Indiana Notary flashcards
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- Indiana notary term length
- An Indiana notary commission lasts eight years. A notary may apply for successive terms, but must reapply, maintain the bond, and meet current eligibility requirements before the new term begins.
- Minimum age to be notary
- An applicant for an Indiana notary commission must be at least eighteen years old and must be able to read and write English, as stated on the application filed with the Secretary of State.
- Notary bond amount
- Indiana requires a resident notary to file a surety bond, currently set at five thousand dollars, payable to the state, before the commission is issued and while it remains in effect.
- Felony conviction eligibility
- A felony conviction or a conviction involving dishonesty may disqualify an applicant from an Indiana notary commission unless the Secretary of State determines the conviction does not bar commissioning.
- Who issues commissions
- The Indiana Secretary of State issues notary commissions, administers the application and examination process, and has authority to deny, suspend, or revoke a commission for cause.
- Change of address duty
- A commissioned Indiana notary must notify the Secretary of State of a change of name or address within the time set by statute; failure to notify can lead to suspension or revocation.
- Notary examination requirement
- Indiana applicants must pass the Secretary of State's notary examination or complete required education as stated in the current application instructions before a commission is granted.
- Seal not transferable
- An Indiana notary's official seal and commission are personal and cannot be transferred, sold, or lent to another person; misuse of a seal is grounds for discipline.
- Statewide notarial jurisdiction
- An Indiana notary may perform notarial acts anywhere within Indiana's borders. The notary may not perform notarial acts outside the state or for a signer who is not physically present.
- Identity verification methods
- A notary verifies a signer by personal knowledge or satisfactory evidence, such as a current government-issued photo identification, and must record which method was used in the journal.
- Notary journal requirements
- Indiana requires a notary to keep a journal recording each act's date, type, signer name, and identification method; the journal is an official record subject to inspection rules.
- Administering oaths
- A notary may administer oaths and affirmations and take affidavits. The oath or affirmation must be given before the notary completes the certificate for the sworn statement.
- Seal content requirements
- The official seal must include the notary's name, the words Notary Public, the State of Indiana, and the commission number, and must be applied to each notarial certificate.
- No self-notarization
- A notary may not notarize the notary's own signature or a document in which the notary is a party or has a direct beneficial interest, because the act requires an impartial witness.
- Presence at notarial act
- The signer must personally appear before the notary at the time of the act. A notary may not notarize by mail, by proxy, or for a signer known only through documents.
- Refusal to notarize
- A notary must refuse a notarial act when the signer cannot be identified, appears incompetent or coerced, or when the notary cannot determine the signer's voluntariness.
- Acknowledgment defined
- An acknowledgment certifies the signer personally appeared, was identified, and acknowledged executing the document voluntarily. The signer need not sign in the notary's presence.
- Jurat defined
- A jurat certifies the signer appeared, was identified, signed in the notary's presence, and swore or affirmed the truth of the document's contents before the notary.
- Certificate attachment rule
- The notarial certificate must be attached to or logically associated with the document and must include the notary's signature, seal, date, and a statement of the act performed.
- Copy certification limits
- A notary may certify a copy as true and correct only for documents the law permits; certifying copies of public records or prohibited documents is not allowed.
- Correcting a certificate
- A defective or missing certificate cannot be fixed by backdating or altering it. The notary must perform a new notarial act with the signer present and issue a corrected certificate.
- Certificate timing rule
- A notary must not complete or sign a certificate before the signer appears and the act is performed; pre-signed or pre-dated certificates are improper and may constitute misconduct.
- Substantially equivalent form
- A notarial certificate may follow the statutory form or a substantially equivalent form, provided it contains every required element: identification, act performed, date, signature, and seal.
- Verification on oath
- A verification on oath or affirmation is a jurat-style act in which the signer swears to the truth of a document's contents, requiring the notary to administer the oath first.
- Blank document prohibition
- A notary may not apply the official seal to a blank or incomplete document or provide a signed certificate when no notarial act was actually performed for the signer.
- Fee limits for notaries
- An Indiana notary may not charge more than the statutory maximum fee for notarial acts and must disclose fees; charging unauthorized fees is notary misconduct.
- Unauthorized practice of law
- A notary who is not a licensed attorney may not give legal advice, draft legal documents for others, or act as an attorney while performing notarial services.
- Conflict of interest bar
- A notary may not notarize for a spouse, parent, child, or other person in whom the notary has a direct beneficial interest, because impartiality is required.
- Bond versus personal liability
- The surety bond may compensate injured parties up to its limit, but it does not shield the notary from personal liability for negligence, fraud, or intentional misconduct.
- Secretary of State discipline
- The Secretary of State may investigate complaints and impose reprimand, suspension, revocation, or civil penalties on a notary who violates Indiana notary law.
- Surrender seal on exit
- A notary whose commission is revoked, who resigns, or whose term expires must stop performing notarial acts and surrender or destroy the seal as directed by the Secretary of State.