Idaho - U.S. Notary Reference

Last updated: May 20, 2025

Notary Jurisdiction

Statewide (IC 51-110).

Notary Term Length

Six years (IC 51-121[4]), expiring at midnight on the commission expiration date.

Notary Bond

$10,000 (IC 51-121[3]).

Notary Seal

Required (IC 51-115[2]).

Notary Journal

Not required.

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Commissioning and Regulating Official

Idaho Secretary of State appoints, regulates and maintains records on the state’s Notaries (IC 51-121 and 51-123).

Contact Information

1. Address: Office of Secretary of State
   Notary Department
   450 N. 4th St.
   P.O. Box 83720
   Boise, ID 83720-0080

2. Phone: 208-332-2810

3. Email: ntaa@sos.idaho.gov

4. Website: http://sos.idaho.gov/notary/index.html

Laws, Rules and Guidelines

1. Laws

   1. Idaho Code: Most Notary statutes are in the Idaho Code (IC), Title 51, Chapter 1, “Revised Uniform Law on Notarial Acts”; and Title 55, Chapter 7, “Acknowledgments.”

   2. Citations: Citations to the Code in this chapter follow this convention: IC, title, section, and any paragraph or subparagraph within the section, if applicable, in brackets. Example: IC 51-102[4][a].

2. Rules

   1. Idaho Administrative Code: Rules governing Notaries are in the Idaho Administrative Code (IAC) Chapter 34.07.01 “Rules Governing Notarial Acts Performed for Remotely Located Individuals.”

   2. Citations: Citations to the Administrative Code in this chapter follow this convention: IAC, chapter, section, and any paragraph and subparagraph within the section, if applicable, separated by periods. Example: IAC 34.07.01.011.01.a.

3. Guidelines: Guidelines for Notaries also appear in the “Idaho Notary Public Handbook” (NPH) (revised 2024) and in the periodical newsletter “The Commission Connection” (CC) — both published by the Secretary of State and available on the website.

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Commission Process

1. Qualifications: “An applicant for a commission as a notary public must:
   “(a) Be at least eighteen (18) years of age;
   “(b) Be a citizen or permanent legal resident of the United States;
   “(c) Be a resident of or have a place of employment or place of practice in this state; and
   “(d) Be able to read and write” (IC 51-121[2]).

2. Course: Not required.
   “The secretary of state or an entity approved by the secretary of state shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures and ethics relevant to notarial acts” (IC 51-122).

3. Exam: Not required.

4. Application

   1. Completed Online: The application is completed online through the Idaho Secretary of State Sobiz platform.

   2. Bond: The applicant must obtain a $10,000 Notary bond and submit the bond with the application. The application makes clear that an errors and omissions insurance policy other than a Notary bond is not acceptable. The bond must have been issued within 90 days prior to application and must be signed by the applicant. Employees of Idaho who obtain a commission to notarize documents in the scope of their employment must obtain a bond from the risk management office of the Idaho Department of Administration (IC 51-121[3]).

   3. Notarization: Once the application is complete, it must be printed out and taken to another Notary for notarization of the applicant’s signature, and then mailed or hand-delivered to the Secretary of State.

   4. Oath: The oath of office is contained in the application.

   5. Fee: The nonrefundable application fee is $30, but this fee is waived if the applicant is an officer or employee of a state, county, city or district government within Idaho and the Notary commission will be used in the scope of the applicant’s employment. “State employees whose filing fee is paid for by their department must arrange for an inter unit journal (IUJ) to be issued before submitting the documents to the Secretary of State’s office” (NPH).

   6. Commission Certificate: The Notary’s commission certificate, as provided by the Secretary of State, authorizes an applicant to purchase a Notary seal (stamping device). See “Notary Stamping Device Purchasing Information” which may be downloaded from the Secretary of State’s website (see website, “Notary Public FAQ”).

5. Background Screening: Not required.

6. Nonresidents: Nonresidents of Idaho who are employed or doing business in the state may become Idaho Notaries (IC 51-121[2][c]).

7. Reappointment: Commission “renewal” applications may be submitted up to 90 days prior to expiration of the current commission (IC Code 51-121[6]). Renewal reminders are not sent out by the state to Notaries whose commissions are about to expire (website, “Notary Public Instructions”). Commission renewal applicants must provide their state commission number, which may be obtained at https://sosbiz.idaho.gov/search/notary, on the application for reappointment.

