Indiana Notary Public Exam — Questions and Answers

Question 1: Under IC 33-42, what must an Indiana notary do before performing ANY notarial act?

Obtain the signer's Social Security number
Verify the identity of the person appearing before them (Correct answer)
Read the entire document aloud to the signer
Consult with an attorney about the document

Correct answer: Verify the identity of the person appearing before them

Before performing any notarial act, the Indiana notary must verify the identity of the individual appearing before them through satisfactory evidence.

Question 2: What is 'willingness' in the context of a notarial act, and why is it important?

The signer's free and voluntary decision to execute the document without compulsion (Correct answer)
The witness's willingness to testify to the signer's identity
The notary's willingness to accept a particular document for notarization
The ability of the notary to complete the act without additional documentation

Correct answer: The signer's free and voluntary decision to execute the document without compulsion

Willingness means the signer is acting voluntarily without coercion or undue pressure — it is essential because a coerced signature undermines the document's validity.

Question 3: An Indiana notary certificate reads: 'Subscribed and sworn to before me.' What type of notarial act does this language indicate?

A certified copy
A signature witnessing
An acknowledgment
A jurat (verification on oath or affirmation) (Correct answer)

Correct answer: A jurat (verification on oath or affirmation)

'Subscribed and sworn' language is the classic indicator of a jurat — the signer both signed ('subscribed') and swore an oath.

Question 4: Which state official is responsible for issuing notary commissions in Indiana?

The Indiana Secretary of State (Correct answer)
The Chief Justice of the Indiana Supreme Court
The Indiana Attorney General
The Governor of Indiana

Correct answer: The Indiana Secretary of State

The Indiana Secretary of State is responsible for processing and issuing notary public commissions.

Question 5: Where can Indiana residents typically submit their apostille requests?

The nearest U.S. federal courthouse
The Indiana Secretary of State's office, in person or by mail (Correct answer)
Their local county courthouse clerk's office
The Indiana Department of Revenue

Correct answer: The Indiana Secretary of State's office, in person or by mail

Apostille requests in Indiana are submitted to the Indiana Secretary of State's office, which can process them in person or by mail depending on the applicant's preference.

Question 6: What is the purpose of including the commission expiration date on the Indiana notary seal and certificate?

To allow anyone reviewing the document to verify that the notary's commission was current at the time of notarization (Correct answer)
To show that the notary has paid their annual registration fee
To indicate when the document itself expires
To help the Secretary of State calculate renewal fees

Correct answer: To allow anyone reviewing the document to verify that the notary's commission was current at the time of notarization

The commission expiration date on the seal and certificate allows future reviewers to confirm the notary was commissioned at the time of the act.

Question 7: Under Indiana law, which notarial act requires the signer to make a declaration under penalty of perjury?

Signature witnessing
Acknowledgment
Jurat (Correct answer)
Copy certification

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.

Question 8: An Indiana notary has personal knowledge that a signer is not the person they claim to be. The signer presents a valid-looking ID. What must the notary do?

Refuse to perform the notarial act because the notary has information suggesting the signer is not who they claim (Correct answer)
Accept the ID and note their concerns in the journal without refusing
Accept the ID at face value and proceed since the ID appears valid
Call the police before making any decision

Correct answer: Refuse to perform the notarial act because the notary has information suggesting the signer is not who they claim

A notary who has actual personal knowledge that the signer is not who they claim to be must refuse the notarial act regardless of what ID is presented.

Question 9: If an Indiana notary moves to a new county within Indiana, what must they do regarding their commission?

Notify the Secretary of State and file an address update (Correct answer)
Nothing — the commission remains valid statewide and no update is required
File a new bond in the new county of residence
Apply for a new commission in the new county

Correct answer: Notify the Secretary of State and file an address update

When an Indiana notary's address changes, they must notify the Secretary of State and file an address update, but the commission itself remains valid.

Question 10: What does it mean for a signer to execute a document 'of their own free will' in the context of Indiana notarial practice?

