reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-9. Notarial Acts in Federally Recognized Indian Tribe Jurisdiction

Sec. 9. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act is:
(1) performed within the territory of the Indian tribe; and
(2) performed by:
(A) a notary public of the Indian tribe;
(B) a judge, clerk, or deputy clerk of the Indian tribe; or
(C) any other individual authorized by the laws of the Indian tribe to perform the notarial act.
(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence of the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establish the authority of the notarial officer to perform the notarial act.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.49.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-10. Notarial Acts Under Federal Law

Sec. 10. (a) A notarial act performed under federal law shall be presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual who is authorized to perform the notarial act under federal law and is:
(A) presently serving in the armed forces of the United States; or
(B) performing duties under the authority of the armed forces of the United States;
(3) an individual designated as a notarial officer by the United States Department of State for the purpose of performing notarial acts overseas;
(4) a commissioned officer with the rank of:
(A) second lieutenant or higher in the active service of the:
(i) United States Army;
(ii) United States Marine Corps; or
(iii) United States Air Force; or
(B) ensign or higher in the active service of the:
(i) United States Coast Guard; or
(ii) United States Navy; or
(5) any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority while performing a notarial act are prima facie evidence of the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) The signature and title of a notarial officer described in subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority of the notarial officer to perform the notarial act.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.50; P.L.215-2018(ss), SEC.14.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 9. Notarial Acts › 33-42-9-11. Notarial Acts in Foreign Jurisdiction

Sec. 11. (a) As used in this section, "foreign" means a government other than the United States, a state, or a federally recognized Indian tribe.
(b) If a notarial act is performed under the authority of and in the jurisdiction of:
(1) a foreign state;
(2) a constituent component of a foreign state; or
(3) an international or multinational governmental organization;
the notarial act is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana.
(c) If evidence of authority and title of office appear in a digest of law or comparable listing, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) The signature and official seal of an individual holding an office described in subsection (c) are prima facie evidence of the authenticity of:
(1) the signature; and
(2) the title of the office holder.
(e) An apostille in the form:
(1) prescribed by the Hague Convention of October 5, 1961; and
(2) issued by a foreign state that is a party to the convention described in subdivision (1);
establishes that the signature of the officer is genuine and that the officer holds the indicated office.
(f) A consular authentication:
(1) issued by an individual designated as a notarizing officer:
(A) by the United States Department of State; and
(B) for notarial acts performed overseas; and
(2) affixed or attached to the record associated with the execution of a notarial act;
conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.51.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 10. Official Seals and Stamping Devices › 33-42-10-2. Official Seal

Sec. 2. (a) The official seal of a notary public must include the following:
(1) The words "notary public".
(2) The words "state of Indiana".
(3) The word "seal".
(4) The name of the notary public exactly as it appears on the notary public's commission certificate.
(5) The words "commission number" followed by the commission number of the notary public.
(6) The words "my commission expires" followed by the expiration date of the notary public's commission.
(b) The seal described in subsection (a) must be capable of being copied together with the record to which it is affixed, attached, or associated.
(c) The seal described in subsection (a) may include any other information chosen by the notary public to be included on the seal.
As added by P.L.128-2017, SEC.19.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 10. Official Seals and Stamping Devices › 33-42-10-3. Security of Stamping Device

Sec. 3. (a) A notary public is responsible for the security of any stamping device used for notarial acts by the notary public.
(b) A notary public shall not allow any other person to make use of the stamping device used by the notary public.
(c) Upon the:
(1) expiration;
(2) resignation; or
(3) revocation;
of the notary public's commission, the notary public shall damage, deface, destroy, erase, or secure the stamping device in a manner that precludes any further use of the stamping device.
(d) Upon the:
(1) adjudication of incompetency; or
(2) death;
of a notary public, the notary public's guardian or personal representative shall preclude any further use of the stamping device by disabling the stamping device as described in subsection (c).
(e) If a stamping device is lost or stolen, the notary public or notary public's guardian or personal representative shall promptly notify the secretary of state's office upon learning of the loss or theft.
As added by P.L.128-2017, SEC.19. Amended by P.L.59-2018, SEC.54.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 10. Official Seals and Stamping Devices › 33-42-10-4. Effect of Official Seal

