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Notary Laws Notary Laws

Indiana

Abbr: IN
19th State
Statehood—December 11, 1816


Eligibility: All applicants must meet all of the requirements listed below:

  • Be 18 years of age or older
  • Be a legal resident of Indiana
  • Not hold a lucrative office or appointment under the United States or the State of Indiana
  • Not have been convicted of a crime and have received a sentence exceeding six months imprisonment
Qualification: In order to receive a notary public commission, a person must:

  • Meet the eligibility requirements
  • Properly complete and submit a notary application form to the Secretary of State with a filing fee of $5 and a copy of a $5,000 bond. Click here to download the application form--
    http://www.in.gov/sos/business/2480.htm
Non-Residents:
    Not Permitted.
Bond:
    Required. A $5,000 notary bond is required for new and renewing notaries. Please visit the American Association of Notaries’ website at www.usnotaries.com to purchase and receive a bond via email in one business day.
Errors & Omissions Insurance:
    Optional. The American Association of Notaries recommends that Illinois notaries insure themselves against claims of negligence through Errors and Omission insurance. Visit the American Association of Notaries’ website at www.usnotaries.com for more information.
Filing Fee:
    A $5 filing fee is required for new and renewal notary applications.
Term:
    8 years
Jurisdiction:
    Statewide; however, a notary public may not be compelled to act out of the limits of the county in which the notary public resides.
Appointment:
Renewal:
    A notary may apply 60 days before expiration of his or her current commission by completing a renewal application form.
Education/Testing:
    None Required.
Notary Seal:
    A notary may not act until the notary has procured a seal that will stamp upon paper a distinct impression, in words or letters, sufficiently indicating the notary's official character, to which may be added any other device as the notary public may choose. The notary’s name may be part of the official seal.
Record Book:
    None Required. Recommended by the Secretary of State and the American Association of Notaries. For notary supplies, contact the American Association of Notaries by calling (800) 721-2663 or visiting our website at www.usnotaries.com .
Notary Fees: Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than the following:

  • Acknowledgments $2.00
  • Oaths or affirmations $2.00
  • Jurat $2.00
Note: No fee may be charged for an acknowledgment of an absentee ballot or by a government official conducting official business.
Authority: An Indiana notary has the authority to:

  • Take acknowledgments
  • Administer oaths and affirmations
  • Perform jurats
  • Take and certify affidavits
  • Take and certify depositions
  • Perform other acts authorized by law
Address Change:
    A notary must notify the Secretary of State in writing of such a change by submitting the Address Change form. If a notary moves outside the original county where the commission was issued, he or she must submit the Revised Notary Commission form with a $5 filing fee. Click here to download both forms-- http://www.in.gov/sos/business/2480.htm
Name Change:
    A notary must notify the Secretary of State in writing of such a change by submitting the Revised Notary Commission form with a $5 filing fee. Click here to download the Revised Notary Commission form-- http://www.in.gov/sos/business/2480.htm
Prohibited Acts: A notary public may not--
  • Prepare, draft, select, or give advice concerning legal documents
  • Use the phrase “notario” or “notario publico” to advertise notary services
  • Hold himself out as an immigration expert
  • Acknowledge any instrument in which the notary’s name appears as a party to the transaction
  • Take the acknowledgment or administer the oath to any person whom the notary actually knows has been adjudged mentally incompetent by the court, or who is under the guardianship of another
  • Take the acknowledgment of any person who is blind without first reading the instrument to the blind person
  • Take the acknowledgment of any person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language that the person does speak or understand
  • Notarize a document without the signer being in the notary’s presence
  • Affix his or her name or signature to a blank certificate, affidavit, or acknowledgement
  • Post-date or antedate any document;
  • Sign a notarial certificate under any other name than the one under which he or she was commissioned
  • Exceed the scope of the duty of a notary by preparing or filling in blanks of legal documents
  • Acknowledge the execution of an affidavit unless the person acknowledges the truth of the statements in the affidavit
  • Acknowledge the execution of an instrument unless the person who executed the instrument signs the instrument before the notary or affirms to the notary that the signature on the instrument is the person’s own.
Criminal Offense:
    Notaries public who commit official misconduct may be subject to criminal liability, which may include the revocation of their notary public commission.
Notarial Certificates:
    Click here to view your state’s notarial certificates.

Revised: January 2010

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