Indiana § 33-42-17-3 - Remote notary public functions; requirements; use of equipment

§ 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.