Indiana Code 32-21-2.5-12. Recording a copy of an electronic record
(1) contains an image of an electronic signature or signatures;
Terms Used In Indiana Code 32-21-2.5-12
- electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-21-2.5-2
- electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. See Indiana Code 32-21-2.5-4
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- person: means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government or a governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Indiana Code 32-21-2.5-5
(3) has been certified by a notarial officer, as described in IC 33-42-9-7(a), to be a true and correct copy of the electronic record as provided in subsection (c).
(b) A printed document that is a paper or tangible copy of an electronic record and certified to be a true and correct copy as described in subsection (c) satisfies any requirement of law that, as a condition for recording, requires the printed document to:
(1) be an original or be in writing;
(2) be signed or contain an original signature if the document contains an electronic signature of the person required to sign the document; and
(3) have an acknowledgment or proof according to Indiana law if the document contains an electronic signature of the notarial officer authorized to perform that act and all other information required to be included.
(c) A notarial officer who makes an acknowledgment or proof under IC 32-21 or IC 33-42 may certify that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by:
(1) executing and attaching the notarial officer’s official seal to a tangible paper certificate; or
(2) affixing or attaching the certificate to the paper or tangible copy of an electronic record.
(d) The form of the certificate required under subsection (c) must be substantially as follows:
“State of __________
County of __________
I certify that the foregoing and attached document entitled __________ (insert document title), dated __________ (insert document date) and containing _____ pages, is a true and correct copy of an electronic record printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the electronic record’s creation or execution.
Signed this _____ day of _____, _____
__________ (signature of notarial officer)
__________ (printed name of notarial officer)
__________ (include notarial officer’s commission number, official seal, commission county of residence or employment, and commission expiration date as required by applicable law).”.
As added by P.L.185-2021, SEC.49.