Is Remote Online Notarization Legal in Indiana? (2025)

In the digital age, the need for more flexible and accessible services has led to the rise of remote online notarization (RON).

If you’re wondering whether remote notarization is legal in Indiana, the answer is yes. This article explores the legal framework, requirements, and benefits of remote notarization in Indiana, providing a comprehensive overview for those interested in utilizing or becoming a remote notary in the state.

Legal Framework for Remote Notarization in Indiana

Remote notarization in Indiana is legal and regulated, allowing notaries to perform notarial acts via two-way audio/video communication. However, it must be performed by an Indiana notary public who is authorized to perform remote notarial acts. Here are the key elements of the legal framework:

• Authorization: Indiana law authorizes notaries to perform remote online notarizations after completing an application process, a remote notary education course, and passing an exam.
• Physical Location Requirement: The remote notary public must be physically present in Indiana when performing any remote notarial act.
• Principal’s Location: The principal (the person whose signature is being notarized) can be located anywhere, either within or outside the United States.
• Approved Technology: The remote notarial session must be conducted through a remote technology vendor approved by the state of Indiana.

Requirements for Performing Remote Notarizations in Indiana

To perform remote notarizations in Indiana, notaries must meet specific requirements. These include:

• Current Notary Commission: The notary must hold a valid notary public commission in Indiana.
• Application for Remote Notarization: Notaries must apply and be approved by the Indiana Secretary of State to perform remote notarizations.
• Completion of Training: Notaries must complete a state-approved remote notary education course that covers the procedures and legal requirements for remote notarization.
• Passing an Exam: Notaries must pass a state-approved exam to demonstrate their knowledge of remote notarization procedures.
• Technology Platform: Notaries must use a state-approved remote notarization platform that provides secure audio-visual communication, identity verification, and record-keeping.
• Identity Verification: Implement robust identity verification methods, such as multi-factor authentication and credential analysis, to confirm the signer’s identity.
• Record-Keeping: Maintain an electronic journal of all remote notarizations, including details such as the date, time, and type of document notarized, as well as the signer’s information.

Identity Verification Process

If the principal is not personally known by the remote notary public, the principal must complete an identity verification process, which includes:

• Presentation of ID: The principal must present a state-issued driver’s license or identity card, a U.S. passport, a U.S. military identification card, or an identity card issued by a federally recognized Indiana tribe. These documents must be current or not expired for more than three years.
• Credential Analysis: The system’s camera takes pictures of the front and back of the identification. The system analyzes these images to determine if the identification is fraudulent or inappropriately modified.
• Knowledge-Based Authentication (KBA): The principal must complete a KBA assessment, which consists of five questions based on the principal’s life and transaction history. The principal must correctly answer at least four out of five questions within two minutes.

The Remote Notary Process in Indiana

Here’s a step-by-step overview of how remote notarization works in Indiana:

• Step 1: Document Preparation: Before the remote notary session, the document(s) to be notarized are provided to the remote notary public and uploaded to the remote technology vendor’s platform. An invitation is sent to the principal with links to the document(s), allowing the principal to review them prior to the session.
• Step 2: Identity Verification: The principal receives the invitation and completes the identity verification process.
• Step 3: Notary Session: The remote notary public joins the session after receiving notification that the principal has completed identity verification.
• Step 4: Consent and Recording: The remote notary public advises the principal that the session is being recorded and obtains the principal’s consent to continue.
• Step 5: Notarial Act: The remote notary public confirms the identity of the principal, ensures that the principal is aware of what is being signed, and confirms that the principal is signing freely and voluntarily. All blanks in the document(s) are filled in by the principal.
• Step 6: Signature and Seal: The principal affixes their electronic signature to the document(s). The remote notary public then completes and/or adds an electronic notarial certificate and affixes a remote notary seal.
• Step 7: Completion: The session ends, and both the remote notary public and the principal have access to the completed, notarized documents.

Benefits of Remote Notarization in Indiana

Remote notarization offers several benefits for both notaries and clients in Indiana:

• Convenience: Allows notarizations to be conducted from any location with internet access, eliminating the need for in-person meetings and saving time.
• Accessibility: Provides greater access to notary services for individuals in remote or rural areas, as well as those with mobility issues.
• Efficiency: Speeds up the notarization process, reducing turnaround times for document handling and execution.
• Security: Enhances the security of notarizations through advanced digital tools and verification methods, ensuring the integrity of the process.
• Flexibility: Offers flexible scheduling options for both notaries and signers, accommodating various needs and timelines.

Challenges and Considerations

While remote notarization offers many benefits, there are also challenges and considerations to keep in mind:

• Technological Requirements: Both the notary and the signer must have access to reliable technology, including a computer with a webcam, microphone, and secure internet connection.
• Regulatory Compliance: Notaries must stay informed about Indiana’s specific regulations and compliance requirements for remote notarization.
• Security Measures: Implementing robust security measures to protect sensitive information and prevent fraud is crucial.
• Legal Acceptance: Ensure that the notarized document will be accepted by all parties involved, as some entities may have specific requirements regarding the notarization process.

Future Outlook for Remote Notarization in Indiana

As remote notarization becomes more widespread, Indiana is likely to continue refining and enhancing its regulations and procedures to ensure the highest standards of security and efficiency. Ongoing advancements in technology and increasing public demand for remote services are expected to further drive the adoption and evolution of remote notarization in the state.

Frequently Asked Questions

1. Is remote notarization legal in Indiana?

Yes, remote notarization is legal in Indiana, provided that the notary is physically present in the state at the time of the notarization.

2. What are the requirements for performing remote notarizations in Indiana?

Notaries must hold a current notary commission, apply and be approved by the Indiana Secretary of State, complete state-approved training, pass an exam, use a state-approved platform, verify the signer’s identity, and maintain electronic records.

3. What technology is needed for remote notarization?

Both the notary and the signer need a computer or mobile device with a webcam, microphone, and a secure internet connection to participate in the live audio-visual session.

4. How secure is the remote notarization process?

Remote notarization in Indiana employs advanced security measures, including encryption, secure storage, and detailed audit trails, to ensure the integrity and confidentiality of the process.

Remote notarization is now a legal and viable option in Indiana, providing a modern, efficient, and secure way to handle notarial acts. By understanding the legal framework, meeting the necessary requirements, and leveraging advanced technology, notaries and clients can benefit from the convenience and accessibility of remote notarization. As the practice continues to evolve, staying informed about the latest developments and best practices will ensure successful and compliant notarizations in the digital age.

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