8. No Immunity of Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees” (IC 51-121[5]).

Notification to Perform In-Person Electronic and Remote Notarial Acts

1. In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the Secretary of State that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. 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]).
   Idaho Notaries wanting to notify the Secretary of State that they will be performing notarial acts related to electronic records must file an “Authorization for Electronic Notarization” online through the Idaho Secretary of State Sobiz platform.
   “Can I use an electronic notary technology without notifying the Secretary of State? – No. You must submit the Authorization for Electronic Notarization form for each technology that you wish to use, before performing an electronic notarial act” (website, “Electronic Notary Public Frequently Asked Questions”).
   “Will the Secretary of State notify me when I am authorized? – Yes. You will receive an authorization certificate that specifies the technology that you selected” (website, “Electronic Notary Public Frequently Asked Questions”).

2. Remote Notarial Acts: “Before a notary public performs the notary public’s initial notarial act under this section [IC 51-114A], the notary public shall notify the secretary of state that the notary public will be performing notarial acts facilitated by communication technology and identify the technology. If the secretary of state has established standards for approval of communication technology or identity …, the communication technology and identity proofing must conform to the standards” (IC 51-114A[7]).

   1. Renewal Notification: “The renewal of the commission of a notary public who has previously qualified to perform notarial acts for remotely located individuals under [IAC 34.07.01.011] constitutes renewal of the notary public's qualification without the necessity of submission of another notification under this section” (IAC 34.07.01.011.04).

   2. Updated Technology: “[IAC 34.07.01.011] does not prohibit a notary public from receiving, installing, or using a hardware or software update to the technologies that the notary public identified under Subsection 011.02 of this chapter if the hardware or software update does not result in technologies that are materially different from the technologies that the notary public identified” (IAC 34.07.01.011.05).

Online Search

Authority: “The secretary of state shall maintain an electronic database of notaries public:
“(1) Through which a person may verify the authority of a notary public to perform
notarial acts; and
“(2) That indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records” (IC 51-124).

The Idaho Secretary of State’s “Notary Public Online Search” allows a search of the state’s roster of Notaries by attributes of the Notary including commission number, bonding company, name, city and commission expiration date, at https://sosbiz.idaho.gov/search/notary. Information provided includes the current status of a Notary’s commission, “Active” or “Expired” and the Notary’s commission number.

Reports of all new commissions and renewals filed during a given month are also available online. Each report includes the Notary’s name, mailing address (if given) and commission starting and expiration dates.

Jurisdiction

A notarial act may be performed in this state by…[a] notary public of this state (IC 51-110[1]).

Term Length

“On compliance with this section, the secretary of state shall review and may issue a commission as a notary public to an applicant for a term of six (6) years …” (IC 51-121[4]).

Bond

1. Notaries Public: “At the time of submitting the application, the applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond or its functional equivalent in the amount of ten thousand dollars ($10,000).
   “(a) The assurance must be issued by:
   “(i) A surety or other entity licensed or authorized to do business in this state; or
   “(ii) The risk management office in the department of administration for the state of Idaho if the applicant is regularly employed by the state and the commission is required in the scope of that employment” (IC 51-121[3]).

2. State Employee Notaries Public: “Idaho State employees seeking a notary commission as an employment requirement must obtain a bond through Risk Management Program, Department of Administration” (website, “Idaho State Employee Notary”).

Changes of Status

1. Name or Residence Change: A Notary whose name or residence changes during his term of office must submit written notice to the secretary of state on a “Notary Change Form” available for download from the Secretary of State’s website. This requires a $5 filing fee, but a written notice of a change of mailing address requires no fee. Name changes will require a new rubber stamp seal with a new name. A commission certificate with the new name will be received within a few days after the required materials are sent to the state.

2. Resignation: Notaries may voluntarily resign by completing a “Notary Registration Form” online through the Idaho Secretary of State Sobiz platform.

3. Cancellation of Bond: “If a notary public violates law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty (30) days’ notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state no later than thirty (30) days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state” (IC 51-121[3][b]).

