How To Become A Notary In Indiana

Becoming a notary public in Indiana offers an opportunity to serve your community, enhance your professional skills, and even generate additional income. This guide provides a step-by-step explanation of the process, requirements, and ongoing responsibilities associated with becoming a commissioned Indiana notary.

Here’s a breakdown of the steps involved:

1. Meet the Basic Eligibility Requirements.
2. Complete the Mandatory Education.
3. Pass the State-Administered Examination.
4. Obtain a Surety Bond.
5. Purchase a Notary Seal and Journal.
6. Submit Your Application and Required Documents.
7. Take the Oath of Office.
8. Receive Your Commission and Begin Notarizing.
9. Maintain Your Notary Commission.

Let’s delve into each of these steps in more detail.

1. Meeting the Basic Eligibility Requirements

Before embarking on the journey to becoming an Indiana notary public, you must first confirm that you meet the minimum eligibility criteria set forth by the Indiana Secretary of State. These requirements are in place to ensure that notaries are responsible, trustworthy, and capable of fulfilling their duties.

• Age: You must be at least 18 years of age.
• Residency or Employment: You must reside in Indiana or maintain a regular place of employment or practice in Indiana. If you are not a resident, you must designate the county in Indiana where your principal place of business or practice is located.
• Literacy: You must be able to read and write English.
• Criminal Record: You cannot have been convicted of any felony or any crime involving dishonesty or moral turpitude, unless you have had your civil rights restored.
• Other Restrictions: You cannot be disqualified under IC 33-42-2-1 (grounds for denial, revocation, or suspension of a commission).

2. Completing the Mandatory Education

Indiana law requires all first-time notary applicants to complete a mandatory education course from a state-approved provider. This education is designed to equip you with the fundamental knowledge of Indiana notary law, ethical practices, and proper notarization procedures.

• Approved Providers: The Indiana Secretary of State maintains a list of approved education providers on its website. Choosing a provider from this list ensures that the course content meets the state’s requirements.
• Course Content: The education typically covers topics such as:
  • Indiana Notary Law (IC 33-42)
  • Proper identification procedures
  • Notarial acts (acknowledgments, oaths, affirmations, etc.)
  • Record-keeping requirements
  • Ethical obligations
• Certificate of Completion: Upon successfully completing the education course, you will receive a certificate of completion. This certificate is a crucial document that you will need to submit with your application.

3. Passing the State-Administered Examination

After completing the required education, you must pass a state-administered examination to demonstrate your understanding of Indiana notary law and procedures.

• Exam Registration: You will typically register for the exam through the same provider that offered your notary education course.
• Exam Format: The exam is generally a multiple-choice test covering the material presented in the education course.
• Passing Score: You must achieve a passing score on the exam to be eligible for a notary commission. The specific passing score is determined by the Secretary of State.
• Retaking the Exam: If you do not pass the exam on your first attempt, you will likely be allowed to retake it. Check with your education provider for their specific policies regarding retakes.

4. Obtaining a Surety Bond

Indiana law requires all notaries public to obtain a surety bond to protect the public from any financial losses resulting from negligent or wrongful acts performed by the notary.

• Bond Amount: The required bond amount in Indiana is $25,000.
• Bond Term: The bond must be for a term that coincides with your notary commission (typically four years).
• Bond Company: You must obtain your surety bond from a surety company authorized to do business in Indiana. Many insurance agencies offer notary surety bonds.
• Cost of the Bond: While the bond amount is $25,000, the actual cost of the bond (the premium) is typically a small percentage of that amount and depends on your creditworthiness.

5. Purchasing a Notary Seal and Journal

A notary seal and journal are essential tools for performing notarial acts.

• Notary Seal: The notary seal is a stamp or embosser that contains your name, the words “Notary Public,” and “State of Indiana.” The seal is used to authenticate your notarial acts.
• Notary Journal: The notary journal is a record book in which you document all notarial acts you perform. Maintaining a detailed journal is crucial for legal and ethical reasons. While not explicitly mandated by Indiana statute, maintaining a journal is considered a best practice and is highly recommended by the Indiana Secretary of State.
• Vendors: You can purchase notary seals and journals from various vendors specializing in notary supplies. Make sure the vendor complies with Indiana regulations.

6. Submitting Your Application and Required Documents

Once you have completed the education, passed the exam, obtained your surety bond, and purchased your seal and journal (optional but recommended), you can submit your application to the Indiana Secretary of State.

