Indiana Code 33-42-13-3. Prohibitions; violations
(1) Provide legal advice or otherwise practice law.
Terms Used In Indiana Code 33-42-13-3
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
- Oath: includes "affirmation" and "to swear" includes to "affirm". See Indiana Code 1-1-4-5
- Oath: A promise to tell the truth.
(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.