Senate Enrolled Act No. 340, which goes into effect July 1, 2020, will now require that any document to be recorded in Indiana have both a notarized signature of grantor and a notarized signature of a witness.
Full Answer
Notarization or Witnessing Requirement Indiana law requires that you either sign your POA in the presence of a notary public or in the presence of two witnesses. Witnesses cannot be: someone you named as an agent or successor agent in the POA. someone who is granted some other power or benefit in the POA.
Registration of power of attorney is optional In India, where the 'Registration Act, 1908', is in force, the Power of Attorney should be authenticated by a Sub-Registrar only, otherwise it must be properly notarized by the notary especially where in case power to sell land is granted to the agent.
Notarization is one of the proper form of authenticating power of attorney in the eye of law and as such General power of attorney dated 28.08. 2008 is valid and properly ratified.
(b) A notarial officer may perform the following notarial acts: (1) Taking an acknowledgment.(2) Administering an oath or affirmation. (3) Taking a verification on an oath or affirmation.(4) Attesting or witnessing a signature. (5) Attesting or certifying a copy.(6) Noting a protest of a negotiable instrument.
The question of registration arises only if a power is given for the sale of immovable properties. The Indian Registration Act does not make a power of attorney compulsorily registerable. However, the Supreme court has recently ruled that a power of attorney given to sell immovable properties should be registered.
A notarized letter or document is certified by a notary public, a licensed public officer who serves as an impartial witness to the signing of documents and establishes the authenticity of the signatures. A notary's signature and seal are required to authenticate the signature on your letter or legal document.
Registered Power of Attorney means when it registered in the office of the Registrar of the area. Notarised POW mean if it attested by Notary. POA is either register one or notarized is not valued document for sale. u may obtain General Power of Attorney cum sale and same may be valued if it is resisted one.
Also note here that a PoA has to be registered at the Sub-Registrar's Office to get a legal validity. Another important thing to note here is that a PoA remains valid only till the life of the principal. Within their lifetime also, one can revoke the PoA.
Search in the office of the Registering Authority where the POA was registered, to verify the authenticity of the POA. Payment be made by cheque executing a registered deed of Agreement to Sell.
IC 33-42-0.5-18 “Notarial act” “Notarial act” means the following acts with respect to either a tangible or an electronic record: (1) Taking an acknowledgment. (2) Administering an oath or affirmation. (3) Taking a verification on an oath or affirmation. (4) Attesting to or witnessing a signature.
Indiana Notary Stamps – Yes! Required Code § 33-42-2-4 requires each notary have an official seal. When properly executed and attached to a record, your seal makes it legally valid to move through a court proceeding. Create the official seal using a stamp or embosser.
Notarial Certificate: The notarial certificate is a composed assertion, marked and fixed by the legal official public, confirming the current realities of a notarial demonstration. The two most regular notarial acts a legal official will be approached to perform are overseeing vows and taking affirmations.
(a) Except as stated otherwise in the power of attorney, an attorney in fact is entitled to reimbursement of all reasonable expenses advanced by the attorney in fact on behalf of the principal.
Indiana Code Section 30-5-4-4: (a) Except as stated otherwise in the power of attorney, an attorney in fact fails to serve or ceases to serve when: (1) the attorney in fact dies; (2) the attorney in fact resigns; (3) the attorney in fact is adjudged incapacitated by a court;
Indiana Code Section 30-5-4-1: To be valid, a power of attorney must meet the following conditions: (1) Be in writing. (2) Name an attorney in fact. (3) Give the attorney in fact the power to act on behalf of the principal.
(a) Except as otherwise stated in the power of attorney, if more than one (1) attorney in fact is named, each attorney in fact may act independently of the other attorney in fact in the exercise of a power or duty.
Overview. Senate Enrolled Act No. 340, which goes into effect July 1, 2020, will now require that any document to be recorded in Indiana have both a notarized signature of grantor and a notarized signature of a witness. Currently, Indiana Code § 32-21-2-3 requires any document to be recorded must be either acknowledged by grantor or proved ...
The purpose of the acknowledgement is to validate that the instrument was the act of the person who executed it [1] and includes a written certificate of acknowledgement prepared by ...
Though the change in Indiana Code § 32-21-2-3 from “or” to “and” is small, it requires that any recorded document contain both: (i) an acknowledgement by grantor; and (ii) that the document be proved before one of the listed individuals, including a notary public.
Further, Indiana Code § 32-21-4-1 (c) provides protection in situations where an instrument is recorded, but does not comply with all of the requirements of Indiana Code § 32-21-2-3, it will be considered validly recorded and provide constructive notice to an bona fide purchaser.
Senate Enrolled Act No. 340, which goes into effect July 1, 2020, will now require that any document to be recorded in Indiana have both a notarized signature of grantor and a notarized signature of a witness.
As for the other means of having a document recorded, Indiana’s only guidance regarding proving a document for purposes of recording is in Indiana Code § 32-21-2-6 which states that a deed may be proved according to the rules of common law before an authorized officer.
For more information regarding Senate Enrolled Act No. 340 and its impact on documents recorded in Indiana after July 1, 2020, please contact your Krieg DeVault attorney, or a member of Krieg DeVault’s Real Estate and Environmental Practice Group .
the power of attorney becomes effective upon a determination that the principal is incapacitated that is set forth in a writing or other record by a physician, licensed psychologist, or judge. (2) obtain access to the principal's health care information and communicate with the principal's health care provider.
To be valid, a power of attorney must meet the following conditions: (1) Be in writing. (2) Name an attorney in fact. (3) Give the attorney in fact the power to act on behalf of the principal. (4) Be signed by the principal or at the principal's direction in the presence of a notary public.
A proof. This is the extra step the change in the law is requiring. It means having a witness at the notarization, 18 or older, who is not anyone involved in the transaction, or a relative, agent, or lender to any of those people. The notary must identify the witness by personal knowledge, a credible witness, or acceptable identification. This witness may be called the “subscribing witness”; subscribing means signing the document. The proof produces a notarial certificate affirming that the witness, under oath, affirmed the signer to be the person named on the document, was present and watched the instrument being signed, and also signed, as witness.
This witness may be called the “subscribing witness”; subscribing means signing the document. The proof produces a notarial certificate affirming that the witness, under oath, affirmed the signer to be the person named on the document, was present and watched the instrument being signed, and also signed, as witness.
So, two different notarizations — an acknowledgement and a proof with a witness — must accompany any paper or electronic instrument submitted for recording. You can see samples of both notarial formats here.
An acknowledgment with the signer. This is always done on real estate documents before recording. It’s the assurance that the signer was of sound mind, that the instrument was freely and voluntarily executed, and that the signature is authentic.
RON notarial officers. Remote online notarization (RON) eClosings can still be done. The witness must give their physical location to the RON notarial officer, observe the execution of the recordable instrument electronically, and also sign the document electronically. The RON notarial officer will then attach the notarial certificate to the witnessed instrument. Refer to Indiana’s electronic notarial certificate provisions here.
The statute is slated to be amended and corrected when Indiana’s General Assembly reconvenes in 2021.
All notaries need to know about the issue, because sometimes a signer is outside the state when finalizing an Indiana home sale or a refinanced mortgage loan. So, this tiny word change will be a thorn in the side of anyone working with instruments to be notarized for recording in any Indiana county.