other individual authorized by federal law to perform the notarial act. (b) The signature and title of an individual acting under federal authority while performing a notarial act 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), (a)(2), or (a)(3) 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.50; P.L.215-2018(ss), SEC.14; P.L.238-2025, SEC.84.

Ind. Code § 33-42-9-11 Notarial acts in foreign jurisdiction

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.

Ind. Code § 33-42-9-12 Authentication by certificate; requirements; changes

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 or witness 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) either of the following: (i) The Indiana county of the notary public's commission. (ii) If the notary public is not a resident of Indiana but is primarily employed in Indiana, the Indiana county where the notary public is primarily employed. (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, proof (as defined in and permitted under IC 32-21-2), 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; P.L.177-2019, SEC.18; P.L.177-2019, SEC.19; P.L.185-2021, SEC.60.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026

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