IN Notary Public Duties and Responsibilities 2 — Questions and Answers
Question 1: What is the term length of an Indiana notary public commission?
- 4 years
- 6 years
- 8 years (Correct answer)
- 10 years
Correct answer: 8 years
Indiana notary public commissions are granted for a term of 8 years, one of the longest commission terms in the United States.
Under IC 33-42, Indiana notary commissions last 8 years from the date of issuance. This is significantly longer than most states, which typically grant 4-year terms. The longer term reduces the administrative burden of frequent renewals but places greater responsibility on the notary to maintain their knowledge, keep their bond active, and stay current with any changes to notary law throughout the commission period.
Question 2: Who appoints Indiana notary publics?
- The Governor (Correct answer)
- The Indiana Secretary of State
- The county clerk
- The state legislature
Correct answer: The Governor
The Governor of Indiana appoints notary publics, though applications are processed through the Secretary of State's office.
Under Indiana law, the Governor formally appoints and commissions notary publics. The Indiana Secretary of State's office handles the application process, including receiving applications, processing bonds, and maintaining records. While the day-to-day administration is managed by the Secretary of State, the appointment authority rests with the Governor. This is consistent with the notary's status as a state-appointed public official.
Question 3: What are the basic qualifications to become a notary public in Indiana?
- Must be 21 years old and a college graduate
- Must be at least 18 years old, a legal resident of Indiana, and able to read and write English (Correct answer)
- Must be 25 years old with 5 years of legal experience
- Must be a U.S. citizen with no criminal record
Correct answer: Must be at least 18 years old, a legal resident of Indiana, and able to read and write English
Indiana requires notary applicants to be at least 18 years old, legal residents of Indiana, and able to read and write English.
Indiana's notary qualifications are straightforward: the applicant must be at least 18 years of age, be a legal resident of Indiana (or regularly work in Indiana), and be able to read and write English. There is no requirement for a college degree, legal experience, or U.S. citizenship. The applicant must also not have been convicted of a felony (unless civil rights have been restored) and must obtain the required surety bond.
Question 4: What is the maximum fee an Indiana notary may charge for performing a notarial act?
- $5 per act
- $10 per act (Correct answer)
- $25 per act
- There is no statutory maximum
Correct answer: $10 per act
Indiana law sets the maximum notary fee at $10 per notarial act performed.
Under IC 33-42-8, Indiana notaries may charge up to $10 for each notarial act performed. This is the maximum; notaries may charge less or provide services for free. The fee covers the notarial act itself — verification of identity, witnessing, and certificate completion. Travel fees, if applicable, are separate from the notarial fee and are not subject to the same statutory cap. Employers who provide notary services to customers often do not charge a separate fee.
Question 5: Can an Indiana notary commission be revoked? If so, by whom?
- No, once granted it cannot be revoked
- Yes, by the Secretary of State for cause including misconduct or violation of notary law (Correct answer)
- Yes, but only by a court of law
- Yes, by the Governor only
Correct answer: Yes, by the Secretary of State for cause including misconduct or violation of notary law
The Indiana Secretary of State has the authority to revoke or suspend a notary commission for misconduct, fraud, or violations of notary law.
The Indiana Secretary of State has statutory authority to investigate complaints against notaries and to revoke or suspend commissions for cause. Grounds for revocation include: performing notarial acts without authority, fraud or deception, failure to maintain a surety bond, conviction of a felony, failure to comply with notary laws, and habitual neglect of notarial duties. The notary is typically given notice and an opportunity to respond before a commission is revoked.
Question 6: What geographic limitation applies to an Indiana notary performing notarial acts?
- They can only act in their county of residence
- They can act anywhere within the state of Indiana (Correct answer)
- They can act in Indiana and any bordering state
- They can only act within 50 miles of their office
Correct answer: They can act anywhere within the state of Indiana
Indiana notary commissions authorize the notary to perform notarial acts anywhere within the geographic boundaries of the state of Indiana.
An Indiana notary commission grants authority to perform notarial acts throughout the entire state of Indiana. There are no county-based or distance-based restrictions. The notary can perform acts in any of Indiana's 92 counties, whether it is their county of residence, county of employment, or any other county. However, the commission does NOT extend beyond Indiana's borders. Performing notarial acts in another state requires a commission from that state (unless using Remote Online Notarization under applicable laws).
IN Notary Public Duties and Responsibilities 2
What is the term length of an Indiana notary public commission?