IN Notary Notary Tools and Recordkeeping 2 — Questions and Answers
Question 1: What information must be included in an Indiana notary's official seal?
- Only the notary's name
- The notary's name, the words 'Notary Public,' 'State of Indiana,' and the commission expiration date (Correct answer)
- The notary's name and county of commission
- The notary's name and a unique identification number
Correct answer: The notary's name, the words 'Notary Public,' 'State of Indiana,' and the commission expiration date
Indiana law requires the notary seal to include the notary's name, 'Notary Public,' 'State of Indiana,' and the commission expiration date.
Under IC 33-42, an Indiana notary's official seal must contain specific elements: the notary's name exactly as it appears on the commission, the words 'Notary Public,' the words 'State of Indiana,' and the expiration date of the commission. These elements allow anyone examining the seal to identify the notary and verify that the commission was active at the time of notarization. The seal may be an embossed seal or an ink stamp.
Question 2: An Indiana notary loses their official seal. What steps must they take?
- Continue using a rubber stamp until the replacement arrives
- Immediately stop performing notarial acts, report the loss, and obtain a replacement seal (Correct answer)
- Borrow another notary's seal temporarily
- Nothing, the seal is optional in Indiana
Correct answer: Immediately stop performing notarial acts, report the loss, and obtain a replacement seal
A lost seal must be reported, and the notary must stop performing notarial acts until a replacement is obtained.
Losing a notary seal is a serious matter because the seal could be used fraudulently. The notary should immediately stop all notarial activities, as they cannot properly complete notarizations without their seal. They should notify the appropriate authorities and their bonding company, then obtain a replacement seal as quickly as possible. Using another notary's seal is never permitted, as each seal is unique to the commissioned notary.
Question 3: What is the purpose of maintaining a notarial journal in Indiana?
- To track income for tax purposes
- To create a chronological record of all notarial acts for fraud prevention and evidence (Correct answer)
- To satisfy the notary's employer requirements
- To provide a backup copy of notarized documents
Correct answer: To create a chronological record of all notarial acts for fraud prevention and evidence
The notarial journal creates a chronological record of all notarial acts performed, serving as evidence and protection against fraud claims.
The notarial journal is a vital record-keeping tool that documents every notarial act the notary performs. It serves multiple purposes: it provides evidence that proper procedures were followed, helps detect patterns of fraud, protects the notary from false claims, and creates a verifiable trail for investigators. The journal entry typically includes the date, type of act, document type, signer's name, identification method, and the notary's signature.
Question 4: Which of the following should be recorded in an Indiana notary's journal for each notarization?
- Only the signer's name and date
- The date, type of act, document description, signer's identity and ID type, and the notary fee charged (Correct answer)
- Only the document title and notary seal impression
- The signer's Social Security number and date of birth
Correct answer: The date, type of act, document description, signer's identity and ID type, and the notary fee charged
A complete journal entry includes the date, type of notarial act, description of the document, signer identification details, ID method used, and fee charged.
A thorough journal entry for each notarial act should include: the date and time of the act, the type of notarial act performed, a description of the document (title, date, number of pages), the name and address of the signer, the method used to identify the signer (personal knowledge or type of ID), the ID details (issuing authority, serial number, expiration), the fee charged, and any additional notes. Never record Social Security numbers, as this creates identity theft risk.
Question 5: Can an Indiana notary use an electronic journal instead of a paper journal?
- No, only paper journals are accepted
- Yes, Indiana permits electronic journals as long as they meet security and backup requirements (Correct answer)
- Yes, but only for Remote Online Notarizations
- No, electronic records are not considered reliable
Correct answer: Yes, Indiana permits electronic journals as long as they meet security and backup requirements
Indiana allows electronic notarial journals provided they include appropriate security measures such as tamper-evidence, backup capabilities, and access controls.
Indiana permits notaries to maintain their journals in electronic format. Electronic journals must meet certain requirements: they must be tamper-evident (any alterations must be detectable), they must be backed up regularly to prevent data loss, they must have access controls to prevent unauthorized viewing, and they must be capable of being produced in a tangible format if required. For Remote Online Notarization, electronic journals are standard practice.
Question 6: When an Indiana notary's commission ends, what must they do with their seal and journal?
- Destroy the seal; keep the journal for the required retention period (Correct answer)
- Keep both indefinitely
- Surrender both to the Secretary of State
- Destroy both immediately
Correct answer: Destroy the seal; keep the journal for the required retention period
When a commission ends, the notary should destroy or deface the seal to prevent misuse, and retain the journal for the legally required retention period.
Upon expiration, resignation, or revocation of the commission, the notary should render their seal unusable by destroying or defacing it. This prevents the seal from being used to fraudulently notarize documents. However, the journal must be retained for at least 7 years after the commission ends, as records may be needed for legal proceedings or investigations. If the notary is renewing their commission, they will receive a new seal with the new expiration date.
IN Notary Notary Tools and Recordkeeping 2
What information must be included in an Indiana notary's official seal?