Ind. Code ch. 33-42-17

Ind. Code ch. 33-42-17
in effect

Ind. Code § 33-42-17-1 Application of chapter

Sec. 1. (a) This chapter applies only to a remote notarial act performed after the earlier of: (1) the effective date of rules adopted under IC 33-42-16-2; or (2) July 1, 2020. (b) To the extent that this chapter conflicts with another provision of this article concerning remote notarial acts, this chapter is controlling. As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.28.

Ind. Code § 33-42-17-2 Registration; fee; term

Sec. 2. (a) A notary public may perform a remote notarial act only after registering as a remote notary public with the secretary of state. (b) A notary public is eligible to register under subsection (a) if the notary public: (1) holds a current commission as a notary public in Indiana; (2) complies with the continuing education requirements described in IC 33-42-12-2, and prescribed under IC 33-42-16-2; (3) is able to competently: (A) operate audiovisual communication technology; and (B) use identity proofing and credential analysis technology; (4) pays a registration fee in the amount of five dollars ($5); and (5) passes a remote notarial act examination administered by the secretary of state. (c) The registration fee described in subsection (b) is in addition to the processing fee described in IC 33-42-12-1(c). (d) Unless a registration under this section is revoked under IC 33-42-13, the term of registration: (1) begins on the registration starting date set by the secretary of state; and (2) expires on the date on which the remote notary public's current commission ends. (e) A remote notary public whose registration expires under subsection (d) may not perform a remote notarial act until the remote notary public has reregistered under this section. (f) A notary public is not required to perform remote notarial acts. (g) A remote notary public may perform a remote notarial act only if the remote notary public is physically present in Indiana at the time the remote notarial act is performed. As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.29.

Ind. Code § 33-42-17-3 Remote notary public functions; requirements; use of equipment

Sec. 3. (a) A remote notary public: (1) is a notary public subject to IC 33-42-12 to the same extent as a notary public who is not registered under this chapter; (2) may perform notarial acts under IC 33-42-9 in addition to performing remote notarial acts; and (3) may perform remote notarial acts in accordance with this chapter. (b) A remote notary public who is physically present in Indiana may perform the following notarial acts as remote notarial acts: (1) Taking an acknowledgment. (2) Administering an affirmation or oath. (3) Taking a verification on an oath or affirmation. (4) Attesting to or witnessing a signature. (5) Attesting to or certifying a copy of a document or record. (c) A remote notary public may use audiovisual communication technology in performance of a remote notarial act described in subsection (b) if the remote notary public has first: (1) selected an audiovisual communication technology that has been approved by the secretary of state under rules adopted under IC 4-22-2; and (2) notified the secretary of state of the selection. (d) Subject to subsection (e), a remote notarial act performed: (1) by a remote notary public commissioned in Indiana; and (2) using audiovisual communication technology described in subsection (c); is considered to have been performed in Indiana, regardless of the physical location of the principal at the time the remote notarial act is performed, and is governed by Indiana law. (e) A remote notary public may perform a remote notarial act using audiovisual communication technology described in subsection (c) for a principal that is present: (1) in Indiana; (2) outside Indiana, but within the United States; or (3) outside the United States if: (A) the requested notarial act is not prohibited in the jurisdiction where the principal is present at the time of the remote notarial act; and (B) the remote notarial act concerns a matter that: (i) is before a court, a governmental entity, or another entity in; (ii) concerns a property located in; or (iii) relates to a transaction substantially connected to a territory or jurisdiction of; the United States. (f) A remote notarial act that is performed using audiovisual communication technology described in subsection (c) must be captured by an audiovisual recording, regardless of whether the requested remote notarial act is completed. (g) Before performing a remote notarial act described in subsections (b) and (c), a remote notary public shall inform the participating parties that the remote notarial act will be captured by an audiovisual recording. (h) An audiovisual recording of a remote notarial act must include the following: (1) A recitation of the following by the remote notary public: (A) Identifying information sufficient to identify the specific remote notarial act performed. (B) A statement explaining one (1) of the following: (i) That the principal's identity is authenticated through the remote notary public's personal knowledge of the principal's identity. (ii) That the identity of the principal is authenticated by a credible witness. (2) A confirmation by the principal that the principal's electronic signature is freely and voluntarily issued. (i) Regardless of the physical location of the principal at the time of the notarial act, the validity of a remote notarial act performed by a remote notary public commissioned in Indiana must be determined under the laws of this state. As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.30.

