Loading chat...
IN HB1487
Bill
Status
5/1/2019
Primary Sponsor
Martin Carbaugh
Click for details
AI Summary
-
Secretary of state may establish and modify fees for electronic, expedited, and enhanced access to information, with the electronic and enhanced access fund expanded to cover records under IC 33 (courts) in addition to existing business code provisions
-
UCC financing statement filing fees increase effective October 1, 2019: written filings rise from $4 to $12, and public-finance or manufactured-home transaction filings rise from $8 to $12; electronic filings remain free
-
Notary public requirements updated to allow non-resident notaries primarily employed in Indiana to list their Indiana county of employment, prohibit notarial acts that directly benefit the notary or their spouse, and bar performance of notarial acts when a commission is suspended or revoked
-
Remote notary public provisions modified: registration requires passing an examination, electronic journals must be maintained for 10 years (increased from 5), maximum fee per remote notarial act increases from $15 to $25, and remote notarization rules take effect upon adoption of administrative rules or July 1, 2020
-
Repeals requirements for excavation contractors to include compliance statements with underground facility damage law in entity filings with the secretary of state
Legislative Description
Business services of the secretary of state. Amends the law concerning the business practices of the secretary of state, including: (1) access to information maintained by the secretary of state; (2) use of electronic information and transmissions; (3) striking the current Uniform Commercial Code (UCC) financing statement form; adding use of a format that meets certain criteria for the filings; and amending the UCC fees; (4) adding to the requirement to include a notary public's Indiana county on an authentication certificate; (5) amending requirements concerning notary public examination and education; (6) prohibiting performance of a notarial act: (a) to benefit oneself or one's spouse; or (b) when a commission is suspended or revoked; (7) specifying a notarial act fee applies; (8) providing for issuance of a certificate of fact for a notary public per signature; (9) requiring maintenance of a remote notary public electronic journal for 10 years; and (10) providing for nonresident corporate service of process on the secretary of state. Repeals current law concerning excavation contractor filings and precontracting documentation of compliance with underground facility damage law. Requires the formatting of certain documents to be approved by the International Association of Commercial Administrators or the secretary of state. Specifies October 1, 2019, as the date for a fee increase concerning the indexing of certain documents. Makes the law concerning remote notarial acts applicable only to a remote notarial act performed after the earlier of the effective date of certain administrative rules or July 1, 2020. Increases the fee that a notary public may charge for a remote notarial act from $15 to $25. Provides that, for certain filings, the provision of an electronic mail address is discretionary. Makes a technical amendment and conforming changes.
Last Action
Public Law 177
5/1/2019