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Business Services Division

Business Services Division > Notary > Functions of a Notary > Official Notary Guide > Prohibited Acts Prohibited Acts

Prohibited Acts (Ind. Code 33-42-2-2)

A notary public shall not do any of the following:

  1. Use any other name or initial in signing acknowledgments, other than that by which the notary has been commissioned.
  2. Acknowledge any instrument in which the notary's name appears as a party to the transaction.
  3. Take the acknowledgment or administer the oath to any person whom the notary actually knows
    1. has been adjudged mentally incompetent by the court; and
    2. b. is under the guardianship of another.
  4. Take the acknowledgment of any person who is blind, without first reading the instrument to the blind person.
  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 that the person does speak or understand.
  6. Acknowledge the execution of the following:
    1. an affidavit, unless the person acknowledges the truth of the statements in the affidavit; or
    2. an instrument, unless the person who executed the instrument does the following:
      1. Signs the instrument before the notary; or
      2. Affirms to the notary that the signature on the instrument is the person's own.
  7. Affix his/her name or signature to a blank certificate, affidavit, or acknowledgement and deliver that form to another person with intent for the document to be authenticated.
  8. Post-date or antedate any document.
  9. Exceed the scope of the duty of a notary by preparing or filling in blanks of legal documents.

Note: A notary public may notarize documents of family members.

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