The Senate Judiciary Committee heard Sen. Bray’s and Sen. Brown’s SB 539 on notaries public and trademarks. The bill provides that:
- a person who wishes to register a trademark must file an electronic application for the registration of the trademark
- allows the Governor to appoint notaries public in certain instances
- describes permitted notarial acts
- specifies that notarial acts performed in another state are presumptively valid in certain instances
- specifies that notarial acts performed: (1) under the authority of and (2) within the jurisdiction of a federally recognized tribe are presumptively valid in certain instances
- specifies that notarial acts performed by foreign governments or nations are presumptively valid in certain instances
- specifies records should be notarized
- specifies how the identity of a principal may be authenticated
- specifies the components of notary seals
- requires that notary stamping devices must be secure
- prohibits the use of a stamping device by any person other than the authorized notary public
- describes how stamping devices must be disposed of when a notary public’s commission ends
- describes eligibility requirements for a notary public
- requires a notary public to secure an assurance or surety in the amount of $25,000
- specifies acts that a notary public is prohibited from taking
- prohibits a notary public from engaging in false or misleading advertising
- allows a notary public to charge not more than $10 for certain notarial acts
- allows a notary public to charge for travel expenses
- allows the Secretary of State to attest to the authenticity of a signature of a public official
- prohibits the Secretary of State from attesting to the signature of a public official or notary public on a document: (1) declaring allegiance to a government or jurisdiction; (2) renouncing citizenship, military status, sovereignty, or world service authority; or (3) claiming immunity from the jurisdiction or laws of the United States or any state of the United States
- makes conforming technical amendments
The Indiana Secretary of State’s Office, the Indiana Notary Association, the Indiana Land Title Association, the Indiana Credit Union Association, the Indiana Recorders Association, the Probate Section of the Indiana State Bar Association, and the Indiana Bankers Association testified in support of the bill. The bill was amended by consent and passed 8-0.
Read the bill at: https://iga.in.gov/legislative/2017/bills/senate/539