Ind. Code ch. 33-42-0.5

in effect

Ind. Code § 33-42-0.5-1 Application of law

Sec. 1. (a) The definitions in this chapter apply throughout this article. (b) Amendments to this article that are effective after June 30, 2017, do not affect the validity or effect of a notarial act performed under this article before July 1, 2019. (c) This article applies only to a notary public commissioned or recommissioned after June 30, 2019. (d) To the extent that IC 26-2-8 conflicts with this article, IC 26-2-8 is controlling. As added by P.L.128-2017, SEC.12. Amended by P.L.59-2018, SEC.8.

Ind. Code § 33-42-0.5-2 "Acknowledgment"

Sec. 2. "Acknowledgment" means: (1) a principal's declaration, before a notarial officer, that a record has been signed for the purpose stated in the record; or (2) if the record was signed in a representative capacity, a declaration by the individual, before a notarial officer, that the individual signed the record with the proper authority and signed it as the act of the individual or entity identified in the record. As added by P.L.59-2018, SEC.9.

Ind. Code § 33-42-0.5-3 "Appearance" or "appear"

Sec. 3. "Appearance" or "appear", with respect to a notarial act, refers to an individual's presence before a notarial officer by: (1) being: (A) physically present before the notarial officer; (B) able to interact with the notarial officer; and (C) able to physically exchange tangible credentials or other documentation with the notarial officer; or (2) the use of audio visual communication. As added by P.L.59-2018, SEC.10.

Ind. Code § 33-42-0.5-4 "Assurance"

Sec. 4. "Assurance" means a surety bond or the functional equivalent of a surety bond that covers a notary public's acts or omissions during the course of the notary public's commission. As added by P.L.59-2018, SEC.11.

Ind. Code § 33-42-0.5-5 "Audio visual communication"

Sec. 5. "Audio visual communication" means real time, two-way, visual and auditory communication through technology. As added by P.L.59-2018, SEC.12.

Ind. Code § 33-42-0.5-6 "Credential"

Sec. 6. "Credential" means a valid, government issued form of identification that bears: (1) a photograph; and (2) the signature; of the individual identified. As added by P.L.59-2018, SEC.13.

Ind. Code § 33-42-0.5-7 "Credential analysis"

Sec. 7. "Credential analysis" means a process or service: (1) approved by the secretary of state; (2) performed by a third person; and (3) through which review of public and proprietary data sources provides confidence concerning the validity of a credential. As added by P.L.59-2018, SEC.14.

Ind. Code § 33-42-0.5-8 "Credible witness"

Sec. 8. "Credible witness" means an individual who: (1) appears before a notarial officer; (2) swears or affirms that the signer of a document is the individual whom the signer claims to be; and (3) is known personally to the signer of the document and the notarial officer. As added by P.L.59-2018, SEC.15.

Ind. Code § 33-42-0.5-9 "Dynamic knowledge based authentication assessment"

Sec. 9. "Dynamic knowledge based authentication assessment" means a questionnaire that: (1) consists of questions about a principal that: (A) are derived from private and public sources; and (B) have not been previously answered by the principal; (2) is answered by the principal; and (3) is reviewed by a remote notary public to assist in verifying the identity of the principal. As added by P.L.59-2018, SEC.16.

Ind. Code § 33-42-0.5-10 "Electronic"

Sec. 10. "Electronic" means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. As added by P.L.59-2018, SEC.17.

Ind. Code § 33-42-0.5-11 "Electronic notarial certificate"

Sec. 11. "Electronic notarial certificate" means the part of or attachment to an electronic record that: (1) is completed by a notarial officer; (2) bears the notarial officer's: (A) electronic signature; and (B) electronic seal; and (3) states the facts attested to by the notarial officer in a notarial act. As added by P.L.59-2018, SEC.18.

Ind. Code § 33-42-0.5-12 "Electronic record"

Sec. 12. "Electronic record" means a record communicated, created, generated, received, sent, or stored by electronic means. As added by P.L.59-2018, SEC.19.