The signer independently chose which notary to use
The signer did not consult an attorney before signing
The signer is acting voluntarily, free from duress, coercion, undue influence, or manipulation (Correct answer)
The signer received no compensation for signing the document

Correct answer: The signer is acting voluntarily, free from duress, coercion, undue influence, or manipulation

'Own free will' means the signer is acting voluntarily without any form of improper pressure, coercion, or undue influence.

Question 11: An Indiana notary is asked to administer an oath to a deponent for a deposition. The deponent does not appear in person but calls by telephone. May the notary proceed?

No, the deponent must personally appear before the notary for an oath (Correct answer)
Yes, if the deponent identifies themselves verbally at the start of the call
No, but video conferencing would be acceptable
Yes, telephone oaths are recognized in Indiana for depositions

Correct answer: No, the deponent must personally appear before the notary for an oath

For a traditional (non-RON) notarial act, personal appearance before the notary is required. A telephone call does not constitute personal appearance.

Question 12: Who is authorized to access an Indiana notary's journal records?

The notary, and authorized officials conducting investigations or legal proceedings (Correct answer)
Only the Secretary of State
Anyone who requests access
Only the notary's employer

Correct answer: The notary, and authorized officials conducting investigations or legal proceedings

The journal is accessible to the notary and may be examined by authorized officials such as the Secretary of State or law enforcement during investigations or legal proceedings.

Question 13: An Indiana notary charges $5 for each acknowledgment. Is this compliant with Indiana law?

Yes, but only for acknowledgments — oaths cost more
Yes, $5 is within the $10 maximum fee limit (Correct answer)
No, $5 is below the required minimum fee
No, notaries must charge the full maximum of $10 per act

Correct answer: Yes, $5 is within the $10 maximum fee limit

Indiana law sets a maximum of $10 per notarial act. Charging $5 is lawful since it does not exceed the maximum.

Question 14: Which statement best describes the scope of an oath administered by an Indiana notary?

It guarantees the accuracy of the document
It binds the affiant to truthfulness under penalty of perjury (Correct answer)
It replaces the need for a written statement
It is only valid in court proceedings

Correct answer: It binds the affiant to truthfulness under penalty of perjury

An oath administered by an Indiana notary binds the person to truthfulness under penalty of perjury, whether or not a document is involved.

Question 15: 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 refuse any unfamiliar document
Yes, the notary witnesses the act of signing, not the document's content (Correct answer)
No, the notary must fully understand every 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.

Question 16: An Indiana notary's seal includes 'Marion County' in addition to the other required information. Is this problematic?

Yes, indicating a county restricts the notary's jurisdiction to that county only
Yes, because Indiana notaries have statewide jurisdiction and listing a county is misleading
No, including additional information like the county is permissible as long as all required elements are present (Correct answer)
No, but the county name must always appear on Indiana notary seals by law

Correct answer: No, including additional information like the county is permissible as long as all required elements are present

Including additional information such as the county on the seal is permissible — the requirements are a minimum, not a maximum.

Question 17: Which of the following would be a valid reason for an Indiana RON notary to terminate a notarization session in progress?

The signer speaks with an accent the notary finds difficult to understand
The signer is located in a state that has not enacted RON legislation
The document is longer than 20 pages
The audio-video connection becomes unreliable, preventing the notary from clearly seeing or hearing the signer (Correct answer)

Correct answer: The audio-video connection becomes unreliable, preventing the notary from clearly seeing or hearing the signer

An unreliable audio-video connection prevents the notary from satisfying the real-time communication requirement and is grounds for terminating the session.

Question 18: When an Indiana notary performs a remote online notarization, which piece of information are they specifically prohibited from recording in their electronic journal?

The date and time of the remote notarization.
The title or a description of the electronic record.
The fee charged for the notarial act.
The identification number from the signer's driver's license. (Correct answer)

Correct answer: The identification number from the signer's driver's license.

Indiana law prohibits a remote notary from recording certain personal numbers in the electronic journal, including an identification number assigned by a governmental agency, such as a driver's license number, or any other number that could be used to identify the principal.

