An acknowledgment or other notarial act made substantially in the form prescribed by section 1 of this chapter is prima facie evidence:

1. (1) that the person named in the instrument as having acknowledged or executed the instrument:

   1. (A) appeared in person before the officer taking the acknowledgment;
   2. (B) was personally known to the officer to be the person whose name was subscribed to the instrument; and
   3. (C) acknowledged that the person signed the instrument as a free and voluntary act for the uses and purposes set forth in the instrument;
2. (2) if the acknowledgment or execution is by a person in a representative or official capacity, that the person acknowledging or executing the instrument acknowledged it to be the person's free and voluntary act in such capacity or the free and voluntary act of the principal, person, or entity represented; and

3. (3) if the acknowledgment or other notarial act is by a person as an officer of a corporation, that the person was known to the officer taking the acknowledgment or performing any other notarial act to be a corporate officer and that the instrument was executed and acknowledged for and on behalf of the corporation by the corporate officer with proper authority from the corporation, as the free and voluntary act of the corporation.

   [Pre-2002 Recodification Citation: 32-2-3-2.]

As added by P.L.2-2002, SEC.6.