Revisor's Note: P.L.177-2019, SEC.36 provided for the version of IC 33-42-13-3 as added by P.L.128-2017, SEC.21 and as amended by P.L.177-2019, SEC.21 to be effective until July 1, 2019, and for the version of IC 33-42-13-3 as added by P.L.128-2017, SEC.21 and as amended by P.L.59-2018, SEC.58 and P.L.177-2019, SEC.22 to be effective July 1, 2019.

Note: This version of section effective until 7-1-2019. See also following version of this section, effective 7-1-2019.

Sec. 3. (a) A commission as a notary public does not allow a person to perform the following:

(1) Provide legal advice or otherwise practice law.

(2) Act as an immigration consultant or provide advice on immigration matters.

(3) Represent a person in an administrative or judicial proceeding related to citizenship or immigration.

(4) Use an initial or name, other than the initial or name under which the notary public has been commissioned, to sign an acknowledgment.

(5) At the time the notary takes the acknowledgment or administers an oath to any person the notary public knows to be:

(A) adjudicated mentally incompetent; or

(B) under a guardianship described in IC 29-3.

(6) Take an acknowledgment from any person who is blind without first reading the record to the person who is blind.

(7) Take the acknowledgment of any person who does not speak or understand the English language unless the nature and effect of the record is translated into a language the person speaks or understands.

(8) Take the acknowledgment of a record without witnessing a signature or receiving an acknowledgment from the principal that the signature is authentic.

(9) Take a verification of an affidavit or oath in the absence of an affirmation of truth by the affiant.

(10) Perform a notarial act for:

(A) oneself;

(B) one's spouse; or

(C) any party;

that may directly benefit a person described in clause (A) or (B).

(b) A notary public may not engage in false or deceptive advertising.

(c) A notary public, other than an attorney licensed to practice law in Indiana, may not use the term "notario" or "notario publico".

(d) Except as provided in subsection (g), a notary public may not advertise or represent that the notary public can draft legal documents, provide legal advice, or otherwise practice law. Any notary public who advertises notarial services shall include the following statement in each advertisement:

"I am not an attorney licensed to practice law in Indiana. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.".

(e) The disclaimer described in subsection (d) shall be translated into every language used in an advertisement.

(f) If size or space restrictions make it impossible for the disclaimer to be incorporated into an advertisement, the disclaimer described in subsection (d) shall be prominently displayed at the site of the notarial service. A display described in this subsection must be shown before the performance of a notarial act.

(g) Subsections (c) through (f) do not apply to a notary public who is licensed to practice law in Indiana.

(h) Unless otherwise permitted by law, a notary public may not withhold access to or possession of an original record provided by a person seeking the performance of a notarial act by a notary public.

(i) A notary public who violates this chapter may have the notary public's commission revoked by a judge with jurisdiction in the county in which the notary public resides or is primarily employed.

(j) The secretary of state may:

(1) investigate any violation of this chapter by a notary public; and

(2) revoke the commission of a notary public as described in section 1 of this chapter.

(k) A notary public whose commission has been revoked may not reapply for a new commission until five (5) years after the revocation.

(l) A notary public who has been convicted of notario publico deception under section 4 of this chapter may not reapply for a new commission.

(m) If the secretary of state revokes the commission of a notary public, the notary public may not reapply for a new commission for five (5) years.

(n) A notary public may not perform a notarial act when the notary public's commission is suspended or revoked.

As added by P.L.128-2017, SEC.21. Amended by P.L.177-2019, SEC.21.

Revisor's Note: P.L.177-2019, SEC.36 provided for the version of IC 33-42-13-3 as added by P.L.128-2017, SEC.21 and as amended by P.L.177-2019, SEC.21 to be effective until July 1, 2019, and for the version of IC 33-42-13-3 as added by P.L.128-2017, SEC.21 and as amended by P.L.59-2018, SEC.58 and P.L.177-2019, SEC.22 to be effective July 1, 2019.

Note: This version of section effective 7-1-2019. See also preceding version of this section, effective until 7-1-2019.

Sec. 3. (a) A commission as a notary public does not allow a person to do the following:

(1) Provide legal advice or otherwise practice law.

(2) Act as an immigration consultant or provide advice on immigration matters.

(3) Represent a person in an administrative or judicial proceeding related to citizenship or immigration.

(4) Use an initial or name, other than the initial or name under which the notary public has been commissioned, to sign an acknowledgment.

(5) Take an acknowledgment or administer an oath to any person the notary public knows at the time to be:

(A) adjudicated mentally incompetent; or

(B) under a guardianship described in IC 29-3.

(6) Take an acknowledgment from any person who is blind without first reading the record to the person who is blind.

(7) Take the acknowledgment of any person who does not speak or understand the English language unless the nature and effect of the record is translated into a language the person speaks or understands.

(8) Take the acknowledgment of a record without witnessing a signature or receiving an acknowledgment from the principal that the signature is authentic.

(9) Take a verification of an affidavit or oath in the absence of an affirmation of truth by the affiant.

(10) Perform a notarial act for:

(A) oneself;

(B) one's spouse; or

(C) any party;

that may directly benefit a person described in clause (A) or (B).

(b) A notary public may not engage in false or deceptive advertising.

(c) A notary public, other than an attorney licensed to practice law in Indiana, may not use the term "notario" or "notario publico".

(d) Except as provided in subsection (g), a notary public may not advertise or represent that the notary public can draft legal documents, provide legal advice, or otherwise practice law. Any notary public who advertises notarial services shall include the following statement in each advertisement:

"I am not an attorney licensed to practice law in Indiana. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.".

(e) The statement described in subsection (d) shall be translated into every language used in an advertisement.

(f) If size or space restrictions make it impossible for the statement to be incorporated into an advertisement, the statement described in subsection (d) shall be prominently displayed at the site where the notarial act is performed. A display described in this subsection must be shown before the performance of a notarial act.

(g) Subsections (c) through (f) do not apply to a notary public who is licensed to practice law in Indiana.

(h) Unless otherwise permitted by law, a notary public may not withhold access to or possession of an original record provided by a person seeking the performance of a notarial act by a notary public.

(i) A notary public who violates this chapter may have the notary public's commission revoked by a judge with jurisdiction in the county in which the notary public resides or is primarily employed.

(j) A notary public whose commission has been revoked may not reapply for a new commission until five (5) years after the revocation.

(k) A notary public who has been convicted of notario publico deception under section 4 of this chapter may not reapply for a new commission.

(l) If the secretary of state revokes the commission of a notary public, the notary public may not reapply for a new commission for five (5) years.

(m) A notary public may not perform a notarial act when the notary public's commission is suspended or revoked.

As added by P.L.128-2017, SEC.21. Amended by P.L.59-2018, SEC.58; P.L.177-2019, SEC.21; P.L.177-2019, SEC.22.