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Last updated: November

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26, 2024

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1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective July 1, 2000, Idaho adopted the Uniform Electronic Transactions Act (IC 28-50-101 through 28-50-120), including the following provision on notarization and acknowledgment, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (IC 28-50-111).

   2. Uniform Real Property Electronic Recording Act: In 2007, Idaho adopted the Uniform Real Property Electronic Recording Act, including the following provision: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (IC 31-2903[3]).

   3. Revised Uniform Law on Notarial Acts: Effective July 1, 2017, the state of Idaho adopted the Revised Uniform Law on Notarial Acts, thereby putting in place basic statutory provisions enabling the performance of notarial acts with respect to electronic records. These provisions are summarized below.

   4. Idaho Administrative Code: The Idaho Secretary of State adopted temporary rules for performing notarial acts on electronic records in January 2020 in Chapter 34.07.01..

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Tamper-Evident Technology

   1. Selection by Notary: “A notary public may select one (1) or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (IC 51-120[1]).

   2. Standards: “If the secretary of state has established standards for approval of technology pursuant to section 51-127, Idaho Code, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology” (IC 51-120[2]).

4. Digital Certificate: “Tamper-evident technology shall consist of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union or a similar industry-standard technology” (IAC 34.07.01.012.02).
   A Notary may not perform a notarial act with respect to an electronic record if the Notary’s digital certificate has expired, has been revoked or terminated by its issuing or registering authority, is invalid or is incapable of authentication (IAC 34.07.01.012.02).
   “Does the Secretary of State verify that the chosen technology is compliant? No. It is the responsibility of the notary to choose an appropriate, tamper-evident technology to use for electronic notarization” (website, “Electronic Notary Public Frequently Asked Questions”).
   “How do I know if the technology I’ve chosen for electronic notarization meets the legal requirements? Please refer to the National Electronic Notarization Standards, adopted by the National Association of Secretaries of State, for guidance in selecting an appropriate, tamper-evident technology” (website, “Electronic Notary Public Frequently Asked Questions”).

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