Prima facie evidence of authority to execute
Sec. 2. An acknowledgment or other notarial act made
substantially in the form prescribed by section 1 of this chapter is
prima facie evidence:
(1) that the person named in the instrument as having
acknowledged or executed the instrument:
(A) appeared in person before the officer taking the
acknowledgment;
(B) was personally known to the officer to be the person
whose name was subscribed to the instrument; and
(C) acknowledged that the person signed the instrument as
a free and voluntary act for the uses and purposes set forth
in the instrument;
(2) if the acknowledgment or execution is by a person in a
representative or official capacity, that the person
acknowledging or executing the instrument acknowledged it to
be the person's free and voluntary act in such capacity or the
free and voluntary act of the principal, person, or entity
represented; and
(3) if the acknowledgment or other notarial act is by a person as
an officer of a corporation, that the person was known to the
officer taking the acknowledgment or performing any other
notarial act to be a corporate officer and that the instrument was
executed and acknowledged for and on behalf of the
corporation by the corporate officer with proper authority from
the corporation, as the free and voluntary act of the corporation.
As added by P.L.2-2002, SEC.6.
Last modified: May 24, 2006