Note: This version of section effective until 7-1-2019. See also following version of this section, effective 7-1-2019.
- (1) The certificate must be completed contemporaneously with the performance of the notarial act.
- (2) The certificate must be signed and dated by the notarial officer. If the notarial officer is a notary public, the certificate must be signed in the manner on file with the secretary of state for the specific notary public.
- (3) The certificate must identify the jurisdiction in which the notarial act is performed.
- (4) The certificate must display the title of the notarial officer.
(5) If the notarial officer is a notary public, the certificate must display:
- (A) the expiration date of the notary public's commission; and
- (B) the county of the notary public's commission.
(b) A notary public who performs a notarial act shall do the following:
- (1) affix, display, or emboss the notary's official seal; and
(2) print or type the notary public's name underneath the notary public's signature on a certificate of acknowledgment, jurat, or other official record unless the name of the notary public:
- (A) appears in printed form on the record; or
(B) appears as part of the notary public's seal; and
is legible when the record is photocopied.
- (c) If a notarial act is performed on a public record by a notarial officer other than a notary public, the information described in subsection (a)(2) through (a)(4) must be affixed, displayed, or embossed upon the certificate and accompanied by an official seal.
(d) A certificate of a notarial act is sufficient if it meets the requirements described in subsections (a) and (b) and:
- (1) is in a form permitted by the laws of this state;
- (2) is in a form permitted by the laws of the jurisdiction in which the notarial act was performed; or
- (3) sets forth the actions of the notarial officer.
- (e) By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements of this chapter.
- (f) A notarial officer may not affix a signature to or associate a certificate with a record until a notarial act has been performed.
- (g) All notarized records must have a certificate attached or associated with them. The affixing, attaching, or associating of certificates to notarial acts must conform to subsections (a) through (d).
- (h) An official certificate bearing a notary public's seal constitutes presumptive evidence of the facts stated in cases, where, by law, the notary public is authorized to certify facts.
- (i) A notarial officer may subsequently correct any information included or omitted from a certificate executed by the notarial officer.
- (j) Changes or corrections may never be made to the impression of an official seal.
Sec. 12. (a) A notarial act must be authenticated by a certificate bearing the date of the notarial act and the signature of the notarial officer. A properly completed certificate must conform to the following conditions:
As added by P.L.128-2017, SEC.18.