IN Notary Authorized Acts 2 — Questions and Answers
Question 1: Under Indiana law, which notarial act requires the signer to make a declaration under penalty of perjury?
- Acknowledgment
- Jurat (Correct answer)
- Copy certification
- Signature witnessing
Correct answer: Jurat
A jurat (or verification on oath or affirmation) requires the signer to swear or affirm under penalty of perjury that the document's contents are true.
Under IC 33-42, a jurat is the notarial act where the individual appears before the notary, signs the document, and takes an oath or affirmation that the statements in the document are true. Unlike an acknowledgment, where the signer only confirms they signed voluntarily, a jurat carries the weight of a perjury penalty if the contents are false.
Question 2: An Indiana notary is asked to certify a copy of a birth certificate issued by the Indiana State Department of Health. What should the notary do?
- Certify the copy as requested
- Refuse because vital records cannot be copy-certified by notaries (Correct answer)
- Certify only if the original is presented
- Charge a higher fee for vital record certification
Correct answer: Refuse because vital records cannot be copy-certified by notaries
Indiana notaries are generally prohibited from certifying copies of vital records (birth, death, marriage certificates) as these are issued only by the custodial government agency.
Notaries in Indiana cannot certify copies of documents that are recorded in a government office or vital statistics records. Birth certificates, death certificates, and marriage certificates are issued exclusively by the appropriate government agency. Certifying copies of these documents could be used to create fraudulent identification, which is why this restriction exists.
Question 3: Which of the following is an authorized notarial act in Indiana?
- Providing legal advice about a document
- Administering an oath or affirmation (Correct answer)
- Determining the legal sufficiency of a document
- Translating a document from another language
Correct answer: Administering an oath or affirmation
Administering oaths and affirmations is one of the core notarial acts authorized under Indiana law (IC 33-42).
Under IC 33-42-2, Indiana notaries are authorized to perform several specific acts: taking acknowledgments, administering oaths and affirmations, taking verifications on oath or affirmation (jurats), witnessing or attesting signatures, and certifying copies of documents not recordable in a public office. Providing legal advice, determining legal sufficiency, and translating documents are NOT notarial acts and could constitute unauthorized practice of law.
Question 4: When performing an acknowledgment in Indiana, what must the notary verify?
- That the document contents are true
- That the signer appeared voluntarily and acknowledged signing the document (Correct answer)
- That the document is legally valid
- That all parties to the transaction are present
Correct answer: That the signer appeared voluntarily and acknowledged signing the document
For an acknowledgment, the notary verifies that the signer appeared voluntarily and acknowledged they signed the document of their own free will.
An acknowledgment is a notarial act in which the individual appearing before the notary declares that they signed the document voluntarily for its intended purpose. The notary does NOT verify the truthfulness of the document's contents (that is a jurat's function), does not assess legal validity, and does not need all parties present. The notary must positively identify the signer and confirm the signing was voluntary.
Question 5: Can an Indiana notary witness or attest a signature on a document even if the notary does not understand the document's purpose?
- No, the notary must fully understand every document
- Yes, the notary witnesses the act of signing, not the document's content (Correct answer)
- No, the notary must refuse any unfamiliar document
- Yes, but only if an attorney is also present
Correct answer: Yes, the notary witnesses the act of signing, not the document's content
A notary witnessing a signature is attesting to the identity of the signer and the act of signing, not to the document's content or purpose.
When performing a signature witnessing, the notary's role is limited to verifying the signer's identity and observing the act of signing. The notary is not certifying the truth, accuracy, or legal sufficiency of the document itself. While a notary should refuse to notarize if they suspect fraud, they are not required to understand or approve of the document's purpose to witness a signature.
Question 6: Under Indiana law, which act is a notary specifically NOT authorized to perform?
- Taking a verification on oath or affirmation
- Certifying a copy of a non-recordable document
- Giving advice on which type of notarization is needed (Correct answer)
- Witnessing a signature
Correct answer: Giving advice on which type of notarization is needed
Indiana notaries are not authorized to advise customers on which type of notarization their document requires, as this could constitute unauthorized practice of law.
While notaries can perform acknowledgments, jurats, oaths, signature witnessing, and copy certifications, they cannot advise the signer on which notarial act to use. Telling a customer whether they need an acknowledgment versus a jurat is considered legal advice. The document or the sending agency should specify the required notarization type. If no type is specified, the notary should suggest the signer consult with an attorney.
IN Notary Authorized Acts 2
Under Indiana law, which notarial act requires the signer to make a declaration under penalty of perjury?