Sec. 4. A notary public's official seal, when properly:
(1) executed; and
(2) affixed, associated, or attached to a record;
shall make the record self-authenticating for the purpose of a court proceeding.
As added by P.L.128-2017, SEC.19.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 12. Commission Requirements and Qualifications › 33-42-12-1. Notary Public Commission

Sec. 1. (a) An individual qualified under subsection (b) may apply to the secretary of state for a commission as a notary public. The applicant shall provide the information required by the rules established by the secretary of state, if any.
(b) An applicant for a commission as a notary public must:
(1) be at least eighteen (18) years of age;
(2) be a citizen or permanent legal resident of the United States;
(3) be a resident of or primarily employed in Indiana;
(4) not be disqualified to receive a commission under IC 33-42-13;
(5) satisfy all educational requirements; and
(6) have passed the examination described in section 2 of this chapter.
(c) An applicant applying for a commission as a notary public or reapplying for a subsequent commission shall:
(1) complete an electronic application and provide all necessary information required by the secretary of state;
(2) pay a nonrefundable processing fee of five dollars ($5);
(3) execute an oath of office and comply with any associated requirements imposed by the secretary of state;
(4) obtain an assurance in the amount of twenty-five thousand dollars ($25,000);
(5) submit, or have submitted by the surety on the applicant's behalf, an electronic copy of the assurance not later than thirty (30) days after the effective date of the assurance; and
(6) submit an electronic signature sample to the secretary of state.
(d) A notary public may perform notarial acts only during a period covered by a valid assurance on file with the secretary of state.
(e) A surety must notify the secretary of state of a payment made under a notary public's assurance not later than thirty (30) days after issuing the payment to a claimant.
(f) The secretary of state shall grant a commission as a notary public to an applicant who fully complies with this section. The term of a commission granted under this subsection is eight (8) years.
(g) A commission granted under this section authorizes the notary public to perform notarial acts within the state of Indiana. The commission does not provide the notary public with any immunity or benefit.
(h) An individual may not have more than one (1) active Indiana commission as a notary public at a time.
(i) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, a commission as a notary public is not a lucrative office.
As added by P.L.128-2017, SEC.20. Amended by P.L.59-2018, SEC.55.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 12. Commission Requirements and Qualifications › 33-42-12-2. Notary Public; Application for Commission

Sec. 2. (a) An applicant seeking a commission as a notary public, including an applicant reapplying for a subsequent commission, must complete:
(1) a course of education; and
(2) an examination.
(b) A notary public must fulfill a continuing education requirement not to exceed two (2) hours of continuing education every two (2) years.
As added by P.L.128-2017, SEC.20. Amended by P.L.177-2019, SEC.20.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 12. Commission Requirements and Qualifications › 33-42-12-3. Change to Notary Public Information; Notice

Sec. 3. (a) A notary public shall notify the secretary of state not later than thirty (30) days after any change to the following information associated with the notary public:
(1) Name.
(2) Mailing address.
(3) Personal electronic mail address.
(4) Personal telephone number.
(5) Employer's:
(A) address;
(B) name; and
(C) telephone number.
(b) A notary public shall file the following documents with the secretary of state upon any change to the notary public's name on file with the secretary of state's office:
(1) A rider or other record issued by the notary public's surety reflecting the change of name.
(2) An example of the notary public's new, official signature.
(c) A notary public shall notify the secretary of state of the following occurrences not later than fourteen (14) days after they occur:
(1) The notary public is convicted of a felony offense involving deceit, dishonesty, or fraud.
(2) The notary public is found to have acted deceitfully, dishonestly, or fraudulently in any disciplinary action or legal proceeding.
(3) The notary public has a commission as a notary public denied, restricted, or revoked in a state other than Indiana.
(d) The commission of a notary public who is no longer:
(1) a citizen or resident of Indiana; or
(2) primarily employed by the state of Indiana;
shall be treated as resigned.
As added by P.L.128-2017, SEC.20. Amended by P.L.59-2018, SEC.56.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 13. Notary Discipline › 33-42-13-1. Disciplinary Actions