Question 19: An Indiana notary knowingly violates notarial law by failing to require the personal appearance of a signer. Although this action is discovered, it does not result in any demonstrable financial loss to any party. Which of the following is a potential consequence for the notary?

No consequence, because no financial harm occurred.
A mandatory payout from the surety bond to the state treasury.
Suspension or revocation of their notary commission by the Secretary of State. (Correct answer)
A required increase in their surety bond amount.

Correct answer: Suspension or revocation of their notary commission by the Secretary of State.

A notary's liability is not solely financial. The Secretary of State has the authority to discipline notaries for misconduct, which includes knowingly violating the law. Such actions can lead to the suspension or revocation of the notary's commission, even if no party suffered a monetary loss. The surety bond is for compensating financial damages, not for paying disciplinary penalties.

Question 20: When attaching a loose certificate to a document, what should the Indiana notary include to link the certificate to the document?

Just their signature and seal
A copy of the signer's ID
A description of the document including title, date, number of pages, and signer's name (Correct answer)
Nothing additional is needed

Correct answer: A description of the document including title, date, number of pages, and signer's name

A loose certificate should include identifying information about the document to prevent the certificate from being attached to a different document.

Question 21: An Indiana notary notices that a document appears to have been altered after it was originally signed. What is the proper course of action?

Contact law enforcement immediately
Notarize it anyway since the signer is present
Refuse to notarize and suggest the signer obtain a clean copy (Correct answer)
Note the alterations in the notarial certificate

Correct answer: Refuse to notarize and suggest the signer obtain a clean copy

If a document shows signs of alteration, the notary should refuse to notarize it and recommend the signer obtain an unaltered copy.

Question 22: When performing a jurat in Indiana, what must the notary ensure?

The signer has had the document reviewed by an attorney
The document is notarized within 30 days of signing
The signer personally appears and signs in the notary's presence (Correct answer)
The signer provides two forms of identification

Correct answer: The signer personally appears and signs in the notary's presence

A jurat requires that the signer personally appear before the notary and sign the document in the notary's presence.

Question 23: How does an apostille differ from full diplomatic authentication (legalization) for a document?

An apostille is a simplified single-certificate process for Hague member countries; legalization involves multiple government steps for non-members (Correct answer)
An apostille is only valid for one year; legalization is permanent
An apostille requires translation; legalization does not
An apostille is issued by the notary; legalization is issued by the state

Correct answer: An apostille is a simplified single-certificate process for Hague member countries; legalization involves multiple government steps for non-members

An apostille is the streamlined Hague Convention certificate accepted between member countries, while full legalization is a multi-step chain of certifications required for non-member countries.

Question 24: Can an Indiana notary certify that a translation they personally made is a true and accurate translation of an original document?

No, a notary may only certify facts about signatures and acts, not the quality of a translation they made
Yes, if the notary is fluent in both languages and personally made the translation (Correct answer)
Yes, but only for documents translated from Spanish to English
No, all translations must be certified by a court-approved translator

Correct answer: Yes, if the notary is fluent in both languages and personally made the translation

An Indiana notary may certify a translation they personally made if they are competent in both languages — this is a certification of their own work, not a traditional notarial act.

Question 25: What could happen to an Indiana notary who knowingly notarizes a fraudulent document?

A small fine only
Criminal prosecution and revocation of the notary commission (Correct answer)
A verbal warning from the Secretary of State
Nothing, if the notary was not the one who created the fraud

Correct answer: Criminal prosecution and revocation of the notary commission

Knowingly participating in fraud can result in criminal charges and permanent revocation of the notary's commission.

Question 26: An Indiana notary is sued by a client claiming the notary's error caused them to lose a real estate deal worth $50,000. The notary's E&O insurance has a $100,000 limit. What protection does the E&O policy provide?

The E&O policy pays the client directly from the surety bond
The E&O insurer will defend the notary in court and pay any covered judgment up to $100,000 (Correct answer)
The E&O policy replaces the need for a surety bond in this situation
The E&O policy only covers the notary's legal fees, not any judgment

Correct answer: The E&O insurer will defend the notary in court and pay any covered judgment up to $100,000

E&O insurance provides legal defense for the notary and pays covered judgments or settlements up to the policy limit.

