Indiana Notary key terms
Indiana Notary · Get comfortable with the vocabulary.
- Notary Public
- Related: Notary Commission, Notarial Act
A person commissioned by the State of Indiana to serve as an impartial witness who performs notarial acts, such as acknowledgments and oaths, and who must follow state law when doing so.
- Notary Commission
- Related: Notary Public, Application for Commission
The official appointment granted by the state that authorizes a person to act as a notary for a set term, subject to application, eligibility, and continuing compliance with Indiana law.
- Application for Commission
- Related: Notary Commission, Eligibility Requirements
The formal submission a candidate files with the state notary authority, providing identifying information, eligibility answers, required signatures, and any required endorsements before a commission is issued.
- Eligibility Requirements
- Related: Application for Commission, Disqualifying Conviction
The statutory conditions a person must meet to hold a notary commission, typically including minimum age, residency or qualifying status, legal presence, and no disqualifying criminal record or prior revocation.
- Disqualifying Conviction
- Related: Eligibility Requirements, Revocation of Commission
A criminal conviction that bars a person from being commissioned or that must be disclosed on an application, potentially leading to denial, conditions, or revocation of a notary commission.
- Notary Bond
- Related: Errors and Omissions Insurance, Notary Misconduct
A surety obligation some states require notaries to obtain; it protects the public against certain losses caused by notarial misconduct but does not by itself insure the notary against personal liability.
- Errors and Omissions Insurance
- Related: Notary Bond, Civil Liability
Optional professional liability coverage that can reimburse a notary for defense costs and damages from claims arising out of notarial work, separate from any required bond.
- Oath of Office
- Related: Notary Commission, Oath or Affirmation
A sworn pledge a commissioned notary takes to faithfully perform the duties of the office and uphold the law, often administered during the application or commissioning process.
- Term of Commission
- Related: Notary Commission, Commission Renewal
The fixed period for which a notary is authorized to act, after which the notary must renew or be recommissioned to continue lawfully performing notarial acts.
- Commission Renewal
- Related: Term of Commission, Application for Commission
The process of extending a notary commission before it expires, which may require a new application, updated information, fees, and confirmation that eligibility conditions are still satisfied.
- Notary Seal
- Related: Notarial Certificate, Notary Journal
The official stamp or embosser a notary uses to mark a certificate, containing required identifying information such as the notary's name and commission details as prescribed by state law.
- Notary Journal
- Related: Notary Seal, Notarial Act
A record, which may be required or recommended, in which a notary logs each notarial act with details such as the date, parties, document type, and signature of the person served.
- Notarial Act
- Related: Acknowledgment, Jurat
Any official act a notary is authorized by law to perform, including acknowledgments, jurats, oaths, affirmations, and certified copies where permitted.
- Acknowledgment
- Related: Notarial Certificate, Personal Appearance
A notarial act in which the notary certifies that a signer personally appeared, was identified, and acknowledged signing the document voluntarily for its stated purpose.
- Jurat
- Related: Oath or Affirmation, Notarial Certificate
A notarial certificate in which the notary certifies that a signer appeared, was identified, and swore or affirmed to the truth of the document's contents before signing.
- Oath or Affirmation
- Related: Jurat, Notarial Act
A spoken pledge to tell the truth or perform a duty, with an affirmation serving as a nonreligious alternative; a notary may administer either when authorized.
- Notarial Certificate
- Related: Acknowledgment, Notary Seal
The written statement, usually appearing on or attached to a document, in which the notary records the facts of the notarial act and signs and seals it.
- Certificate Wording
- Related: Notarial Certificate, Acknowledgment
The exact statutory language a notary must use for a given notarial act, which identifies the act performed, the signer, the date, and the notary's official capacity.
- Personal Appearance
- Related: Remote Notarization, Identity Verification
The requirement that the signer be physically present before the notary at the time of the act, unless the state specifically authorizes a remote notarization method.
- Identity Verification
- Related: Personal Appearance, Credible Identifying Witness
The process by which a notary confirms a signer is who they claim to be, typically through satisfactory evidence such as a government-issued photo identification or credible personal knowledge.