4. Termination of Employment: “If I leave my current job and that employer paid for my notary commission, am I no longer a notary? – No. You are still a notary. However, be aware that the employer may cancel your bond, thus cancelling your commission and you would be required to apply for a Notary commission again. If you are a state employee and your bond has been obtained through the Bureau of Risk Management you are required to resign your commission upon termination of your state job. If your employer does not allow you to take your stamp with you, you should ask that it be destroyed and you can purchase a new one. If you keep a journal it is the property of the notary” (website, Notary Public FAQ”).

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Authorized Acts

1. Notarial Acts: Idaho Notaries are authorized to perform the following notarial acts (IC 51-102[5]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Certify or attest copies, including a tangible copy of an electronic record (IC 51-104[3]);

   6. Note protests of negotiable instruments.

2. In-Person Electronic and Remote Notarial Acts: A Notary Public who has notified the Secretary of State that they will be performing in-person and remote notarial acts may perform any notarial act listed above electronically or remotely.

Acknowledgments

1. Definitions

   1. Acknowledgment: “‘Acknowledgment’ means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (IC 51-102[1]).

   2. In a Representative Capacity: “'In a representative capacity means acting as:
      “(a) An authorized officer, agent, partner, trustee or other representative for a person that is not an individual;
      “(b) A public officer, personal representative, guardian or other representative, in the capacity stated in a record;
      “(c) An agent or attorney in fact for a principal; or
      “(d) An authorized representative of another in any other capacity” (IC 51-102[4]).

2. Requirements

   1. Identity of Principal: “A notary public who takes an acknowledgment of a record 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 acknowledgment has the identity claimed….” (IC 51-105[1]).

   2. Signature of Principal: “A notary public who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (IC 51-105[1]).

   3. Personal Appearance: “The notarial act of taking an acknowledgment requires the signer to personally appear before the notary, but it does not require the notary to witness the act of signing” (NPH).

   4. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (IC 51-102[1]):

      1. Signature: The individual must acknowledge that “the individual has signed a record for the purpose stated in the record….”

      2. Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”

Oaths and Affirmations

1. Definition: “The term ‘oath’ as used in section 18-5401, Idaho Code, includes an affirmation, and every other mode authorized by law of attesting the truth of that which is stated, including a certification or declaration under penalty of perjury permitted by the law of this state, whether subscribed in this or without this state” (IC 18-5402).
   Any person who desires it, may, at his option, instead of taking an oath, make his solemn affirmation or declaration, by assenting when addressed, in the following form: ‘You do solemnly affirm (or declare), that,’ etc., as above provided” (IC 9-1405).

2. Requirements

   1. Oath Form: An oath or affirmation in an action or proceeding, may be administered as follows, the person who swears or affirms, expressing his assent when addressed, in the following form: You do solemnly swear (or affirm, as the case may be), that the evidence you shall give in the issue (or matter), pending between … and …, shall be the truth, the whole truth, and nothing but the truth, so help you God” (IC 9-1402).
      “Although notaries are fully authorized to administer oaths as a separate notarial act, most of the time they are done in conjunction with a signature – a jurat. There is no standardized language mandated for various situations requiring an oath. In most cases the accompanying document will include or indicate the proper language for the specific oath that is to be administered” (NPH).
      “An ‘oath or affirmation’…happens when a person needs to swear (or affirm) that he or she made a verbal or written statement. The oath or affirmation makes the statement a sworn statement. The notary verifies the identity of the person and then administers an oath, such as, ‘You do solemnly swear (or affirm) that the testimony you shall give in the matter in issue shall be the truth, the whole truth, and nothing but the truth.’ The Notary stamps or writes the appropriate certificate and completes the notarization” (CC Vol. 1).

   2. Manner of Swearing: “Whenever the court before which a person is offered as a witness is satisfied that he has a peculiar mode of swearing, connected with, or in addition to, the usual form of administration, which, in his opinion, is more solemn or obligatory, the court may, in its discretion, adopt that mode” (IC 9-1403).

   3. Religious Preference: “When a person is sworn who believes in any other than the Christian religion, he may be sworn according to the peculiar ceremonies of his religion, if there be any such” (IC 9-1404).

Verifications

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: 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.

