On July 1, 2018, new laws pertaining to Indiana notaries will take effect. The purpose of this message is to inform you of these substantial changes so that you remain in compliance with state law. The first section applies to existing notaries. The second section applies only to those who apply or re-apply for a notary commission after July 1, 2018. Please carefully review the entire contents of this message as failure to comply with the revised notary statute may expose you to liability or revocation of your notary commission.
(1) All notaries
If you possess a valid notary commission, it will be affected in the following ways as of July 1, 2018:
- Notaries can charge $10.00 per notarization. A notary may charge $10.00 per signature, including signatures within the same document. For example, a notary may charge $20.00 for authenticating a minor consent to travel, where both the mother and father’s identities were verified by the notary and in which both sign the document.
- Notaries can charge a travel fee equal to or less than the federal mileage rate. The current federal mileage rate is $0.545 per mile traveled.
- Notaries are prohibited from notarizing documents for themselves, their spouse, or any party that may directly benefit the notary or their spouse.
- Continuing education - Every two years, commissioned notaries will be required to take a short continuing education course. Continuing education courses will not be offered until July 2020.
- Change in information – A notary is required to notify the office if any of the following information changes:
- Name – if a notary changes their legal name, the notary is responsible for providing updated bond information and a new signature sample
- Mailing address
- Email address
- Phone number
- Employer’s name, address, or phone number
- Seal Requirements – While current notaries are not required to update their notary seal, we encourage all notaries to come into compliance with the new requirements in order to reduce the number of rejected filings.
- Notary seals, used to perform a notarization and often taking the form of a stamp or embosser, will now be required to display the following:
- Words: “notary public”
- Words: “State of Indiana”
- Word: “seal”
- Name of the notary public exactly as it appears on the commission certificate
- Words: “commission number” followed by the 7-digit commission number
- Words: “my commission expires” followed by the month, day and year the commission expires.
- Notary seals, used to perform a notarization and often taking the form of a stamp or embosser, will now be required to display the following:
(2) The following only affects those applying for or renewing a commission after July 1, 2018
Those applying for a notary commission for the first time or who are renewing a previous commission after July 1, 2018 must comply with the following changes:
- Education – A notary applicant will be required to take an education course from the Secretary of State’s office or an outside vendor prior to being commissioned. The course offered by the Secretary of State’s office is offered free of charge through INBiz.in.gov. The National Notary Association and Notary Law Institute also offers an Indiana specific course.
- Examination – After taking the education course, a notary applicant will be required to pass an exam before being commissioned. A notary will likely need to prepare for the exam in order to pass.
- Bond requirements:
- A copy of the notary’s bond certificate must be on file with the Secretary of State’s office. Applicants will be required to upload a copy of their bond during the online application process.
- The required bond amount is $25,000 and the bond must be valid for an eight year term.
- Freehold bonds will no longer be accepted. All notaries must obtain a surety bond conforming to the above requirements. Surety bonds are available through most insurance companies.
- Signature Sample – Notaries will be required to upload a sample of their signature as a component of the online notary application.
- Seal – Notary seals, used to perform a notarization and often taking the form of a stamp or embosser, will be required to display the following:
- Words: “notary public”
- Words: “State of Indiana”
- Word: “seal”
- Name of the notary public exactly as it appears on the commission certificate
- Words: “commission number” followed by the 7-digit commission number
- Words: “my commission expires” followed by the month, day and year the commission expires.
- Non-Resident Employees – Prior to July 1, 2018, all Indiana notaries were required to be residents of the state of Indiana. After July 1, individuals primarily employed in Indiana will qualify to serve as Indiana notaries public.
Additional details regarding these changes will be made available at INBiz.in.gov after July 2, 2018.