Sec. 10. (a) A notarial act performed under federal law shall be presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act performed under federal law is performed by:
(1) a judge, clerk, or deputy clerk of a court;
(2) an individual who is authorized to perform the notarial act under federal law and is:
(A) presently serving in the armed forces of the United States; or
(B) performing duties under the authority of the armed forces of the United States;
(3) an individual designated as a notarial officer by the United States Department of State for the purpose of performing notarial acts overseas;
(4) a commissioned officer with the rank of:
(A) second lieutenant or higher in the active service of the:
(i) United States Army;
(ii) United States Marine Corps; or
(iii) United States Air Force; or
(B) ensign or higher in the active service of the:
(i) United States Coast Guard; or
(ii) United States Navy; or
(5) any other individual authorized by federal law to perform the notarial act.
(b) The signature and title of an individual acting under federal authority while performing a notarial act are prima facie evidence of the fact that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) The signature and title of a notarial officer described in subsection (a)(1), (a)(2), or (a)(3) conclusively establish the authority of the notarial officer to perform the notarial act.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.50; P.L.215-2018(ss), SEC.14.
Structure Indiana Code
Title 33. Courts and Court Officers
33-42-9-1. Notary Public Appointments; Notarial Acts
33-42-9-2. Determination of Identity of Signatory; Authenticity of Copy
33-42-9-3. Personal Appearance
33-42-9-4. Authentication of Individual's Identity
33-42-9-5. Refusal to Perform Notarial Act
33-42-9-6. Appointed or Designated Signatory
33-42-9-7. Performance of Notarial Act; Evidence of Authenticity
33-42-9-8. Notarial Acts in Another State
33-42-9-9. Notarial Acts in Federally Recognized Indian Tribe Jurisdiction
33-42-9-10. Notarial Acts Under Federal Law
33-42-9-11. Notarial Acts in Foreign Jurisdiction
33-42-9-12. Authentication by Certificate; Requirements; Changes