Ind. Code § 33-42-17-4 Principal appearance

Sec. 4. (a) If a remote notarial act relates to a statement made in or a signature executed on a record, the principal shall appear before the remote notary public: (1) physically; or (2) by means of audiovisual communication described in section 6 of this chapter. (b) Any appearance described in subsection (a)(2) is considered to be an in person appearance for purposes of this chapter. As added by P.L.59-2018, SEC.64.

Ind. Code § 33-42-17-5 Verification of principal's identity

Sec. 5. The identity of the principal in a remote notarial act may be verified by any of the following: (1) The remote notary public's personal knowledge of the principal's identity. (2) A credible witness's knowledge of the principal's identity. (3) All of the following: (A) Remote presentation by the principal of a credential identifying the principal. (B) Credential analysis and visual inspection by the remote notary public of the credential described in clause (A). (C) Identity proofing of the principal, which may include a dynamic knowledge based authentication assessment or use of a public key infrastructure. (4) Another method that uses technology that meets or exceeds the standards for approval established by the secretary of state under IC 33-42-16-2. As added by P.L.59-2018, SEC.64. Amended by P.L.10-2019, SEC.128.

Ind. Code § 33-42-17-6 Approval of remote notarial act equipment

Sec. 6. (a) Technology used by a remote notary public for use in performing remote notarial acts must first be approved by the secretary of state. (b) The secretary of state may approve technology described in subsection (a) only if the: (1) technology: (A) is tamper evident; (B) allows a remote notarial act to be completed in accordance with this article; (C) conforms to rules adopted by the secretary of state under IC 4-22-2; and (D) if the technology is to be used for a remote notarial act described in section 4(a) of this chapter, allows for audiovisual communication between the parties; and (2) vendor of the technology described in subdivision (1): (A) uses a backup strategy that is acceptable to the secretary of state for use as a record keeper for any record that is related to a remote notarial act; and (B) signs an agreement with the owner of the backup strategy described in clause (A) that, in the event that the vendor ceases business operations, the owner is required to release to the secretary of state any record described in clause (A). (c) A remote notary public: (1) may select one (1) or more technologies approved by the secretary of state under this section to perform remote notarial acts; and (2) may not be required to use a particular technology not previously selected by the remote notary public. (d) A remote notary public shall do the following: (1) Take reasonable steps to ensure that audiovisual technology used in a remote notarial act is secure from unauthorized interception. (2) Not later than thirty (30) days after the change occurs, notify the secretary of state of any change in technology used by the remote notary public to perform remote notarial acts. As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.31.

Ind. Code § 33-42-17-7 Electronic notarial certificate; form

Sec. 7. (a) An electronic notarial certificate of a remote notarial act must: (1) specify that the notarial act is a remote notarial act; (2) include a space in which a remote notary public may indicate whether the principal in the remote notarial act appeared before the remote notary public under section 4(a)(1) or 4(a)(2) of this chapter; and (3) specify the: (A) city and county in Indiana in which the remote notary public is physically located when the remote notary public performs the remote notarial act; and (B) city, county, state or province, and country in which the principal is physically located when the principal signs the document. (b) Completion of either of the following forms satisfies the requirements of this section where a principal appears before a remote notary public: "State of Indiana County of________________ City of___________________ I certify that the attached or associated electronic record entitled__________________________________________ and dated___________________________ was signed by the principal__________________ who was located in this city_________________, county___________, state or province______________, and country_____________ and notarized by me, the remote notary public, on this date__________________ in this city and county____________, Indiana. Signed_____________________________, remote notary public. Printed name of remote notary public_____________________ Date notary public commission expires____________________". "State of Indiana County of________________ City of___________________ I certify that the attached or associated electronic record entitled__________________________________________ and dated____________ was acknowledged and signed by the principal__________________ who was located in this city___________________, county_____________, state or province______________, and country_____________ and who appeared by audio visual communication on this date, was notarized by me, the remote notary public, on this date_________ in this city and county_____________________, Indiana. Signed_____________________________, remote notary public. Printed name of remote notary public ____________________ Date notary public commission expires___________________". As added by P.L.59-2018, SEC.64. Amended by P.L.185-2021, SEC.61.

