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December 19, 2024

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1. Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (IC 51-102[16]).

2. Requirements

   1. Identity of Principal: “A notary public who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and making the verification has the identity claimed….” (IC 51-105[2]).

   2. Signature of Principal: “A notary public who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (IC 51-105[2]).

   3. Witness Signature, Oath: The short form certificate of notarial act for a verification on oath or affirmation (IC 51-115[3]) states, “Signed and sworn to (or affirmed) before me …” indicating that the Notary Public performing the verification must personally witness the principal sign the record.
      The same notarial certificate indicates that the Notary must administer an oath or affirmation to the principal as well.
      “The most demanding process is taking a verification upon oath or affirmation, also commonly known as performing a jurat. For some legal uses, the document would be inadmissible or useless if the jurat is not properly completed. Performing a jurat requires a notary to do two things: (1) Witness the person signing the document … and (2) Administer an oath, placing the person under penalty of perjury if the statements made in the document are proven false. A notary is not responsible for the truthfulness or accuracy of the document, and the person who takes the oath may, in fact, not be telling the truth. As long as you have administered an oath, you have done your job” (NPH).

   4. Oath Form: The “Idaho Notary Public Handbook” prescribes the following suggested oath to be administered when performing a verification (jurat) notarization: “Do you swear that the information contained in this document is true and complete to the best of your knowledge and ability?”
      “When a corporation officer needs to sign a document under his or her official title, a notary may perform a corporate verification. The officer appears before the notary. The notary verifies the identity of the person and then administers an oath, such as, ‘I, Jane Q. Public, swear (or affirm) that I am the president of SQR Corporation.’ Jane Q. Public then signs the document. The notary stamps or writes the certificate and then completes the notarization” (CC, Vol. 1).

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1. Definition: “Witnessing a signature is exactly that: you watch the signer sign the document” (NPH).

2. Requirements

   1. Identity of Principal: “A notary public who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and signing the record has the identity claimed” (IC 51-105[3]).

   2. Witness Signature: The short form certificate of notarial act for a signature witnessing (IC 51-116[4]) states, “Signed (or attested) before me …” (IC 51-116[4]) indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record.
      “Occasionally someone will bring a document to you that has already been signed, although the preprinted form calls for you to witness the person sign the document. In situations like that, you must have the person sign the document again in your presence. It is not necessary for the signer to cross out the first signature; he or she should just sign again as close to the original signature as possible” (NPH).

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Refusal of Services

1. Specific Grounds

   1. Competence: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that

   :
   “(a) The

   1. …[t]he individual executing the record is competent or has the capacity to execute the

   record; or
   “(b) The

   1. record….” (IC 51-108[1][a]).

   2. Willingness: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (IC 51-108[1][b]).
      “Generally speaking, willingness can be inferred simply from the fact that the signer has requested that the notarization be performed. There are, however, situations where additional care must be taken by the notary; for example, when the signer appears to be under pressure or duress or under the influence of alcohol or other substances” (NPH).
      “In situations where there is a question of pressure being put on the signer, the notary can ask any others in the room to leave and then engage the signer in conversation about the transaction. There is a difference between a person being unwilling or pressured to sign a document and being unhappy about the circumstances that have made it necessary for him or her to sign that document. When in doubt, the notary can get an opinion from an attorney or medical professional familiar with the signer” (NPH).

2. General Grounds: “A notary public may refuse to perform a notarial act unless refusal is prohibited by law other than this chapter” (IC 51-108[2]).

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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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The below typical, actual-size examples of traditional official Notary stamping devices and electronic Notary official seals (shaded) which are allowed by Idaho law. Formats other than these may also be permitted.

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