(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.
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(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.