Ind. Code § 33-42-0.5-13 "Electronic seal"

Sec. 13. "Electronic seal" means information that: (1) is specific to an individual notary public; (2) is attached to or associated with a notarized electronic record; and (3) contains: (A) the words, "notary public"; (B) the words, "state of Indiana"; (C) the notary public's name as it appears on the notary public's commission certificate; (D) the words, "commission number", followed by the commission number of the notary public; and (E) the words, "my commission expires", followed by the expiration date of the notary public's commission. As added by P.L.59-2018, SEC.20. Amended by P.L.130-2024, SEC.6.

Ind. Code § 33-42-0.5-14 "Electronic signature"

Sec. 14. "Electronic signature" means an electronic process, sound, or symbol that is adopted by an individual for the purpose of electronically signing an electronic record. As added by P.L.59-2018, SEC.21.

Ind. Code § 33-42-0.5-15 "Exclusive control"

Sec. 15. "Exclusive control" means exclusively having, at all times, direct physical or intellectual custody of: (1) a password to access; or (2) the ability to use another secure means of authentication of; an electronic record. As added by P.L.59-2018, SEC.22.

Ind. Code § 33-42-0.5-16 "Identity proofing"

Sec. 16. "Identity proofing" means a process or service: (1) that is approved by the secretary of state; and (2) through which review by a third person of personal information: (A) about an individual; and (B) obtained from public and proprietary data sources; affirms the identity of the individual. The term may include dynamic knowledge based authentication assessment. As added by P.L.59-2018, SEC.23.

Ind. Code § 33-42-0.5-17 "In a representative capacity"

Sec. 17. "In a representative capacity" means acting: (1) as an authorized agent, officer, representative, or trustee of another person; (2) in any capacity as: (A) provided by law; and (B) stated in a record; (3) as an agent or attorney in fact for a principal; or (4) in any other authorized capacity. As added by P.L.59-2018, SEC.24.

Ind. Code § 33-42-0.5-18 "Notarial act"

Sec. 18. "Notarial act" means the following acts with respect to either a tangible or an electronic record: (1) Taking an acknowledgment. (2) Administering an oath or affirmation. (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) a tangible document or record; or (B) an electronic document or record. (6) Taking a proof (as defined in IC 32-21-2-1.7). (7) Noting a protest of a negotiable record. (8) Any other act authorized by common law or the custom of merchants. As added by P.L.59-2018, SEC.25. Amended by P.L.185-2021, SEC.58.

Ind. Code § 33-42-0.5-19 "Notarial officer"

Sec. 19. "Notarial officer" means an individual authorized under IC 33-42-9-7(a) to perform a notarial act. As added by P.L.59-2018, SEC.26.

Ind. Code § 33-42-0.5-20 "Notary public"

Sec. 20. "Notary public" means an individual commissioned by the secretary of state to perform a notarial act. As added by P.L.59-2018, SEC.27.

Ind. Code § 33-42-0.5-21 "Official seal"

Sec. 21. (a) "Official seal" means either of the following: (1) A physical image that is affixed to or embossed upon a tangible record. (2) An electronic image that is attached to or associated with an electronic record. (b) An "official seal" does not require the word "seal" to be contained within the physical or electronic image described in subsection (a). As added by P.L.59-2018, SEC.28. Amended by P.L.130-2024, SEC.7.

Ind. Code § 33-42-0.5-22 "Person"

Sec. 22. "Person" means: (1) an agency; (2) an association; (3) a business trust; (4) a corporation; (5) an estate; (6) an individual; (7) an instrumentality; (8) a joint venture; (9) a limited liability company; (10) a partnership; (11) a public corporation; (12) a trust; (13) a statutory trust; (14) any other legal or commercial entity; or (15) any local or state government: (A) agency; or (B) instrumentality. As added by P.L.59-2018, SEC.29.

