Indiana Code 33-42-9-11. Notarial acts in foreign jurisdiction
(b) If a notarial act is performed under the authority of and in the jurisdiction of:
Terms Used In Indiana Code 33-42-9-11
- 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.
- 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.
- 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) a constituent component of a foreign state; or
(3) an international or multinational governmental organization;
the notarial act is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana.
(c) If evidence of authority and title of office appear in a digest of law or comparable listing, the authority of an officer with that title to perform notarial acts is conclusively established.
(d) The signature and official seal of an individual holding an office described in subsection (c) are prima facie evidence of the authenticity of:
(1) the signature; and
(2) the title of the office holder.
(e) An apostille in the form:
(1) prescribed by the Hague Convention of October 5, 1961; and
(2) issued by a foreign state that is a party to the convention described in subdivision (1);
establishes that the signature of the officer is genuine and that the officer holds the indicated office.
(f) A consular authentication:
(1) issued by an individual designated as a notarizing officer:
(A) by the United States Department of State; and
(B) for notarial acts performed overseas; and
(2) affixed or attached to the record associated with the execution of a notarial act;
conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.51.