Title 33, COURTS AND COURT OFFICERS

Sec. 6. On the abolition date, the following apply: (1) The employment of a person employed solely by the abolished court is terminated by operation of law. This subdivision does not prevent the person from being transferred to or employed by another court. (2) A person who is jo…

Sec. 7. (a) This section applies if, on the abolition date, there is only one (1) remaining court. (b) On the abolition date, all agreements and liabilities of the abolished court are transferred to the remaining court. (c) On the abolition date, all records and property of the a…

Sec. 8. (a) This section applies if, on the abolition date, there are two (2) or more remaining courts. (b) On the abolition date, all agreements and liabilities of the abolished court are transferred to the remaining courts in a manner jointly determined by the remaining courts.…

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…

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.

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 notari…

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.

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 nam…

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.

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.

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 identit…

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 oth…

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)…

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.

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, …

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.

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 …

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…

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 ha…

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 trus…

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.

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.

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.

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 a…

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.…

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 ta…

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.

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.…

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.

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…

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.

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.

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.

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.

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.

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.59-2…

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 ad…

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;…