Section 75 IAC 7-5-1 - Remote notarial act proceduresAuthority: IC 33-42-16-2
Affected: IC 33-42-13-1; IC 33-42-17
Sec. 1.
(a) A commissioned notary public does not have the authority to perform remote notarial acts unless authorized by the secretary of state as a remote notary public.(b) A remote notary public must be physically located within the boundaries of Indiana at the time the notarial act takes place.(c) A remote notary public shall not perform a remote notarial act if the principal does not appear in real time by audio visual communication before the remote notary public.(d) The methods by which a remote notary public identifies a principal are any of the following: (1) Remote notary public personally knows the principal.(2) Principal is introduced by oath of credible witness who personally knows the principal and either is personally known to the remote notary public or provides qualifying identification in accordance with subdivision (3).(3) Principal or credible witness is identified using the identity proofing and credential analysis standard in accordance with 75 IAC 7-8-1.(e) For all notarial acts that require a notarial certificate, the remote notary public shall complete an electronic notarial certificate that meets all the requirements in IC 33-42-17-7. The notarial certificate must be signed by affixing the remote notary public's electronic signature and electronic seal. The digital certificate for the remote notarial act must be attached to render the document tamper evident.(f) The liability, sanctions, and remedies for the improper performance of remote notarial acts are the same as the disciplinary action under IC 33-42-13-1.(g) A remote notary public must keep a record of all notarial acts that complies with 75 IAC 7-6-1. In addition, the notary public must at a minimum:(1) confirm that the principal has successfully completed identity proofing and credential analysis;(2) confirm the identity of the principal through visual inspection of the credential used during credential analysis; and(3) ensure that an audio visual recording captures the notarial act performed.(h) If the principal is personally known to the remote notary public, the audio visual conference must include a statement disclosing the personal relationship.(i) The remote notary public shall not disclose any access information used to affix the notary's electronic signature and seal except when requested by the secretary of state, law enforcement, the courts, and with reasonable precautions, electronic document preparation and remote technology vendors.(j) A remote notary public must attach the notary's electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document tamper evident.Secretary of State; 75 IAC 7-5-1; filed 3/26/2020, 1:09 p.m.: 20200401-IR-075190329FRA, eff 3/31/2020, see Executive Order 20-15