Note: This version of section effective until 7-1-2018. See also following repeal of this chapter, effective 7-1-2018.

Sec. 2. (a) A notary public may not do any of the following:

1. (1) Use any other name or initial in signing acknowledgments, other than that by which the notary has been commissioned.
2. (2) Acknowledge any instrument in which the notary's name appears as a party to the transaction.

3. (3) Take the acknowledgment of or administer an oath to any person whom the notary actually knows:

   1. (A) has been adjudged mentally incompetent by a court; and
   2. (B) to be under a guardianship under IC 29-3 at the time the notary takes the acknowledgment or administers the oath.
4. (4) Take the acknowledgment of any person who is blind, without first reading the instrument to the blind person.
5. (5) Take the acknowledgment of any person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does speak or understand.

6. (6) Acknowledge the execution of:

   1. (A) an affidavit, unless the affiant acknowledges the truth of the statements in the affidavit; or

   2. (B) an instrument, unless the person who executed the instrument:

      1. (i) signs the instrument before the notary; or
      2. (ii) affirms to the notary that the signature on the instrument is the person's own.
      3. (b) Except as provided in subsection (d), if a notary public violates this article, the notary's appointment may be revoked by the judge of a court with jurisdiction in the county in which the notary resides.

      4. (c) The secretary of state may:

         1. (1) investigate any possible violation of this section or of section 10 of this chapter (notario publico deception) by a notary public; and

         2. (2) under IC 4-21.5 , revoke the commission of a notary public who violates this section or section 10 of this chapter (notario publico deception).

            If the secretary of state revokes the commission of a notary public, the notary public may not reapply for a new commission for five (5) years after the revocation. If a notary public has been convicted of notario publico deception (this chapter), the notary public may not reapply for a new commission.

      5. (d) If a notary public is convicted of notario publico deception (this chapter), the judge of a court with jurisdiction in the county in which the notary resides shall permanently revoke the notary's appointment.

         [Pre-2004 Recodification Citation: 33-16-2-2.]

As added by P.L.98-2004, SEC.21. Amended by P.L.85-2007, SEC.1.