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;

Terms Used In Indiana Code 33-42-9-10

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(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.