   4. Oath/Affirmation: 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 administer an oath or affirmation to the principal.
      “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).

   5. 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).

Signature Witnessings

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 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).

Certified or Attested Copies

1. Requirements

   1. Full, True, and Accurate Copy: “A notary public who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item” (IC 51-105[4]).

   2. Identification Not Required: “An Idaho Notary Public may be asked to certify or attest that a copy of a document or other record is a full, true, and accurate transcription or reproduction of that which was copied. Because you are not verifying a signature, there is no need for you to require the presence of any particular individual, nor are you required to identify anyone in conjunction with the notarial act of certifying a copy” (NPH).

2. Best Practices: “When asked to certify a copy, the notary should:
   “• Examine the document to determine that it is an unaltered original.
   “• Verify that the document may be lawfully copied and certified …
   “• Personally photocopy the document
   “• Note that the requester does not sign the copy at all – only the notary’s signature appears on the copy of the document” (NPH).

3. Eligible Documents: The “Idaho Notary Public Handbook” lists typical private documents that may be copy certified by the Notary. These include driver’s licenses, student and employee IDs, passports, diplomas, certificates or awards, professional licenses, personal documents, bills or invoices and photographs.

4. Prohibited Documents: The “Idaho Notary Public Handbook” also lists typical public documents that may not be copy certified by the Notary. These include birth and death certificates, marriage licenses, divorce decrees, court orders, adoption records, school transcripts, FBI fingerprint cards, motor vehicle titles and any recorded document.

5. Tangible Copies of Electronic Records: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (IC 51-104[3]).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (IC 28-3-505[2]).

2. Requirements: A notary public who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 28-3-505(2), Idaho Code” (IC 51-105[5]).

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Personal Appearance

1. Definition: “‘Personal appearance’ or ‘appear personally’ means the notarial officer is physically close enough to see, hear, communicate with and receive identification documents from the individual seeking notarization and any required witness” (IC 51-102[10]).

2. Requirement

   1. Traditional and In-Person Electronic Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public” (IC 51-106).
      “Rule #1: The person whose signature, oath, or acknowledgment is being notarized MUST personally appear before the notary at the time the notarial act takes place” (NPH).
      “There are no exceptions to this requirement. It is impossible to be a witness to an event if it does not take place in your presence. ‘Notarizing’ without the personal appearance of the signer at the time of the notarial act is de facto negligence and can be just cause for revocation of your notarial commission” (NPH).

   2. Remote Notarial Acts: “A remotely located individual may comply with the provisions of section 51 106, Idaho Code, by appearing before a notary public by means of communication technology” (IC 51-114A[2]).

Identification

1. Notarial Acts

   1. Requirement: Notaries are required to verify the identity of individuals presenting themselves for an acknowledgment, signature witnessing and verification upon oath or affirmation based upon personal knowledge or satisfactory evidence (IC 51-104[1], [2] and [3]).

   2. Personal Knowledge: “A notary public has personal knowledge of the identity of an individual appearing before the notary public if the individual is personally known to the notary public through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (IC 51-107[1]).
      “A person whom you have known for a considerable period of time and would recognize anywhere, anytime can be identified on the basis of ‘personal knowledge.’ This is a subjective standard, but a notary should be guided by the understanding that, in the event of a legal challenge to the signer’s identity, the notary would have to positively identify the person in court, often many years after the notarization took place. Personal knowledge is generally considered the best form of identification, and thus requires no further proof of identity” (NPH).

   3. Satisfactory Evidence: “A notary public has satisfactory evidence of the identity of an individual appearing before the notary public if the notary public can identify the individual:
      “(a) By means of:
      “(i) A passport, driver’s license or government-issued nondriver identification card that is current or expired not more than three (3) years before performance of the notarial act; or
      “(ii) Another form of government identification issued to an individual that is current or expired not more than three (3) years before performance of the notarial act, that contains the signature or a photograph of the individual, and that is satisfactory to the notary public; or
      “(b) By a verification on oath or affirmation of a credible witness personally appearing before the notary public and known to the notary public or whom the notary public can identify on the basis of a passport, driver’s license or government issued nondriver identification card that is current or expired not more than three (3) years before performance of the notarial act” (IC 51-107[2]).

