Indiana Cleans Up Old Notary Public Laws

notary public

Out With the Old …

Indiana State legislators have recognized that the current state notary public laws are outdated, and have taken measures to improve regulations for notaries.

Indiana currently has over 90,000 certified notaries. A Notary Public is a public officer of the state who is authorized by law to certify documents, take affidavits and administer oaths.

The Governor signed new legislation, Title 33, Article 42 (IC 33-42), that will take effect July 1, 2018.

In With the New …

The new laws include:

  • Increase in maximum fees
  • Increase in notary public bond amount from $5,000 to $25,000.  The bond protects the public against any financial loss due to improper conduct. The average settlement against a notary public is $18,000.
  • Education requirement to receive or renew commission. Currently, applicants take a short test, where unlimited guesses are allowed. The new law expands the test, and notaries are required to take an educational course every two years during their commission.
  • Mileage fees may be charged for mobile notaries. Current law only allows notaries to charge a $2 fee, and notaries can often spend more than that in gas. The new law allows notaries to charge travel expenses at the federal mileage rate, plus up to $10 for notary services.
  • Proof of a bond. Currently, notaries don’t have to give proof of being bonded. They just have to say they have a bond.
  • Do not have to be an Indiana resident. Current laws state that only Indiana residents can be an Indiana notary public. This can be an issue for those who live near the border in a neighboring state, but work in Indiana. The new law allows those who live in another state, but are employed in Indiana, to become a notary.

Grandfathering

Notary commissions are issued for eight years.  Notaries will be grandfathered in during their current commission. Once that commission expires and needs to be renewed, then new adjustments will need to be made.

The Secretary of State’s office has an online Notary system for applicants to submit new applications, renewals, and update information. It also includes a training module for new applicants, which also serves as a refresher for current notaries.

More information is available at the Indiana Notary Public Guide.

If you’re a notary public for Indiana, SuretyGroup.com can help you get the surety bond you need for compliance. Call us today and we’ll give you a free, no-obligation quote, low rates and fast service. You can speak with a Surety Bond Specialist at 1‑844‑432‑6637, email info@suretygroup.com, or apply online.

 

 

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