Sec. 1.7. As used in this chapter, “proof”, with respect to a notarial act, means a proof:

(1) under common law; or

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Terms Used In Indiana Code 32-21-2-1.7

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) where the witness:

(A) appears before a notarial officer;

(B) was personally known by the notarial officer or identified by the notarial officer through satisfactory evidence;

(C) was not a party to, or a beneficiary of, the record being signed by the principal and the witness; and

(D) took an oath or gave an affirmation and testified to the following:

(i) The witness signed the record.

(ii) The witness identified the principal who signed the record.

(iii) The witness personally observed the principal sign the same record that the witness signed.

As added by P.L.2-2021, SEC.2.