Ind. Code § 33-42-17-8 Electronic journal

Sec. 8. (a) A remote notary public who performs a remote notarial act shall personally do the following: (1) Enter each remote notarial act in an electronic journal. (2) Maintain the electronic journal. (3) Keep the electronic journal in the exclusive control of the remote notary public. (4) Use commercially reasonable means to prevent unauthorized access to the electronic journal. (5) Provide for the lawful copying and inspection of the electronic journal. (b) An employer may not perform the responsibilities described in subsection (a) on behalf of a remote notary public. (c) A remote notary public may maintain more than one (1) electronic journal. (d) The following apply to an electronic journal: (1) Access to the information contained in the electronic journal must be contingent upon the use of a password or other secure means of authentication. (2) It must be possible to print or produce a tangible record of any entry logged in the electronic journal. (e) A journal entry for each remote notarial act must consist of the following: (1) The date and time of the remote notarial act. (2) The type of remote notarial act. (3) A title or description of the electronic record for each remote notarial act. (4) The full name of the principal. (5) A description of the manner by which the identity of the principal was authenticated or verified. (6) A description of any credential and the credential's corresponding date of expiration used to authenticate or verify the identity of the principal. (7) A listing of: (A) every type of fee; and (B) every fee amount; charged by the remote notary public for each remote notarial act. (8) Any other information required by the secretary of state. (f) A remote notary public shall not delete, destroy, overwrite, or render inaccessible an electronic journal unless the remote notary public is ordered to do so by the secretary of state or judicial order. (g) Upon a remote notary public's learning that an electronic journal is lost, stolen, or compromised, the remote notary public shall notify the secretary of state. (h) A remote notary public who resigns or whose commission expires shall maintain the contents of an electronic journal for at least ten (10) years after the performance of the last recorded remote notarial act. As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.32.

Ind. Code § 33-42-17-9 Remote notary public fees

Sec. 9. (a) A remote notary public may charge a fee of not more than twenty-five dollars ($25) for each remote notarial act. (b) A remote notary public may charge a reasonable fee to recover expenses related to the copying of: (1) electronic journal entries; or (2) audiovisual recording of remote notarial acts. As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.33.

Ind. Code § 33-42-17-10 Presumption of validity of remote notarial act

Sec. 10. (a) A remote notarial act performed by a remote notary public is presumed valid, regardless of the failure of the remote notary public to perform a duty or meet a requirement of this chapter. (b) The presumed validity under subsection (a) of a remote notarial act does not do the following: (1) Apply to a remote notarial act that is: (A) performed by an unauthorized individual; or (B) described in IC 33-42-13-3(a)(10). (2) Prevent an injured party from seeking: (A) the invalidation of a record or transaction reliant upon an incomplete remote notarial act; or (B) another remedy under state or federal law. As added by P.L.59-2018, SEC.64.

Ind. Code § 33-42-17-11 Electronic data base of remote notaries public and technology vendors

Sec. 11. The secretary of state shall maintain on the secretary of state's Internet web site an electronic data base of active: (1) remote notaries public; and (2) vendors of technology that are approved by the secretary of state under section 6 of this chapter. As added by P.L.59-2018, SEC.64.

Ind. Code § 33-42-17-12 Remote notarial act considered performed in Indiana

Sec. 12. A remote notarial act performed in accordance with this chapter is considered to have been performed in Indiana, regardless of the physical location of the principal at the time the remote notarial act is performed. As added by P.L.59-2018, SEC.64. Amended by P.L.185-2021, SEC.62.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026

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