Indiana Notary Rules for New Notaries

When a notarial act concerns a signature or a statement, the signer must appear personally before you (IC 33-42-9-3). You then confirm identity from personal knowledge, meaning you know the person or have done enough prior business with them, or from satisfactory evidence under IC 33-42-9-4. An ID still counts if it has been expired for no more than three years, and you may ask for additional identification. Acceptable evidence includes:

IC 33-42-9-12 requires the certificate to be completed at the time of the act and signed the way your signature is on file with the Secretary. It must name the county and state where the signer appeared, your title, your commission expiration date and your county of commission (or, for a non-resident, the Indiana county where you work). On paper, affix your seal and print your name under your signature unless the name already appears legibly in print or on the seal. You may later correct information on a certificate you signed, but never alter a seal impression.

Do not choose the certificate for a signer. The Guide treats selecting or advising on the type of certificate as practicing law; if wording is missing, the signer should ask the receiving party or an attorney which act is needed.

Never notarize a blank or unsigned document, or one with blanks left for parties who are not present. If two signers, such as spouses, do not appear together, the Guide calls for a separate certificate for each. Never complete a certificate that is undated, post-dated or back-dated; an incorrect date may be struck through, initialed and replaced with the right one.

The seal must carry the words notary public, state of Indiana, your name exactly as commissioned, commission number with your number, and my commission expires with your date (IC 33-42-10-2). You alone are responsible for it; no one else may use it. When the commission expires, is resigned or is revoked, damage or destroy the device so it cannot be used again, and notify the Secretary promptly if it is lost or stolen (IC 33-42-10-3).

IC 33-42-14-1 lets you charge up to $10 per signature for an acknowledgment, an oath or affirmation, attesting or witnessing a signature, a verification on oath or affirmation, or a copy certification. If you charge, post your fee list in advance. Travel fees must stay within federal GSA travel rates. Acts performed as part of your job are left to private agreement, and a public official may not charge for acts tied to official business. Remote notaries may charge up to $25 per remote act.

IC 33-42-13-3 bars a notary from notarizing for yourself, your spouse, or any party when the act may directly benefit you or your spouse. The Guide applies this broadly, warning against notarizing a will under which you might inherit even if you are not named. The same section prohibits:

Indiana does not require a journal for paper notarizations, although the Secretary strongly recommends one. Remote notaries are different: IC 33-42-17-8 requires an electronic journal of every remote act, kept under your exclusive control for at least 10 years, plus an audiovisual recording of each session. A remote notary must be physically in Indiana, needs Secretary authorization and an approved technology vendor, and may serve signers anywhere, including abroad when conditions are met. In-person electronic notarization needs no extra authorization but does require an electronic seal and a digital certificate.

You may refuse to notarize if you doubt the signer's competence or doubt that the signing is knowing and voluntary (IC 33-42-9-5). A notary cannot be compelled to perform a particular act, although an employer may assign notary work as part of a job, and you remain personally responsible for each act you perform for that employer.

IC 33-42-9-7 lets certain public officials perform notarial acts without a notary commission, including judges, circuit court clerks, mayors and town clerks, county auditors and members of the General Assembly. Their authority is generally limited to their own jurisdiction and official business, as the Guide explains.

The Secretary may deny, refuse to renew, revoke, suspend or condition a commission for conduct showing a lack of competence, honesty, integrity or reliability (IC 33-42-13-1). A judge in your county may also revoke it. After a revocation you must wait five years to reapply, and a conviction for notario publico deception, a Class A misdemeanor under IC 33-42-13-4, bars you permanently. In a civil claim, the surety pays up to the $25,000 bond and then seeks repayment from you. Notaries who conduct title-insured real estate closings also need a limited insurance producer license from the Department of Insurance.