Indiana Notary cheat sheet

Indiana notary commissions are issued by the Secretary of State; the term is 8 years, and a notary may hold more than one commission term consecutively by reapplying.

Applicant must be at least 18 years of age, a resident of Indiana (or meet the statutory residency/office rules for nonresidents), and able to read and write English.

Applicant must not have been convicted of a felony or a crime involving dishonesty, unless the Secretary of State determines the conviction does not disqualify; disclosure on the application is required.

The application requires the applicant's name as it will appear on the commission, address, and a statement of eligibility; the commission bond is required before the commission is issued.

A surety bond in the statutory amount (currently $5,000 for resident notaries) must be filed with the Secretary of State, payable to the state, before the commission takes effect.

An applicant must take and pass the Secretary of State's notary examination or complete the required notary education, per the current application instructions.

The Secretary of State may deny, refuse to renew, or revoke a commission for false statements on the application, failure to maintain the bond, or disqualifying conduct.

A notary must notify the Secretary of State of a change of name or address within the statutory time; failure to do so can result in suspension or revocation.

Commissioned notaries must keep the official seal/stamp and commission records; the seal is not transferable and must be surrendered or destroyed on expiration or resignation as directed.

A notary may administer oaths and affirmations, take acknowledgments, take affidavits and depositions, and certify copies of documents as allowed by Indiana law.

A notary must verify the identity of the signer by personal knowledge or by satisfactory evidence such as a government-issued photo ID, and must record the method used.

A notary must determine that the signer appears before the notary at the time of the act; the notary may not notarize for an absent signer.

A notary must administer the oath or affirmation before taking an affidavit or verification, and the certificate must state the act performed.

The notary must complete a journal entry for each notarial act, recording the date, type of act, name of signer, and the identification method, as required by Indiana law.

A notary's jurisdiction is statewide; a notary may perform notarial acts anywhere in Indiana, but not outside the state.

A notary must use the official seal on every notarial certificate, including the notary's name, commission number, and the words 'Notary Public' and 'State of Indiana'.

A notary may not notarize a document in which the notary has a beneficial interest or is a party, and may not notarize the notary's own signature.

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily; the signer need not sign in the notary's presence.

A jurat (verification on oath or affirmation) certifies that the signer appeared, was identified, signed in the notary's presence, and swore or affirmed the truth of the contents.

A certificate must be attached to or logically associated with the document and must contain the notary's signature, seal, and the date of the act.

The certificate must state the facts of the act, including the signer's identity verification method, and must not be completed before the signer appears.

For a copy certification, the notary must confirm the copy is a true and correct copy of the original and must not certify copies of public records or documents prohibited by law.

A notarial certificate may be in the form prescribed by Indiana statute or a substantially equivalent form that contains all required elements.

If the certificate is defective or missing, the notary may correct it only by a new notarial act with the signer present; the notary may not backdate or alter a prior certificate.

A notary must not perform a notarial act if the signer's competence or voluntariness is in doubt, and must refuse if the signer cannot be identified.

A notary may not perform a notarial act with intent to deceive or defraud, and may not make a false certificate or false journal entry.

A notary may not affix the official seal to a blank or incomplete document, nor may the notary provide a signed certificate without the act being performed.

A notary may not charge a fee exceeding the statutory maximum for notarial acts, and must disclose fees; unauthorized fees are misconduct.

A notary may not act as an attorney, give legal advice, or draft legal documents for others unless the notary is also a licensed attorney.

A notary may not notarize a document for a spouse, parent, child, or other person in which the notary has a direct beneficial interest.

The notary bond is a surety obligation that may be used to compensate injured parties, but it does not protect the notary from personal liability for negligence or intentional misconduct.

The Secretary of State may investigate complaints and impose discipline including reprimand, suspension, revocation, and civil penalties for violations.

A notary who resigns, is revoked, or whose commission expires must surrender the seal and stop performing notarial acts; continued performance is a criminal offense.