Idaho - U.S. Notary Reference

Last updated: October 15, 2024

QUICK FACTS

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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ADMINISTRATION AND RULES

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

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 AND APPOINTMENT

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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NOTARIAL ACTS

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. Definition: “‘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. Requirements

   1. Identification of Acknowledger: “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 and that the signature on the record is the signature of the individual” (IC 51-105[1]).

   2. 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)

   3. Acknowledgment of Signature: Often the party has previously signed the record before bringing it to the notary. In those cases, the requirements are met when the signer verbally acknowledges to the notary that he/she signed the document, and the notary has: (1) properly identified the signer; and (2) verified the signature to be that of the signer (usually by comparing the signature on the document to the signature on the ID and the one made by the signer in the notary’s journal.)” (NPH).
      “An acknowledgment can also be made by an individual acting (signing) on behalf of another person or entity. This is called an acknowledgment in a representative capacity and the person who is appearing before the notary will be signing on behalf of a business or corporation, a trust, with a Power of Attorney or with some other authorization that allows them to sign for another person or legal entity” (NPH).

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. Identification of Individual: “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 and that the signature on the statement verified is the signature of the individual” (IC 51-105[2]).

   2. Witness Signature, Oath: “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).

   3. 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. Identification of Individual: “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 Being Made: “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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STANDARDS OF PRACTICE

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: “A notary public may refuse to perform a notarial act if the notary public is not satisfied that:
   “(a) The individual executing the record is competent or has the capacity to execute the record; or
   “(b) The individual’s signature is knowingly and voluntarily made” (IC 51-108[1]).
   “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: “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]).

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 OF NOTARIAL ACT

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.

Remote Notarial Certificate

Indication of Remote Act: “If a notarial act is performed under this section [IC 51-114A], the certificate of notarial act required by section 51-115, Idaho Code, and the short form certificate provided in section 51-116, Idaho Code, must indicate that the notarial act was performed using communication technology” (IC 51-114A[4]).
“If the notarial act is performed on behalf of a remotely located individual and utilizing communication technology under section 51-114A, Idaho Code, the certificates in this section shall include a statement substantially as follows: ‘This notarial act involved the use of communication technology.’” (IC 51-116[6]).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) and (2) of this section and:
   “(a) Is in a short form set forth in section 51-116, Idaho Code;
   “(b) Is in a form otherwise permitted by the law of this state;
   “(c) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
   “(d) Sets forth the actions of the notary public and the actions are sufficient to meet the requirements of the notarial act as provided in sections 51-105, 51-106 and 51-107, Idaho Code, or law of this state other than this chapter” (IC 51-115[3]).

2. Remote Notarial Acts: “A short form certificate provided in section 51-116, Idaho Code, for a notarial act subject to this section is sufficient if it:
   “(a) Complies with rules adopted under subsection (8)(a) of this section; or
   “(b) Is in the form provided by section 51-116, Idaho Code, and contains a statement substantially as follows: ‘This notarial act involved the use of communication technology.’” (IC 51-114A[5]).

Security of Certificate

1. Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record” (IC 51-115[6]).

2. Electronic Records: If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record” (IC 51-115[6]).

3. Security Standards: “If the secretary of state has established standards pursuant to section 51-127, Idaho Code, for attaching, affixing or logically associating the certificate, the process must conform to the standards” (IC 51-115[6]).

Accuracy of Certificate

“The words contained in the notarial certificate are not mere formalities; they are the notary’s ‘witness statement’ telling what happened, where it happened, when it happened, and who was involved. The accuracy and completeness of every notarial certificate is a fundamental expectation of the office” (NPH).

Venue of Notarial Certificate

“If I reside in one county and I am doing a notarial transaction in another county, what county do I indicate when it says ‘County of’? You indicate the county in which you are actually doing the notarial act. The only time you would indicate your county of residence is if the wording is specifically asking where you reside” (website, “Notary Public FAQ”).

Document Without Certificate

“If the notarial certificate is not pre-printed on the document can I attach a separate piece of paper with the certificate on it? – “Yes. However, if there is room on the document, the notary should write, or type, the necessary certificate directly on the document. If there is no room, the certificate must be securely attached to the document” (website, “Notary Public FAQ”).

“Many times notaries are presented with documents that either do not have a notarial certificate, or the pre-printed notarial certificate was completed for another signer. When that situation presents itself, the notary must complete a proper notarial certificate by writing, typing, stamping or attaching one to the document as close to the signer’s signature as possible” (NPH).

Selecting a Certificate

“If the notarial certificate is not provided on the document, can I decide which certificate to use? “No. Deciding which certificate to use is considered as providing legal advice. Either the person who prepared the document, or the signer, must tell the notary which certificate to use for the notarial act, unless the notary is also a licensed attorney. [51-125, Idaho Code]” (website, “Notary Public FAQ”)

Correcting a Certificate

“If an error is made while completing the notarial certificate, any incorrect or omitted information may subsequently be corrected by the notary. Remember though, a change or correction may not be made to the impression of the notarial seal/stamp” (NPH).

