§ 33-42-9-11 — Notarial acts in foreign jurisdiction

Indiana § 33-42-9-11

• Jurisdiction: Indiana
• Art. 42: NOTARIES PUBLIC
• Ch. 9: Notarial Acts

Text

(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.

Legislative History

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.51.