Sec. 1. (a) The secretary of state may do any of the following with respect to a commission under IC 33-42-12:
(1) Deny the commission.
(2) Refuse a subsequent commission.
(3) Revoke the commission.
(4) Suspend the commission.
(5) Impose a condition on the commission.
(b) The secretary of state may investigate any violation of this chapter by a notary public.
(c) An action described in subsection (a) may be taken against any notary public for any act or omission that demonstrates a deficiency in competence, honesty, integrity, or reliability, including the following:
(1) Any failure to comply with this article or rules adopted under this article.
(2) Any deceitful, dishonest, or fraudulent statement or omission made during the application for a commission as a notary public.
(3) Any conviction for a felony offense or a crime involving deceit, dishonesty, or fraud.
(4) An adverse ruling or admission of liability in any legal proceeding pertaining to deceit, dishonesty, or fraud.
(5) Any failure to discharge any duty required of a notary public.
(6) Any use of false or misleading advertisements.
(7) Use of any false or misleading statement claiming a right or privilege that the notary public does not have.
(8) Any of the following with respect to a commission as a notary public in another state:
(A) Denial of the commission.
(B) Refusal of a subsequent commission.
(C) Revocation of the commission.
(D) Suspension of the commission.
(E) Imposition of a condition on the commission.
(9) Any violation of a rule or requirement that:
(A) pertains to a notary public; and
(B) is required by the secretary of state.
(10) Any failure to maintain an assurance as described in IC 33-42-12.
(d) If the secretary of state acts under subsection (a) on an applicant or notary public's commission, the affected party is entitled to timely notice and a hearing as described in IC 4-21.5.
(e) The secretary of state's decision to discipline an applicant or notary public as described in this section does not prevent a person from pursuing any civil or criminal cause of action against the offending applicant or notary public.
As added by P.L.128-2017, SEC.21. Amended by P.L.59-2018, SEC.57; P.L.182-2018, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 13. Notary Discipline › 33-42-13-4. Notario Publico Deception

Sec. 4. (a) A person who knowingly or intentionally:
(1) advertises notarial services without using the statement described in section 3(d) of this chapter;
(2) advertises notarial services while claiming to be an expert on immigration matters without being a designated entity as described in 8 CFR 245 a.11; or
(3) accepts payment in exchange for providing legal advice or any other assistance that requires legal analysis, judgment, or interpretation of the law;
commits notario publico deception, a Class A misdemeanor.
(b) It is a defense to a prosecution under this section that a notary public is also licensed to practice law in Indiana.
As added by P.L.128-2017, SEC.21. Amended by P.L.59-2018, SEC.59.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 14. Notary Fees › 33-42-14-1. Notary Public Fees

Sec. 1. (a) A notary public may charge a fee of not more than ten dollars ($10) per signature for each of the following notarial acts:
(1) Taking an acknowledgment.
(2) Administering an affirmation or oath.
(3) Attesting to or witnessing a signature.
(4) Taking a verification on an oath or affirmation.
(5) Attesting to or certifying a copy.
(b) Fees for notarial acts not described in subsection (a) are negotiable.
(c) If a fee is charged for a notarial act, the notary public shall display, in advance, a list of the fees that the notary public will charge.
(d) Notarial acts that:
(1) are performed as part of the notary public's employment; or
(2) do not require record keeping;
are subject to private agreement and are not governed by this section.
(e) A notary public may charge a reasonable fee for traveling to perform a notarial act. The travel fee requested may not exceed the federal travel fees established by the United States General Services Administration.
(f) Except as provided in subsection (g), an individual who is a:
(1) public official; or
(2) deputy or appointee of a public official;
may not charge for notarial acts performed by the individual in connection with any official business of the public official or any other office belonging to the governmental unit in which the individual serves.
(g) Subsection (f) does not apply to a person or transaction authorized by another statute to charge a fee for performing notarial acts.
As added by P.L.128-2017, SEC.22. Amended by P.L.59-2018, SEC.60; P.L.177-2019, SEC.23; P.L.177-2019, SEC.24.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 15. Apostilles › 33-42-15-1. Secretary of State Authentication

Sec. 1. (a) The secretary of state may attest to the authenticity of the signature of a public official in Indiana.
(b) Except as provided in subsection (c), the secretary of state may attest to the authenticity of a signature or certify a signature of a notary public.
(c) The secretary of state may not certify or attest to the signature of a notary public on a document regarding:
(1) allegiance to a government or jurisdiction;
(2) the relinquishment or renunciation of citizenship, military status, sovereignty, or world service authority; or
(3) a claim of immunity from the jurisdiction of the United States, the laws of any state of the United States, or federal law.
As added by P.L.128-2017, SEC.23.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 15. Apostilles › 33-42-15-2. Secretary of State Attestation Fee