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SEAL AND SIGNATURE

Definitions

1. Official Stamp: “'Official stamp' means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record” (IC 51-102[8]).

2. Stamping Device: “'Stamping device' means:
   “(a) A physical device capable of affixing to a tangible record an official stamp; or
   “(b) An electronic device or process capable of attaching or logically associating an official stamp with an electronic record” (IC 51-102[14]).

Official Stamp Requirement

1. Notarial Acts: Required.
   “If a notarial act regarding a tangible … record is performed by a notary public, an official stamp must be affixed to the certificate” (IC 51-115[2]).

2. In-Person Electronic Notarial Acts: Required.

   1. Notaries Public: “If a notarial act regarding a … electronic record is performed by a notary public, an official stamp must be affixed to the certificate” (IC 51-115[2]).

3. Remote Notarial Acts: The same requirements with respect to the official stamp on an electronic record apply to a Notary Public who performs remote notarial acts.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (IC 31-2903[3]).

Official Stamp Format

1. Notarial Acts

   1. Inked Rubber Stamp: “Each notary public shall provide and keep an official seal, which shall be a rubber stamp with a serrated or milled edge border in a rectangular or circular form and includes the words ‘Notary Public,’ the notary public’s name, the words ‘State of Idaho,’ and nothing more” (IC 51-117[1]).
      Until July 1, 2004, embossers had also been allowed as official Notary seals by persons commissioned prior to July 1, 1998.

   2. Shape/Size: Rectangular: not more than 2.25 inches by 1 inch; or circular: not more than 1.75 inches in diameter.

   3. Border: A “serrated or milled edge border” is required (IC 51-117[1]).

   4. Components: Only the following “and nothing more” may appear in the official stamp (IC 51-117[1]):

      1. Name of Notary;

      2. “State of Idaho”;

      3. “Notary Public”;

      4. Notary’s commission number;

      5. Optional: “My commission expires” followed by the Notary’s commission expiration date (NPH).

2. In-Person Electronic and Remote Notarial Acts: Not prescribed.

Examples

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

Placement of Seal

“The seal shall be impressed below or near the notary public's official signature on each notary certificate that the notary administers” (IC 51-117[2]).

New Seal

“A new stamp must be purchased whenever the information shown in the stamp (such as the notary’s name) changes or if your stamp includes your expiration date” (NPH). A new stamp is not required if the Notary is commissioned to a new term

Security of Seal

“A notary public is responsible for the security of the notary public's stamping device and may not allow another individual to use the device to perform a notarial act” (IC 51-117[3]).

Lost or Stolen Seal

“If a notary public's stamping device is lost or stolen, the notary public or the notary public's personal representative or guardian shall promptly notify the commissioning officer or agency on discovering that the device is lost or stolen” (IC 51-117[3]).

Destruction of Seal

“On resignation from, or the revocation or expiration of, the notary public's commission, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public's personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable” (IC 51-117[2]).

Electronic Stamping Device

“The stamping device for electronic records must be an electronic device or process that provides an image of the notary’s official stamp that meets the requirements of section 51-117, Idaho Code, and that is readily visible upon copying” (IC 51-518[2]).

“A notary public shall attach or logically associate the notary public's electronic signature and official stamp to an electronic record that is the subject of a notarial act by use of a digital certificate” (IAC 34.07.01.012.01).

Notary Signature

“Don’t forget, your signature on this certificate MUST match the name on file with the office of the Idaho Secretary of State and on your official notary stamp” (website, “Idaho Notary Training Course”).

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RECORDS OF NOTARIAL ACTS

Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Not required.

2. Recording of Remote Notarial Acts: Required.
   “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, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act” (IC 51-114A[3][c]).
   “A notary public shall retain an audio-visual recording required under Section 51-114A, Idaho Code, in a computer or other electronic storage device that protects the audio-visual recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard audio-visual file format and not include images of any record in which a remotely located individual made a statement or on which the remotely located individual executed a signature” (IAC 34.07.01.016.02).

Journal Recommendation

1. Traditional Notarial Acts: “Though Idaho law does not require that a notary keep a journal, journals are strongly recommended by the Idaho Secretary of State. A wise notary will heed this recommendation. If a notary is called into court to testify about a notarial act provided five years ago, what proof does the notary have to support his or her testimony? If the notary does not keep a journal, he or she has none. Journals are necessary to provide you with documentation if a notarial act comes into question. A journal can make the difference between a judgment in your favor, and a judgment that costs you thousands of dollars” (CC, Vol. 3).
   “A properly kept notary journal is the very best insurance that a notary can have. It provides evidence that the notarial information on a document is true and correct and that the signer had personally appeared to the notary when the notarization took place” (NPH).

