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Indiana Frequently Asked Questions

Are notary fees taxable as income? 

Yes. A good way to keep up with your notary fees is to record the amount charged for each notarization in your record book. You will want to consult your tax adviser for specific information about reporting notary fees as income. Be sure to review the section on record keeping and order your record book from Notary Public Underwriters.

 

Where may I notarize? 

You may perform official acts anywhere within the state of Indiana. However, although you may, you are not compelled to act outside of the county where you reside. You have no authority to act outside the state.

 

How long is the term of office for an IN notary? 

8 years.

 

What are the qualifications for becoming a notary?

--You must be at least 18 years of age or older.
--You must be a legal resident of the State of Indiana.
--You must not hold another lucrative public office.
--No one person convicted of a crime receiving a sentence exceeding six months imprisonment may be a notary public (ind code 5-8-3-1).

 

Are notaries licensed like other professionals? 

No. Notaries are public officers and are appointed and commissioned by the Governor with the assistance of the Secretary of State.

 

What is the purpose of a notary public? 

A notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.

 

If I use a rubber stamp, what color ink do I use? 

The law does not specify. However, black is the best color to ensure legibility when photocopying. Notary Public Underwriters uses black ink on all inked notary stamps.

 

What is a notary bond? 

The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond.

 

Do I notify the state of a name change? 

Yes. Visit the Indiana Secretary of State's website to revise your commission information. If you are bonded through Notary Public Underwriters, please let us know of any changes so we may keep in touch with you and don’t forget to order your new notary stamp!

 

What must I do if I change my address? 

Visit the Indiana Secretary of State's website to revise your commission information. If you are bonded through Notary Public Underwriters, please let us know of any changes so we may keep in touch with you and don’t forget to order your new notary stamp!

 

What is my Commission Number? 

Go to the Secretary of State's Indiana Notary Search and enter your name. It will give your commission number.

 

May I notarize a signature of a blind person? 

Yes. You may notarize for a blind person only if you first read the document to the person and feel certain about the person’s understanding and willingness to sign the document.

 

What is the venue? 

“State of Indiana, County of _____”

This notation is called the venue. It is the location of the notarization – not the county where you live or work. Either in the body of the notarial certificate or just below your signature, you should also indicate the “State of Indiana, County of (your residence)”.

 

What are the steps for performing a notarization? 

Follow these general steps for every notarization you perform:

1. Require the personal appearance of the document signer. Never make an exception!
2. Examine the document to ensure it is complete and contains a properly formatted notarial certificate.
3. Identify the signer, either through your personal acquaintance of the individual or some type of satisfactory evidence, such as a valid driver’s license or passport.
4. Enter the transaction into your record book. Although the law does not require you to keep a record book, we recommend you keep a record of all your notarial acts.
5. Perform the notarization ceremony. You must communicate verbally with the signer to perform the notarial act. The person usually signs the document at this point.
6. Complete the notarial certificate. Make sure the information is correct and complete. Do not forget to sign and seal the certificate.

 

How do I take an acknowledgment? 

Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you take the signer’s acknowledgement by asking a simple question: “Do you acknowledge and declare this is your signature, you understand this document, and you willingly signed the document for the purposes stated herein?”

 

What do I do if a signer objects due to religion? 

A legal alternative to an oath is an affirmation. Ask the question: “Do you solemnly affirm under the penalties of perjury the information contained in this document is the truth?”

 

How do I administer an oath for a document? 

Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you administer the oath by asking a simple question, “Do you solemnly swear the information contained in this document is the truth, so help you God?” For an oath, you must witness the person signing the document.

 

What notarial acts am I authorized to perform? 

The main duties of Indiana notaries are to administer oaths and take acknowledgments.

 

What does it mean to “notarize a signature”? 

“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.

 

Can I notarize a photograph? 

No. This is not an authorized duty of a notary. An alternative would be to notarize the signature of a person who is willing to certify the authenticity of the photograph in a sworn statement.

 

May I help a friend fill out immigration papers? 

No. Only attorneys or qualified immigration specialists may perform these duties.

 

May I assist a client with legal documents? 

No, not unless you are an attorney licensed to practice law in Indiana. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.

 

May I perform a notarization when I am a party? 

No. If you are a party to the transaction or if you have a financial interest in the transaction, you may NOT be the notary for this transaction. You would not be impartial, and the transaction could be deemed unlawful or unenforceable.

 

Can I perform a notarization for a family member? 

Indiana law does allow you to notarize for a family member. However, most notary authorities agree notaries must not notarize for their family members. You would compromise your role as an unbiased witness and may jeopardize the validity of an important transaction.

 

May I notarize my own signature? 

No. Notarizing your own signature violates the requirement for impartiality.

 

Who do I contact to check on the status of a claim 

For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.

 

How do I file a claim against a notary's bond? 

A bond is required by the State to be available in order to compensate any individual harmed as a result of a breach of duty by the notary. Individuals harmed can file a claim against the notaries bond for financial damage.

Claims may occur due to signatures which are forged, incomplete or otherwise defective in real estate transactions, motor vehicle transfers and cases where the validity or date of a document may be an issue.

In order to file a claim against a notary bonded through our company you will need to submit the following:

Copy of improperly notarized document
Proof of error or fraud by notary
Letter stating amount of financial damage or loss caused by the notarization
Please send the above information to:

Claims Department
Notary Public Underwriters
P.O. Box 1103
Indianapolis, IN 46206-1103

Or fax to:
877-856-1663
Attn: Claims Department

For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.

 

What happens if a notarization has cost me money? 

You may file a claim against the notary's bond.

 

What do I do if my order has not shown up on time? 

Please contact Notary Public of America.

 

When can I expect to receive my purchase? 

Generally, you can expect your purchase to arrive within 5 to 7 business days. However, please allow up to 12 business days for any carrier delays.

How do I pay for my order? 

At the moment, Notary Public of America accepts Visa, MasterCard, American Express and Discover credit cards. We also accept check and money orders by mail.

 

May I cancel or change my order? 

This will depend on how far down the process your order has gone. We try to get orders processed as soon as we can, so if your order is listed as “shipped” on your account page it is too late to edit or cancel. If you think you have made a mistake with your order, please contact customer service. We will see if there is something we can do to help.

 

Can I get a refund? 

Please contact customer service if you are not happy with your order. Once we know what the problem is, we will let you know how we can help.

 

Will you share my contact information with others? 

Absolutely not. For more information, please read our Privacy Policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

According to our records, your commission state is Michigan, but the page you are attempting to view is for Indiana notaries. If you would like to update your commission state to Indiana, please select it from the box below.