Indiana notaries public will need to increase the amount of their surety bond following the passage of SB 539. Signed into law in April, the bill takes effect on July 1, 2018, and holds a few additional changes for notaries in the state.
Under current law, Indiana notaries are required to obtain a $5,000 surety bond when applying for a license. SB 539 will increase the surety bond amount to $25,000. Indiana notaries apply online through the Secretary of State’s office and must meet certain eligibility criteria, including the following:
- At least 18 years old
- U.S. citizen or legal permanent resident
- Resident of or primarily employed in Indiana
- Satisfy educational requirements
- Pass a notary examination
Educational requirements for Indiana notaries include a course of education and exam administered by the Secretary of State, as well as complete a maximum of two hours of continuing education every two years. Indiana notary commissions are valid for eight years, and notaries can apply to renew their commission as early as 60 days before its expiration.
SB 539 clarifies that notarial acts performed by notaries licensed in other states, in the jurisdiction of Native American tribes, and acts performed under federal law are valid in Indiana as long as the individuals are authorized to perform notarial acts. Notarial acts performed under the authority of foreign governments�not under the jurisdiction of state, federal, or Native American laws�are also valid in Indiana per SB 539.
Indiana notaries must provide a certificate to authenticate notarial acts, and the certificate must be issued under the following conditions:
- Issued at the same time the notarial act is performed
- Signed and dated by the notarial officer
- Must identify where the act was performed
- Must display notarial officer’s title
- If the notarial officer is a notary public, certificate must display the notary’s commission expiration date and the county in which they are commissioned
SB 539 details requirements for the seals of any Indiana notaries commissioned or recommissioned after December 31, 2017. The seal must include the following information:
- The phrase “notary public”
- The phrase “state of Indiana”
- The word “seal”
- Notary’s name as it appears on their commission
- The phrase “commission number” followed by the notary’s commission number
- The phrase “my commission expires” followed by the notary’s commission expiration date
Indiana notaries’ seals must be destroyed if their commission expires without renewal, if they resign, or if their commission is revoked. Notaries are subject to the provisions of SB 539 if they renew or apply for commission after January 1, 2018; notaries whose commissions are in effect on that date will need to comply with SB 539 upon their next renewal.
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