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Remote Notary – Why You Might Want to Hold Off

Thinking of becoming an Indiana Remote Notary. Depending on what documents you plan to notarize, you might want to hold off.

A one-word change to a statute has had an unintended effect. The change intended to clarify that a document must be signed and notarized to be recordable. However, the change to the statute, which went into effect July 1, 2020, requires that a document be signed and witnessed to be recordable. Additionally, the statute requires a notarization of the signing party’s signature and a proof of the witness’s signature. While traditional in-person Indiana notaries may perform a proof, in its current form, the Indiana Remote Notary statute does not authorize an Indiana Remote Notary to perform a proof.

In addition, due to a wordsmithing problem, the current Indiana Remote Notary statute does not recognize a remote notarial act performed by an out-of-state remote notary.

At this time, Indiana Remote Notaries cannot notarize documents to be recorded in the State of Indiana and out-of-state remote notaries cannot notarize documents for Indiana transactions.

The Indiana Sectary of State and legislature are addressing these issues, but chances are that any change will probably not take effect until January 2021.