Sec. 2. (a) The secretary of state shall collect two dollars ($2) for each attestation provided under this chapter. However, no fee may be collected for an attestation pertaining to the following:
(1) An adoption.
(2) A birth certificate issued by the state of Indiana.
(3) A death certificate issued by the state of Indiana.
(4) A student:
(A) transcript; or
(B) diploma;
issued by an academic institution domiciled in Indiana and attested to in a notarial act by the academic institution's registrar or equivalent official.
(5) A document prepared by the secretary of state.
(b) A fee collected under subsection (a) is nonrefundable.
As added by P.L.128-2017, SEC.23. Amended by P.L.177-2019, SEC.25.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 16. Miscellaneous Provisions › 33-42-16-1. Validity of Notarial Act

Sec. 1. (a) The failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer.
(b) The presumed validity of a notarial act under this section does not prevent an injured party from seeking:
(1) the invalidation of a record or transaction reliant upon an incomplete notarial act; or
(2) any other remedy provided by the laws of Indiana or the laws of the United States.
(c) The presumed validity of a notarial act described in subsection (a) does not apply to notarial acts:
(1) performed by unauthorized persons; or
(2) described in IC 33-42-13-3(a)(10).
As added by P.L.128-2017, SEC.24.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 16. Miscellaneous Provisions › 33-42-16-2. Rulemaking

Sec. 2. (a) The secretary of state shall adopt rules under IC 4-22-2 to implement this article, including rules to do the following:
(1) Prescribe the process for conditioning, denying, granting, renewing, revoking, or suspending the following:
(A) A commission as a notary public.
(B) A remote notary public registration.
(2) Prescribe standards to ensure the trustworthiness of individuals applying for or in possession of the following:
(A) A commission as a notary public.
(B) A remote notary public registration.
(3) Establish processes for accepting and approving assurances.
(4) Prescribe the manner by which notarial acts are performed with respect to tangible records and electronic records.
(5) Ensure that a change to or tampering with a record bearing an electronic notarial certificate is self-evident.
(6) Specify requirements to ensure the secure creation, storage, transmission, and authentication of electronic records, electronic seals, and electronic signatures.
(7) Establish standards for approval of the following for use in Indiana:
(A) Audio visual communication technology.
(B) Identity proofing.
(C) Credential analysis.
(D) Dynamic knowledge based authentication.
(E) Biometrics.
(F) Other methods of identification.
(8) Establish standards related to electronic notarial certificates.
(b) When adopting, amending, or repealing rules governing electronic records or remote notarial acts, the secretary of state shall consider the following:
(1) Recent standards regarding electronic records issued by national bodies, including the National Association of Secretaries of State.
(2) The customs, practices, and standards of other jurisdictions.
(3) Actions of other governmental entities and officials.
(c) The administrative rules for remote notarial acts must be in effect before the secretary of state approves vendors of technology under IC 33-42-17-6.
(d) Remote notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the secretary of state.
(e) The secretary of state may amend rules adopted under this section as determined necessary as a result of changes in electronic and remote notarial act technology.
As added by P.L.128-2017, SEC.24. Amended by P.L.59-2018, SEC.61; P.L.177-2019, SEC.26.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 16. Miscellaneous Provisions › 33-42-16-3. Effect of Law on Notary Public Commission

Sec. 3. A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies or reapplies for a commission on or after July 1, 2018, is subject to this article.
As added by P.L.128-2017, SEC.24. Amended by P.L.59-2018, SEC.62.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 16. Miscellaneous Provisions › 33-42-16-5. Certificate of Fact

Sec. 5. (a) On the request of any person, the secretary of state shall issue a certificate of fact for a notary public.
(b) A certificate of fact issued under subsection (a) must state the following:
(1) The notary public's name.
(2) The notary public's commission expiration date.
(3) The notary public's county of commission.
(4) That the records of the secretary of state indicate that the notary public's commission is active.
(c) Subject to any qualification specified in a certificate of fact issued under subsection (a), the certificate may be relied upon as conclusive evidence of the facts stated in the certificate.
As added by P.L.177-2019, SEC.27.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 42. Notaries Public › Chapter 17. Remote Notarial Acts › 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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-1. Practice of Law by Attorneys; Officer of the Court

