An Indiana notary acknowledgment is a legal document that verifies the authenticity of signatures on a document. The notary public must confirm the identity of all signing parties and ensure they are signing the document freely and not under duress.
Although signers do not need to sign the document in the notary’s presence, they must declare that they have signed it voluntarily. The acknowledgment form contains the notary’s name, signature, commission expiration date, and acknowledgment date.
It certifies that the signer understands the contents and purpose of the document they are signing.
Legal Considerations
Statute: § 33-42
Form of Acknowledgment: As per § 33-42-9-12, the acknowledgment must include a statement confirming voluntary signature, the signer’s name, acknowledgment date, notary’s name, title, commission expiration date, signature, and official seal.
Notary Term of Commission: Eight years. (§ 33-42-12-1)
Notary Handbook: The Notary Handbook contains detailed information on the laws, regulations, and procedures that govern the notarial acts performed by notaries in the state.
Is Online Notarization Legal in Indiana?
Yes, as of July 1, 2019, online notarization is legal under the Remote Notarization Act (33-42-17). This act allows notaries to perform notarial acts for remotely located individuals via two-way audio-video communication technology.
A remote notary public may charge a fee of $25.
How to Notarize
Step 1 – Find a Notary
Find a notary public authorized to perform notarial acts in your state. This can be done by searching online or checking with local banks, libraries, or government offices. Once you have found a notary, schedule an appointment with them.
A Notary may charge a fee of $10 per notarial act and may charge the Federal Mileage Rate for travel (2023 Indiana Notary Public Update).
Step 2 – Present the Document
The document in question must be presented to the notary public. All signers must identify themselves to the notary, which can be accomplished through photo ID, personal knowledge, or credible witness (in exceptional situations). Forms of ID include:
- Driver’s license issued by a US State
- State-issued identity card (from any US State)
- US passport or an unexpired officially recognized passport of a foreign country
- US military identification card
- Identity card issued by a federally recognized Indian tribe
- University identification card
- A document issued by the US federal government or a state, county, or other local government that contains the person’s photograph, signature, and physical description.
Step 3 – Sign the Document
For documents requiring acknowledgment, signatures can already be inscribed on the document. In other cases, each individual must sign the document before the notary public.
Step 4 – Take an Oath
After signing the document, all signers must declare that they have signed it willingly. In some cases, they may also need to swear an oath or affirmation regarding the truthfulness of the document’s contents.
Step 5 – Obtain a Certificate
Once the notary has completed their notarial duties, they can notarize the document by filling out the appropriate notarial certificate, including their official seal and signature.
How to Verify a Notary
- Visit the Notary Search page on the Secretary of State’s website.
- Use the menu in the Profession field to select Notary Public.
- Enter the notary’s name and click Submit. A list of matching names will be provided.
- Click on a notary’s name to view more detailed information about them. Once you have accessed their profile, you should be able to view their commission information and expiration date to ensure they are a valid notary.
How to Write (for Notary)
- Download a notary acknowledgment form in PDF or Word format.
- Provide the name of the county and the name of the signer.
- Enter the date when the acknowledgment is being made.
- Provide your notary seal, signature, title, and commission expiration date in the designated fields. Make sure to sign the form in the presence of the signer.
- Once you have completed the form, copy the document for your records and give the original to the signer.