   4. Additional Information or Credentials: “A notary public may require an individual to provide additional information or identification credentials necessary to assure the notary public of the identity of the individual” (IC 51-107[3]).

2. Remote Notarial Acts

   1. Definitions:

      1. A credible witness is “[s]omeone who is either personally known or satisfactorily identified to the notary who can swear to the identity of a person requesting a notarization” (NPH).

      2. “'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (IC 51-114A[1][c]).

      3. Knowledge-based authentication is an “identity assessment used by a notary public to identify an individual that is based on a set of questions formulated from public or private data sources that does not contain a question for which the individual provided a prior answer to the person doing the assessment” (IAC 34.07.01.010.01).

   2. Requirement: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public:
      “(i) Has personal knowledge under section 51-107(1), Idaho Code, of the identity of the individual;
      “(ii) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under section 51-107(2), Idaho Code, or under this section; or
      “(iii) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two (2) different types of identity proofing” (IC 51-114A[3][a]).

   3. Credible Witness: “A credible witness may be a remotely located individual if the notary public, credible witness, and individual whose statement or signature is the subject of the notarial act can communicate by using communication technology. A remotely located credible witness must meet the same requirements for identity proofing found in Section 013 of this chapter, or the notary public must have personal knowledge of the identity of the remotely located credible witness” (IAC 34.07.01.014).

   4. Identity Proofing: “If a notary public does not have satisfactory evidence of the identity of a remotely located individual under Section 014 of [IAC 34.07.01], the notary public must reasonably verify the individual's identity through two (2) different types of identity proofing consisting of a multi-factor authentication procedure as provided in this section. The procedure shall analyze the individual's identity credential against trusted third-person data sources, bind the individual's identity to the individual following successful knowledge-based authentication, and permit the notary public visually to compare the identity credential and the individual” (IAC 34.07.01.013).

   5. Credential Analysis: “The analysis of an identity credential must use public or private data sources to confirm the validity of the identity credential presented by a remotely located individual and, at a minimum: (3-31-22)
      ”a. Use automated software processes to aid the notary public in verifying the identity of each remotely located individual; (3-31-22)
      ”b. Require that the identity credential passes an authenticity test, consistent with sound commercial practices that use appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identity credential is not fraudulent or inappropriately modified; (3-31-22)
      ”c. Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identity credential details; and (3-31-22)
      ”d. Enable the notary public visually to compare for consistency the information and photograph on the identity credential and the remotely located individual as viewed by the notary public in real time through communication technology. (3-31-22)” (IAC 34.07.01.013.01).

   6. Knowledge-Based Authentication: “A knowledge-based authentication is successful if it meets the following requirements: (3-31-22)
      ”a. The remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources; (3-31-22)
      ”b. Each question must have a minimum of five (5) possible answer choices; (3-31-22)
      ”c. At least eighty percent (80%) of the questions must be answered correctly; (3-31-22)
      ”d. All questions must be answered within two (2) minutes; (3-31-22)
      ”e. If the remotely located individual fails the first attempt, the individual may retake the quiz one (1) time within twenty-four (24) hours; (3-31-22)
      ”f. During a retake of the quiz, a minimum of forty percent (40%) of the prior questions must be replaced; (3-31-22)
      ”g. If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same notary public within twenty-four (24) hours of the second failed attempt; and (3-31-22)
      ”h. The notary public must not be able to see or record the questions or answers. (3-31-22)” (IAC 34.07.01.013.02).

   7. Interruption of Identification Process: “If a remotely located individual must exit the workflow, the remotely located individual must restart the identity proofing process under Sections 013 or 014 of this chapter from the beginning. (3-31-22)” (IAC 34.07.01.015.03).

‘Ground Rules’ for Notarization

“The Commission Connection” newsletter (Vol. 1) sets the following “ground rules” for notarization:
“1. A person must be in the immediate presence of the notary when they sign. (Remote notarization through video, audio, or otherwise, is not permitted.)
“2. Always verify the person’s identity.
“3. Always use a notarial certificate and be certain that it is the right one for the job.
“4. Always put the certificate directly on the document near the signer’s signature, even on the back of the page if you have to. As a last resort you may attach the certificate to the document on a separate page, but this is not recommended.
“5. Always include your commission expiration date below your signature.
“6. Place the notarial seal near your signature.”