Question 27: If an Indiana notary's journal is lost or stolen, what action should they take?

Notify the Indiana Secretary of State promptly about the loss
Wait 30 days to see if it turns up before taking any action
Notify local law enforcement and the Indiana Secretary of State promptly (Correct answer)
Simply start a new journal — no notification is required

Correct answer: Notify local law enforcement and the Indiana Secretary of State promptly

A notary whose journal is lost or stolen should promptly notify both local law enforcement and the Indiana Secretary of State.

Question 28: Under Indiana law, what makes an electronic signature legally binding in the context of electronic notarization?

An electronic signature is only binding if printed and physically signed afterward
Only electronic signatures from state-approved vendors are legally binding
Electronic signatures require special court approval to be enforceable
Indiana's electronic signature laws (based on UETA) give electronic signatures the same legal effect as handwritten signatures (Correct answer)

Correct answer: Indiana's electronic signature laws (based on UETA) give electronic signatures the same legal effect as handwritten signatures

Indiana has adopted the Uniform Electronic Transactions Act (UETA), which gives electronic signatures the same legal force as handwritten signatures.

Question 29: Which of the following is NOT required to be recorded in an Indiana notarial journal entry?

The method of identification used to verify the signer's identity
The date and time of the notarial act
The signer's full residential address (Correct answer)
The type of notarial act performed

Correct answer: The signer's full residential address

While the signer's name and some contact information may be recorded, a full residential address is not specifically required in Indiana's journal entry statute.

Question 30: 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
Certify only if the original is presented
Refuse because vital records cannot be copy-certified by notaries (Correct answer)
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.

Question 31: What should an Indiana notary do if asked to provide immigration advice or fill out immigration forms?

Fill out the forms but do not sign them
Help the person since they are performing a public service
Decline and refer the person to a licensed immigration attorney (Correct answer)
Provide advice only if they speak the person's language

Correct answer: Decline and refer the person to a licensed immigration attorney

Providing immigration advice or filling out immigration forms constitutes unauthorized practice of law unless the notary is also a licensed attorney.

Question 32: A signer presents a document to an Indiana notary but is unsure what type of notarial act is needed. The document does not contain a notarial certificate. What is the appropriate action for the notary to take?

Choose the notarial certificate they believe is most appropriate for the document.
Refuse to notarize the document since it is incomplete.
Advise the signer to seek legal advice and return with the completed certificate.
Show the signer the different types of notarial certificates and allow them to choose. (Correct answer)

Correct answer: Show the signer the different types of notarial certificates and allow them to choose.

While a notary cannot choose the notarial act or provide legal advice, they can present the different types of notarial certificates to the signer and let the signer choose the one they feel is correct for their document.

Question 33: Is it appropriate for an Indiana notary public to notarize documents for a close family member?

Yes, as long as the notary verifies their identity
Yes, as long as the notary is not named in the document
No, because of the potential conflict of interest (Correct answer)
Yes, if the family member offers no compensation for the service

Correct answer: No, because of the potential conflict of interest

An Indiana notary public should not notarize documents for close family members due to the potential for a conflict of interest. The notary's role requires absolute impartiality, and notarizing for family can create the appearance of bias, even if the notary believes they can be objective. To maintain the integrity of the notarization and avoid ethical breaches, it is best practice to decline such requests.

Question 34: An Indiana notary discovers after completing a notarization that they made an error in the notarial certificate. What is the correct procedure?

Use white-out to correct the error
Do nothing since the notarization is already complete
Void the entire document and start over
Draw a single line through the error, initial and date the correction (Correct answer)

Correct answer: Draw a single line through the error, initial and date the correction

The proper method to correct a notarial certificate error is to draw a single line through the mistake, then initial and date the correction.

Indiana Notary Public Exam

The Indiana Notary Public Exam tests applicants on Indiana notary laws, proper notarial acts, recordkeeping, and ethical responsibilities required to become a commissioned notary in the state of Indiana.

Questions

60 min

Time Limit

80%

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