§ 33-42-12-1 — Notary public commission

(a) An individual qualified under subsection
(b) may apply to the secretary of state for a commission as a notary
public. The applicant shall provide the information required by the
rules established by the secretary of state, if any.
(b) An applicant for a commission as a notary public must:
(1) be at least eighteen (18) years of age;
(2) be a citizen or permanent legal resident of the United States;
(3) be a resident of or primarily employed in Indiana;
(4) not be disqualified to receive a commission under IC 33-42-13;
(5) satisfy all educational requirements; and
(6) have passed the examination described in section 2 of this
chapter.
(c) An applicant applying for a commission as a notary public or
reapplying for a subsequent commission shall:
(1) complete an electronic application and provide all necessary
information required by the secretary of state;
(2) pay a nonrefundable processing fee of five dollars ($5);
(3) execute an oath of office and comply with any associated
requirements imposed by the secretary of state;
(4) obtain an assurance in the amount of twenty-five thousand
dollars ($25,000);
(5) submit, or have submitted by the surety on the applicant's
behalf, an electronic copy of the assurance not later than thirty
(30) days after the effective date of the assurance; and
(6) submit an electronic signature sample to the secretary of state.
(d) A notary public may perform notarial acts only during a period
covered by a valid assurance on file with the secretary of state.
(e) A surety must notify the secretary of state of a payment made
under a notary public's assurance not later than thirty (30) days after
issuing the payment to a claimant.
(f) The secretary of state shall grant a commission as a notary public
to an applicant who fully complies with this section. The term of a
commission granted under this subsection is eight (8) years.
(g) A commission granted under this section authorizes the notary
public to perform notarial acts within the state of Indiana. The
commission does not provide the notary public with any immunity or
benefit.
(h) An individual may not have more than one (1) active Indiana
commission as a notary public at a time.
(i) For purposes of Article 2, Section 9 of the Constitution of the
State of Indiana, a commission as a notary public is not a lucrative
office.

Legislative History

As added by P.L.128-2017, SEC.20. Amended by P.L.59-2018, SEC.55.