Review of the Document

“Notaries are not verifying or validating the contents of the document being notarized and there is no reason for the notary to read the document. However, before the notary can move on to the other steps, he/she should glance through the document in order to determine three important things:
“• To verify what kind of document it is and to determine if the signer understands what they are signing.
“• To determine the type of notarial act required.
“• To determine who is supposed to sign the document. This step will tell you the name of the signer and how the person is to be identified and sign. It will also help you learn if the document will be signed by the person acting in a representative capacity” (NPH).

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

Signature by Mark

“‘Signature’ is defined in Idaho law as ‘a tangible symbol or an electronic signature that evidences the signing of a record.’ What this means to a notary is that a person who uses a mark, stamp, or an electronic signing device to sign a document can have that signature notarized just as if it was signed with pen and ink. The same rules apply: If the document calls for the person to sign in front of you (signature witness or jurat), then you must see the signature be affixed to the document; if the document calls for an acknowledgment, you have to verify the person’s signature by comparing it to another example as well as take the signer’s verbal acknowledgment. You need not indicate how the signature was made when completing the notarial certificate” (NPH).

“Is a ‘mark’ acceptable as an individual’s signature? – Yes. A mark is considered ‘a tangible symbol.’ [51-102, Idaho Code]” (website, “Notary Public FAQ”).

Competence and Willingness

“Before you can complete the notarization, you must determine if the person appears competent and has the capacity to execute the record. You must also be sure the person is signing the document knowingly and voluntarily. As a notary, you may refuse to perform a notarization if you do not feel confident the signer meets these requirements” (website, “Idaho Notary Training Course”).

Signature by Proxy

If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual’s name on the record. The notary public must insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” near the signature (IC 51-109).

“If an individual is physically unable to sign a document, Idaho law allows the individual to direct another person, other than the notary, to sign the individual’s name for him or her. Obviously, both the signer and the person whom he/she directs to sign their name must be physically present during the notarization. The notary then has to modify the notarial certificate to include the phrase, ‘Signature affixed by (name of other individual) at the direction of (name of individual named in the document)’ or words to that effect” (NPH).

Foreign-Language Documents

“The Secretary of State’s Office is frequently asked if Idaho notaries may notarize a document that is written in a foreign language. And the answer is generally ‘Maybe.’ The language that a document is written in is not the most important factor in determining whether or not you can perform the requested notarial act.
“It is absolutely critical that you, first and foremost, READ the notarial certificate and clearly understand what you are being asked to do before you agree to the notarization. If the notarial certificate is not in English, you must have it translated before going forward” (NPH).

“You may certify copies of certain foreign language documents using the same process and criteria as you would for any other document” (NPH).

“When dealing with documents written in a language that you cannot read, should you be asked to notarize a signature on a document verifying that the individual is alive and living in Idaho, YOU MAY actually be making the statement that this information is correct instead of the individual making the statement. Ask the signer if your name appears anywhere in the document before you notarize. If you are named, DO NOT notarize the document. Let the signer know that he/she must make that statement and not you” (website, “Notary Public FAQ”).

Disqualifying Interest

1. Personal: “A notary public may not perform a notarial act with respect to a record to which the notary public or the notary public’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable” (IC 51-104[2]).
   According to the “Idaho Notary Public Handbook,” a Notary may not notarize his or her own signature, notarize a signature on a document in which the Notary is named or sign as a representative of an entity and then notarize any signature on the same document.

2. Relatives: IC 51-104(2), cited above, prohibits a Notary from notarizing a record in which the officer’s spouse is a party or in which the Notary’s spouse has a direct beneficial interest.

Unauthorized Practice of Law

1. No Authority: “A commission as a notary public does not authorize an individual to:
   “(a) Assist persons in drafting legal records, give legal advice or otherwise practice law;
   “(b) Act as an immigration consultant or an expert on immigration matters;
   “(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
   “(d) Receive compensation for performing any of the activities listed in this subsection” (IC 51-125[1], [4]).

