(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 a
Free access — add to your briefcase to read the full text and ask questions with AI
(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.