INDIANA NOTARIES REJOICE ! Senate Bill 539 was signed into law by Governor Holcomb on Friday, April 21. Keep in mind this bill addresses trademarks as well as notarial actions. And no, remote notarizations were NOT included in the bill--but definitely came up in the discussions (its not going away folks, get used to it). For those who may read the entire bill, any reference to electronic documents refers to the trademark process or processes in place that are used by the SOS. Indiana's SOS does all business online.
This bill covers just about every item that was suggested or recommended by the Indiana Notary Association in conjunction with the Secretary of State in initial discussions with Senator Bray, who authored the original bill, except that it was suggested that CEUs be completed every 4 years. Short version of the big changes are:
- allows notaries to charge a maximum of $10 for certain notarial acts
- allows notaries to charge for mileage (this specifically addresses the mileage issue, before it was not listed in legislation)
- raises the bond from 5K to 25K
- requires an exam for first time notaries (I have no details yet, but will be looking)
- requires no more than 2 hours of CEU every 2 years to maintain notary commission
The bill details, as listed on the Indiana General Assembly website (https://iga.in.gov/legislative/2017/bills/senate/539#document-669f03c0) are below. For a PDF version of the bill, use the same link but choose latest version in the sidebar on the left of the page.
"Notaries public and trademarks. Provides that a person who wishes to register a trademark must file an electronic application for the registration of the trademark. Allows the governor to appoint notaries public in certain instances. Describes permitted notarial acts. Provides that notarial acts performed in another state are presumptively valid in certain instances. Provides that notarial acts performed: (1) under the authority of; and (2) within the jurisdiction of; a federally recognized tribe are presumptively valid in certain instances. Provides that notarial acts performed by foreign governments or nations are presumptively valid in certain instances. Specifies records should be notarized. Specifies how the identity of a principal may be authenticated. Specifies the components of notary seals. Requires that notary stamping devices must be secured. Prohibits the use of a stamping device by any person other than the authorized notary public. Describes how stamping devices must be disposed of when a notary public's commission ends. Describes eligibility requirements for a notary public. Requires a notary public to secure an assurance in the amount of $25,000. Specifies acts that a notary public is prohibited from taking. Prohibits a notary public from engaging in false or misleading advertising. Allows a notary public to charge not more than $10 for certain notarial acts. Allows a notary public to charge for travel expenses. Allows the secretary of state to attest to the authenticity of a signature of a public official. Prohibits the secretary of state from attesting to the signature of a public official or notary public on a document: (1) declaring allegiance to a government or jurisdiction; (2) renouncing citizenship, military status, sovereignty, or world service authority; or (3) claiming immunity from the jurisdiction or laws of the United States or any state of the United States. Makes conforming technical amendments." |