Sec. 1. (a) A person, before proceeding to discharge the duties of an attorney, shall take an oath to:
(1) support the Constitution of the United States and the Constitution of the State of Indiana; and
(2) faithfully and honestly discharge the duties of an attorney at law.
(b) The oath taken under subsection (a) must be entered in the order book of the court.
(c) A duly sworn attorney who is not otherwise disqualified to practice law is an officer of the court.
[Pre-2004 Recodification Citation: 33-21-1-1.]
As added by P.L.98-2004, SEC.22. Amended by P.L.158-2013, SEC.346.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-2. Repealed

[Pre-2004 Recodification Citation: 33-21-1-2.]
As added by P.L.98-2004, SEC.22. Repealed by P.L.72-2018, SEC.15.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-3. Duties

Sec. 3. An attorney shall do the following:
(1) Support the Constitution and laws of the United States and of Indiana.
(2) Maintain the respect that is due to the courts of justice and judicial officers.
(3) Only counsel or maintain actions, proceedings, or defenses that appear to the attorney to be legal and just. However, this subdivision may not be construed to prevent the defense of a person charged with a crime.
(4) Employ, for the purpose of maintaining the causes confided to the attorney, only those means that are consistent with truth and never seek to mislead the court or jury by any artifice or false statement of fact or law.
(5) Maintain inviolate the confidence and, at every peril to the attorney, to preserve the secrets of the attorney's client.
(6) Abstain from all offensive personality, and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which the attorney is charged.
(7) Not to encourage either the commencement or the continuance of an action or proceeding from any motive of passion or interest.
(8) Never to reject, from any consideration personal to the attorney, the cause of the defenseless or oppressed.
(9) To promptly account to and pay over to a client any money coming into the hands of the attorney to which the client is lawfully entitled.
(10) To abstain from direct or indirect solicitation of employment to institute, prosecute, or defend against any claim, action, or cause of action.
[Pre-2004 Recodification Citation: 33-21-1-3.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-4. Authority

Sec. 4. Until superseded by another attorney or discharged, an attorney may do the following:
(1) Bind the attorney's client in an action or a special proceeding, by the attorney's agreement that is either filed with the clerk or entered upon the minutes of the court.
(2) Receive money claimed by the attorney's client during the pendency of an action or a special proceeding.
(3) Discharge a claim or acknowledge satisfaction of a judgment after the money claimed has been received under subdivision (2).
[Pre-2004 Recodification Citation: 33-21-1-4.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-5. Written Authority of Party Prerequisite to Certain Judgments

Sec. 5. Unless the written authority of a party is first produced and its execution is satisfactorily proved to the court, a judgment may not be rendered against any party:
(1) upon the agreement of an attorney; or
(2) by default;
when the party has not been notified or personally entered an appearance.
[Pre-2004 Recodification Citation: 33-21-1-5.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-6. Requiring Attorney to Prove Authority

Sec. 6. The court or judge may:
(1) on motion of either party that shows reasonable grounds; or
(2) without a motion;
require an attorney to produce and prove the authority under which the attorney appears. The court may stay all proceedings by the attorney on behalf of the party for whom the attorney assumes to appear until the attorney produces and proves authority to appear.
[Pre-2004 Recodification Citation: 33-21-1-6.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-7. Appearance of Attorney Without Authority; Relief of Party

Sec. 7. If a party alleges that an attorney appears on behalf of the party without the party's authority the court may, at any stage of the proceedings, relieve the party from the consequences of the attorney's act. The court may also, summarily or upon motion, compel the attorney to repair the injury consequent upon the attorney's assumption of authority.
[Pre-2004 Recodification Citation: 33-21-1-7.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-8. Deceit or Collusion of Attorney; Penalty

Sec. 8. (a) An attorney who is guilty of deceit or collusion, or consents to deceit or collusion, with intent to deceive a court, judge, or party to an action or judicial proceeding commits a Class B misdemeanor.
(b) A person who is injured by a violation of subsection (a) may bring a civil action for treble damages.
[Pre-2004 Recodification Citation: 33-21-1-8.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-9. Refusal to Deliver Over Money or Papers; Contempt