• Application Form: You can find the application form on the Indiana Secretary of State’s website.
• Required Documents: Along with the application form, you will typically need to submit the following documents:
  • Certificate of completion from your notary education course.
  • Proof of passing the state-administered examination.
  • Original surety bond.
• Application Fee: There is a fee associated with the notary application. The current fee can be found on the Secretary of State’s website.
• Submission Method: Follow the instructions on the application form for submitting your application and supporting documents. Submissions are typically done online.

7. Taking the Oath of Office

After your application is approved, you will be required to take an oath of office. This oath is a formal promise to uphold the duties and responsibilities of a notary public according to Indiana law.

• Administering the Oath: The oath is typically administered by a county clerk or another authorized official.
• Scheduling the Oath: You will receive instructions from the Secretary of State on how to schedule your oath-taking appointment.
• Post-Oath Filing: Following the oath ceremony, the official administering the oath will typically file the necessary documentation with the Secretary of State.

8. Receiving Your Commission and Begin Notarizing

Once you have taken the oath of office, you will receive your notary commission from the Indiana Secretary of State. This commission officially authorizes you to perform notarial acts in the state of Indiana.

• Commission Certificate: You will receive a certificate of commission, which serves as proof of your authority as a notary public.
• Effective Date: Your commission will have an effective date and an expiration date.
• Notarizing: Once you receive your commission and ensure the official record is with the Secretary of State, you can begin performing notarial acts, ensuring you adhere to all applicable laws and regulations.

9. Maintaining Your Notary Commission

Your responsibility as a notary public doesn’t end once you receive your commission. You must actively maintain your commission and stay informed about any changes in notary law.

• Record Keeping: Maintain accurate and complete records of all notarial acts in your notary journal (recommended).
• Continuing Education: While not currently required in Indiana, staying updated on best practices and any legal updates is highly recommended.
• Renewal: To renew your notary commission, you will need to repeat the application process, including completing the education, passing the exam, obtaining a surety bond, and taking the oath of office. Start the renewal process well in advance of your commission’s expiration date.
• Change of Address: If you change your residence or business address, you must notify the Indiana Secretary of State promptly.

Cost Breakdown: Becoming an Indiana Notary

The cost of becoming a notary public in Indiana can vary depending on the provider you choose for your education and the cost of your surety bond. Here’s an estimated breakdown:

Note: These are estimates, and actual costs may vary. Always check with the Indiana Secretary of State and your chosen providers for the most up-to-date pricing.

Pro Tips for Indiana Notaries

• Stay Informed: Subscribe to updates from the Indiana Secretary of State’s office to stay informed about changes in notary law and best practices.
• Verify Identification Carefully: Always carefully verify the identity of the person signing the document using acceptable forms of identification.
• Understand the Document: While you don’t need to be a legal expert, familiarize yourself with the type of document you are notarizing. If you are unsure about the document’s legality, advise the signer to seek legal counsel.
• Never Notarize Your Own Signature: It is unethical and illegal to notarize your own signature.
• Seek Legal Advice When Necessary: If you encounter a complex or unusual situation, don’t hesitate to seek legal advice from an attorney.
• Protect Your Seal and Journal: Keep your notary seal and journal in a secure location to prevent unauthorized use.

By following these steps and adhering to the pro tips, you can successfully become a commissioned notary public in Indiana and provide valuable services to your community. Remember to always act with integrity, diligence, and a commitment to upholding the law.

Frequently Asked Questions

How much does it cost to become a notary in Indiana?

The estimated cost to become a notary in Indiana ranges from $230 to $405 or more, including education, exam, surety bond, seal, journal, and application fees. Costs vary, so check with providers and the Secretary of State for current pricing.

How long does it take to become a notary public in Indiana?

The time to become a notary in Indiana varies, but typically takes 4-8 weeks. This includes completing the mandatory education, passing the exam, obtaining a surety bond, submitting the application, and taking the oath of office.

How difficult is the Indiana notary exam?

The Indiana notary exam is generally considered manageable with proper preparation. The mandatory education course covers the material tested, so studying diligently and reviewing Indiana notary law will increase your chances of passing.

Is continuing education required for Indiana notaries?

Currently, Indiana does not mandate continuing education for notaries public. However, staying updated on best practices and changes in notary law is highly recommended to maintain competence and avoid legal issues.