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December 19, 2024
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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]).
Requirements
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]).
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]).
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).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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Definition: “Witnessing a signature is exactly that: you watch the signer sign the document” (NPH).
Requirements
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]).
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
Specific Grounds
Competence: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that
“(a) The…[t]he individual executing the record is competent or has the capacity to execute the
“(b) Therecord….” (IC 51-108[1][a]).
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).
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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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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