- Credible Identifying Witness
- Related: Identity Verification, Personal Appearance
A person who personally knows the signer and can vouch for the signer's identity when documentary identification is unavailable, subject to state-specified conditions.
- Remote Notarization
- Related: Personal Appearance, Identity Verification
A notarial act performed using communication technology that allows the signer and notary to interact in real time when state law authorizes this method and its safeguards are met.
- Certified Copy
- Related: Notarial Act, Prohibited Acts
A copy of an original document that a notary certifies as a true and accurate reproduction, but only where state law permits the notary to make such a certification.
- Signature by Mark
- Related: Notarial Certificate, Identity Verification
A method of signing used by a person unable to write their name, typically requiring a mark, the notary's notation, and sometimes witnesses as prescribed by law.
- Notary Misconduct
- Related: Revocation of Commission, Civil Liability
Improper behavior by a notary in performing official duties, such as false certification, failure to require appearance, or unauthorized practice, which can lead to discipline or liability.
- Prohibited Acts
- Related: Notary Misconduct, Conflict of Interest
Actions a notary may not lawfully take, such as notarizing a document without the signer present, certifying a copy when not allowed, or using a commission for personal gain.
- Conflict of Interest
- Related: Prohibited Acts, Impartiality
A situation in which a notary has a personal stake in a transaction or document, which can disqualify the notary from serving impartially and may be prohibited by law.
- Impartiality
- Related: Conflict of Interest, Notary Misconduct
The duty to serve as a neutral, unbiased witness with no financial or personal interest in the document or transaction being notarized.
- Civil Liability
- Related: Errors and Omissions Insurance, Notary Misconduct
Legal responsibility for money damages caused by a notary's wrongful act or omission, which an injured party may pursue through a lawsuit.
- Revocation of Commission
- Related: Notary Misconduct, Suspension of Commission
The state's cancellation of a notary's authority to act, often following misconduct, fraud, or loss of eligibility, after which the person may no longer perform notarial acts.
- Suspension of Commission
- Related: Revocation of Commission, Notary Misconduct
A temporary removal of a notary's authority to act, typically pending investigation or as a disciplinary measure, distinct from permanent revocation.
- Unauthorized Practice of Law
- Related: Prohibited Acts, Notary Misconduct
Giving legal advice, drafting legal documents, or selecting documents for a signer when the notary is not licensed to practice law, which a notary must avoid.
- Notario Publico
- Related: Prohibited Acts, Unauthorized Practice of Law
A Latin American legal professional with broader powers than a U.S. notary; advertising the title in a way that misleads the public about notarial authority is generally prohibited.
- Notarial Fees
- Related: Prohibited Acts, Impartiality
The charges a notary may collect for performing notarial acts, which are limited to amounts permitted by state law and must not be used to exert undue influence.
- Refusal to Perform
- Related: Identity Verification, Prohibited Acts
A notary's lawful ability to decline a notarial act when identity cannot be verified, the signer lacks understanding, or the request would require an unlawful act.
- Notary Records Retention
- Related: Notary Journal, Notarial Certificate
The obligation to keep journal entries, certificates, or other notarial records for a period and in a manner required by state law, and to make them available to authorized officials.
- Change of Information
- Related: Notary Commission, Commission Renewal
The duty to notify the commissioning authority when a notary's name, address, or other required information changes, so official records remain accurate.
- Notary Education Requirement
- Related: Application for Commission, Eligibility Requirements
A mandated course, examination, or training that an applicant must complete before being commissioned, intended to ensure basic knowledge of notarial law and duties.
- Notarial Act Outside Jurisdiction
- Related: Notary Misconduct, Prohibited Acts
A notarial act performed in a place or for a purpose beyond the notary's lawful authority, which may render the certificate invalid and expose the notary to discipline.
- Signer Understanding
- Related: Refusal to Perform, Acknowledgment
The notary's duty to confirm that the signer appears aware of what they are signing and is acting voluntarily, refusing the act when the signer lacks capacity or is under duress.