Ind. Code § 33-42-0.5-23 "Principal"

Sec. 23. (a) "Principal" means an individual: (1) whose signature is reflected on a document that is notarized; (2) who has taken an oath or affirmation administered by a notarial officer; or (3) whose signature is reflected on a document that is notarized after the individual has taken an oath or affirmation administered by a notarial officer. (b) Except as provided in subsection (c), for purposes of a remote notarial act, "principal" means an individual: (1) whose electronic signature is reflected on a document that is notarized and contained in an electronic record; (2) who has taken an oath or affirmation administered by a remote notary public; or (3) whose electronic signature is reflected on a document that is notarized and contained in an electronic record after an individual has taken an oath or affirmation administered by a remote notary public. (c) A principal, for purposes of a remote notarial act, does not include an individual who has taken an oath or affirmation administered by a remote notary public in the capacity of a witness for a remote notarial act. As added by P.L.59-2018, SEC.30.

Ind. Code § 33-42-0.5-24 "Public key infrastructure"

Sec. 24. "Public key infrastructure" means a method of enabling a user of an unsecured public computer network, including the Internet, to securely and privately exchange data and money through a public and private cryptographic key pair that is obtained and shared through a trusted certificate authority, providing for a: (1) digital certificate that is able to identify an individual or organization; and (2) directory service that is able to store and, if necessary, revoke the digital certificate. As added by P.L.59-2018, SEC.31.

Ind. Code § 33-42-0.5-25 "Record"

Sec. 25. "Record" means retrievable information that is: (1) memorialized upon a tangible medium; or (2) stored electronically. As added by P.L.59-2018, SEC.32.

Ind. Code § 33-42-0.5-26 "Remote notarial act"

Sec. 26. "Remote notarial act" means a notarial act described in section 18(1) through 18(5) of this chapter: (1) performed through audio visual communication; and (2) involving an electronic record. As added by P.L.59-2018, SEC.33.

Ind. Code § 33-42-0.5-27 "Remote notary public"

Sec. 27. "Remote notary public" means a notary public who is authorized by the secretary of state to perform a remote notarial act under IC 33-42-17. As added by P.L.59-2018, SEC.34.

Ind. Code § 33-42-0.5-28 "Remote presentation"

Sec. 28. "Remote presentation" means an electronic transmission: (1) by a principal; (2) to a remote notary public; and (3) of an image: (A) of a credential; and (B) that is of sufficient quality to allow for use of the image in credential analysis to identify the principal. As added by P.L.59-2018, SEC.35.

Ind. Code § 33-42-0.5-29 "Sign"

Sec. 29. "Sign" means: (1) to adopt or execute a record with a tangible symbol; or (2) to: (A) associate with; or (B) attach to; a record an electronic process, sound, or symbol; with the intent to adopt or authenticate the record. As added by P.L.59-2018, SEC.36.

Ind. Code § 33-42-0.5-30 "Signature"

Sec. 30. "Signature" means a tangible symbol or an electronic process, sound, or symbol that evidences the signing of a record. As added by P.L.59-2018, SEC.37.

Ind. Code § 33-42-0.5-31 "Stamping device"

Sec. 31. "Stamping device" means: (1) a physical device capable of affixing or embossing a tangible record with an official seal; or (2) an electronic device or process capable of pairing an electronic seal with an electronic record. As added by P.L.59-2018, SEC.38.

Ind. Code § 33-42-0.5-32 "State"

Sec. 32. "State" means a state of the United States, the District of Columbia, or a territory or possession subject to the jurisdiction of the United States. As added by P.L.59-2018, SEC.39.

Ind. Code § 33-42-0.5-33 "Surety"

Sec. 33. "Surety" means an entity that: (1) is licensed or authorized to do the business described in subdivision (2) in Indiana; and (2) guarantees the legal liability of a notary public for: (A) debt; (B) default; or (C) failure to perform a duty of a notary public. As added by P.L.59-2018, SEC.40.

Ind. Code § 33-42-0.5-34 "Technology"

Sec. 34. "Technology" means an application, a device, or a program that allows a notarial officer to perform a: (1) notarial act electronically; or (2) remote notarial act. As added by P.L.59-2018, SEC.41.

Ind. Code § 33-42-0.5-35 "Verification on an oath or affirmation"

Sec. 35. "Verification on an oath or affirmation" means a declaration that a statement in a record is true. As added by P.L.59-2018, SEC.42.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026