Effective 7-1-2018.
(1) "Acknowledgment" means:
- (A) a principal's declaration, before a notarial officer, that a record has been signed for the purpose stated in the record; or
- (B) if the record was signed in a representative capacity, a declaration by the individual, before a notarial officer, that the individual signed the record with the proper authority and signed it as the act of the individual or entity identified in the record.
- (2) "Credential" has the meaning set forth in IC 9-13-2-39.7 .
(3) "In a representative capacity" means acting:
- (A) as an authorized agent, officer, representative, or trustee of another person;
- (B) in any capacity provided for or stated in a record;
- (C) as an agent or attorney in fact for a principal; or
- (D) in any other authorized capacity.
(4) "Notarial act" means any act that a notarial officer may perform. The term includes the following acts:
- (A) Taking an acknowledgment.
- (B) Administering an affirmation or oath.
- (C) Taking a verification on an oath or affirmation.
- (D) Attesting to or witnessing a signature.
- (E) Attesting to or certifying a copy of a document or record.
- (F) Noting a protest of a negotiable record.
- (5) "Notarial officer" means a notary public or any other individual authorized to perform a notarial act.
- (6) "Notary public" means an individual commissioned to perform a notarial act by the secretary of state.
- (7) "Official seal" means an image, affixed to or embossed upon, a record.
(8) "Person" means:
- (A) an agency;
- (B) an association;
- (C) a business trust;
- (D) a corporation;
- (E) an estate;
- (F) an individual;
- (G) an instrumentality;
- (H) a joint venture;
- (I) a limited liability company;
- (J) a partnership;
- (K) a public corporation;
- (L) a trust;
- (M) a statutory trust;
- (N) any other legal or commercial entity; or
(O) any local or state government:
- (i) agency; or
- (ii) instrumentality.
(9) "Principal" means an individual:
- (A) whose signature is notarized; and
- (B) an individual taking an oath or affirmation from a notary public.
(10) "Record" means retrievable information that is:
- (A) memorialized upon a tangible medium; or
- (B) stored electronically.
(11) "Sign" means to:
- (A) adopt or execute with a tangible symbol; or
(B) associate or attach an electronic process, sound, or symbol to a record;
with the intent to adopt or authenticate a record.
- (12) "Signature" means a tangible symbol or an electronic signature that evidences the signing of a record.
- (13) "Stamping device" means a physical device capable of affixing or embossing a record with an official seal.
- (14) "State" means any state of the United States, the District of Columbia, or any territory or possession subject to the jurisdiction of the United States.
- (15) "Verification on an oath or affirmation" means a declaration that a statement in a record is true.
Sec. 1. The following definitions apply throughout this article:
As added by P.L.128-2017, SEC.12.