Sec. 9. If, on request, an attorney refuses to deliver over money or papers to a person from whom or for whom the attorney has received them, in the course of the attorney's professional employment, the attorney may be required, after reasonable notice, on motion of any party aggrieved, by an order of the court in which an action, if any, was prosecuted or if an action was not prosecuted, by the order of any court of record, to deliver the money or papers within a specified time, or show cause why the attorney should not be punished for contempt.
[Pre-2004 Recodification Citation: 33-21-1-9.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 1. Practice of Law by Attorneys › 33-43-1-10. Suspension of Attorney From Practice for Refusal to Deliver Money or Papers; Additional Remedies

Sec. 10. If an attorney has been ordered to deliver money or papers under section 9 of this chapter, on a motion or in an action brought by the aggrieved party, the court may take any of the following actions:
(1) Suspend the attorney from practice in any of the courts of Indiana, for any length of time, in the court's discretion.
(2) Enter judgment for the amount of money withheld, deducting fees, if any are due, and costs paid by the attorney, with ten percent (10%) damages, that may be enforced by execution, without the benefit of stay or appraisement laws, and returnable within thirty (30) days.
(3) Render any judgment and make any order with respect to the papers or property withheld, that may be necessary to enforce the right of the party aggrieved. The judgement or order is subject to any liens the attorney has for fees.
[Pre-2004 Recodification Citation: 33-21-1-10.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 2. Prohibition on Practicing Law by Nonattorneys › 33-43-2-1. Engaging in Practice by Person Not Admitted

Sec. 1. A person who:
(1) professes to be a practicing attorney;
(2) conducts the trial of a case in a court in Indiana; or
(3) engages in the business of a practicing lawyer;
without first having been admitted as an attorney by the supreme court commits a Class B misdemeanor.
[Pre-2004 Recodification Citation: 33-1-5-1.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 2. Prohibition on Practicing Law by Nonattorneys › 33-43-2-2. Burden of Proof

Sec. 2. In a prosecution under this chapter, the state is not required to prove that the defendant has not been admitted as an attorney. The burden of proving admission is on the defendant.
[Pre-2004 Recodification Citation: 33-1-5-3.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 4. Attorney Entitled to Hold Lien on Judgment › 33-43-4-1. Authority

Sec. 1. An attorney practicing law in a court of record in Indiana may hold a lien for the attorney's fees on a judgment rendered in favor of a person employing the attorney to obtain the judgment.
[Pre-2004 Recodification Citation: 33-1-3-1.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 43. Practice of Law › Chapter 4. Attorney Entitled to Hold Lien on Judgment › 33-43-4-2. Entry of Intention to Hold Lien

Sec. 2. (a) An attorney, not later than sixty (60) days after the date the judgment is rendered, must enter in writing upon the docket or record in which the judgment is recorded, the attorney's intention to hold a lien on the judgment, along with the amount of the attorney's claim.
(b) If an appeal is taken on a judgment, the lien may be entered not later than sixty (60) days after the date the opinion of the higher court is recorded in the office of the clerk of the trial court or after the date of final judgment where the cause is reversed and retried.
[Pre-2004 Recodification Citation: 33-1-3-1.]
As added by P.L.98-2004, SEC.22.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 44. Interest Bearing Attorney Trust Accounts › Chapter 1. Legislative Findings › 33-44-1-1. Legislative Findings

Sec. 1. The general assembly finds that:
(1) due to insufficient funding, existing programs providing free legal services in civil matters to indigent persons do not adequately meet the needs of indigent persons;
(2) the use of funds collected under this article for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes in the judicial branch of government; and
(3) the expansion, improvement, and initiation of legal services to indigent persons will aid in the advancement of the science of jurisprudence and in the improvement of the administration of justice.
[Pre-2004 Recodification Citation: 33-20-1-1.]
As added by P.L.98-2004, SEC.23.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 44. Interest Bearing Attorney Trust Accounts › Chapter 1. Legislative Findings › 33-44-1-2. Purpose

Sec. 2. It is the purpose of this article to expand the availability and improve the quality of existing free legal services in civil matters to indigent persons and to initiate new programs that will provide services to them.
[Pre-2004 Recodification Citation: 33-20-1-2.]
As added by P.L.98-2004, SEC.23.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 44. Interest Bearing Attorney Trust Accounts › Chapter 2. Application of Article › 33-44-2-1. Application of Article; Activities

Sec. 1. This article does not apply to an activity that is:
(1) the practice of law; and
(2) regulated by the judicial department of state government.
[Pre-2004 Recodification Citation: 33-20-2-2.]
As added by P.L.98-2004, SEC.23.