2. Determining Notarial Act: “If you are unable to determine the type of notarial act or if you do not understand what information is to be entered in a particular space, then you should request assistance before attempting to complete the notarization. It is the requestor’s responsibility to tell the notary what type of notarial act is needed. As ministerial officials, notaries do not have the authority to decide on the appropriate type of notarization to perform. If the document does not have a pre-printed notarial certificate on it and the signer cannot indicate to you what is needed, then you may not proceed with the notarization” (NPH).

Advertising

1. Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (IC 51-125[2]).

2. Use of ‘Notario’: “A notary public, other than an attorney licensed to practice law in this state, may not use the term ‘notario’ or ‘notario publico’” (IC 51-125[3]).

3. Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (IC 51-125[4]).

In-Person Electronic Notarial Acts

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”).

Remote Notarial Acts

1. Applicable Law

   1. Revised Uniform Law on Notarial Acts: Effective January 1, 2020, Idaho adopted the amendments to the Revised Uniform Law on Notarial Acts, allowing Notaries to perform notarial acts for remotely located individuals. These provisions are summarized below.

   2. Idaho Administrative Code: The Idaho Secretary of State adopted temporary rules for performing notarial acts for remotely located individuals 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. Communication Technology

   1. Definition: “‘Communication technology’ means an electronic device or process that:
      “(i) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
      “(ii) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (IC 51-114A[1][a]).

   2. Clarity of Communication: “Communication technology shall…[p]rovide for synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the notary public and remotely located individual to see and speak with each other” (IAC 34.07.01.015.01.a).

   3. Security, Confirmation of Identity Proofing and Record: “Communication technology shall provide reasonable security measures to prevent unauthorized access to the live transmission of the audio-visual feeds, the methods used to perform the identity proofing process under Sections 013 or 014 of [IAC 34.07.01], and the electronic record that is the subject of the notarial act. (3-31-22)” (IAC 34.07.01.015.02).

4. Confirmation of Record: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if… [t]he notary public is able reasonably to confirm the record before the notary public as the same record in which the remotely located individual made a statement or on which the remotely located individual executed a signature” (IC 51-114A[3][b]; see also IAC 34.07.01.015.01.b).

5. Audio-Visual Recording: For the requirement that a Notary who performs notarial acts for remotely located individuals keep a recording of each notarial act, see “Records of Notarial Acts,” above.

6. Principals Located Outside the U.S.: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if…
   “(i) The record:
   “1. Is to be filed with or relates to a matter before a court, governmental entity, public official, or other entity subject to the jurisdiction of the United States; or
   “2. Involves property located in the territorial jurisdiction of the United States or a transaction substantially connected with the United States; and
   ”(ii) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (IC 51-114A[3][d]).

Withholding Records

“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public” (IC 51-125[5]).

Foreign ‘Certificates of Life’

“When dealing with documents written in a language that you cannot read, should you be asked to notarize a signature on a document verifying that the individual is alive and living in Idaho, YOU MAY actually be making the statement that this information is correct instead of the individual making the statement. Ask the signer if your name appears anywhere in the document before you notarize. If you are named, DO NOT notarize the document. Let the signer know that he/she must make that statement and not you” (website, “Notary Public Frequently Asked Questions”).

Validity of Notarial Acts

1. Failures: “Except as otherwise provided in section 51-104(2), Idaho Code, the failure of a notary public to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notary public” (IC 51-126).

2. Invalidation: “The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States” (IC 51-126).

3. Lack of Authority: “This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (IC 51-126).

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Certificate Requirements

1. General Requirement: “A notarial act must be evidenced by a certificate” (IC 51-115[1]).

2. Specific Requirements: The certificate must:
   “(a) Be executed contemporaneously with the performance of the notarial act;
   “(b) Be signed and dated by the notary public;
   “(c) Identify the jurisdiction in which the notarial act is performed; and
   “(d) Indicate the date of expiration, if any, of the notary public’s commission” (IC 51-115[1]).

Effect of Notarial Certificate

“By executing a certificate of a notarial act, a notary public certifies that the notary public has complied with the requirements and made the determinations specified in sections 51-105, 51-106 and 51-107, Idaho Code” (IC 51-115[4]).

Certificate Forms

Idaho has adopted the Revised Uniform Law on Notarial Act’s short-form certificates (IC 51-116). These certificate forms and other forms authorized by the Secretary of State appear below.