2. Remote Notarial Acts: “A notary public may maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs with respect to remotely located individuals. A journal may be created on a tangible medium or in an electronic format using an industry-standard data file format. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. An entry in a journal must be made contemporaneously with the performance of the notarial act. (3-31-22)” (IAC 34.07.01.016.01).

Format of Journal

1. Paper Journal: “There are different formats available; you may choose whichever you prefer as long as the records are chronologically numbered and the book is designed in such a way as to deter any deletion, alteration, or modification of the pages. You may not use a loose-leaf notebook” (NPH).

2. Electronic Journal: “Electronic journals should be commercially produced and create chronological, sequential, and non-modifiable records that can be accessed upon demand” (NPH).

Multiple Journals

“Some notaries may wish to keep one journal at work and another for personal use. Others may want to use both an electronic and a paper journal” (NPH).

Recommended Journal Entries

The Idaho Secretary of State prescribes the following journal entries for each notarial act (CC, Vol. 3):

1. Date and time of notarial act;

2. Date on document notarized;

3. Type of document notarized;

4. Type of ID used to verify principal signer’s identity;

5. Name of principal signer;

6. Address of principal signer;

7. Signature of principal signer indicating that journal entry is correct.

Privacy Considerations

“The information that Idaho notaries keep in a journal should not violate the privacy rights of the signers. Specific information unique to the identity of the signer, such as license numbers, social security numbers, or birth dates should never be entered into the notary journal” (NPH).

Property of Notary

“If you keep a journal it is the property of the notary” (website, “Frequently Asked Questions”).

Security of Journal

“If you choose to keep a journal, protect it as you do your notarial seal. Keep it under lock and key” (CC, Vol. 3).

Retention of Journal, Recordings

1. Journal: “It is the notary’s personal responsibility to maintain possession of all journals created during the entire time the notary holds an active commission. A notary does not have to turn his/her journal in when the commission is renewed; one journal may, in fact, contain the records for several years if the notary does only a few notarizations” (NPH).
   “When a journal is full, store the journal for a minimum of seven years from the date of the last entry” (CC, Vol. 3).

2. Recordings: “A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public, shall retain the audio-visual recording … or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. The recording must be retained for at least ten (10) years after the recording is made or as otherwise required by rule.…” (IC 51-114A[6]; see also IAC 34.07.01.016.02).
   “On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of a recording shall: (3-31-22)
   ”a. Comply with the retention requirements of this subsection; (3-31-22)
   ”b. Transmit the recording to one or more repositories under Subsection 016.03 of this chapter; or (3-31-22)
   ”c. Transmit the recording in an industry-standard readable data storage device to the Secretary of State. (3-31-22)” (IAC 34.07.01.016.02).

3. Repositories

   1. Authorization: “A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a repository to provide the storage required by Subsection 016.02 of this chapter. A third person under contract under this Subsection shall be deemed a repository under Section 51-114A, Idaho Code. The contract shall: (3-31-22)
      ”a. Enable the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of Subsection 016.02 of this chapter even if the contract is terminated; or (3-31-22)
      ”b. Provide that the information will be transferred to the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated. (3-31-22)” (IAC 34.07.01.016.03).

   2. Authorization to Charge Fees: “Section 51-133, Idaho Code, shall not be construed to prevent a third person who provides technologies or storage capabilities to aid the notary public in the performance of a notarial act or in the fulfillment of duties under [IAC 34.07.01] from separately charging and collecting any additional fee for the services provided. (3-31-22)” (IAC 34.07.01.017).

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FEES FOR NOTARIAL ACTS

Maximum Fees

The maximum fee an Idaho Notary may charge for any notarial act is $5 (IC 51-133[1]).

Travel Expenses

“In addition to the fee, a notary public may be compensated for actual and reasonable expense of travel to a place where a notarial act is to be performed” (IC 51-133[2]).

Remittance of Fees to Employer

“An employer shall not require a notary public in his employment to surrender to him a fee, if charged, or any part thereof to the employer. An employer may, however, preclude such notary public from charging a fee for a notarial act performed in the scope of his employment” (IC 51-113[3]).

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REAL ESTATE PRACTICES

Notary Signing Agents

Currently, there are no statutes, regulations, or rules expressly governing, prohibiting, or restricting the operation of Notary Signing Agents within the state of Idaho.

Secretary of State’s Guidelines

The following paragraphs express the Idaho Secretary of State’s position on Notary Signing Agents operating within the state (website, “Notary Public FAQ”):

“1. Notary signing agents are employed by private companies. They are not certified or commissioned by the State of Idaho beyond the normal notary application process. A notary signing agent has no special powers and must adhere to Idaho notary law in all transactions. It is illegal for a notary or a notary signing agent to give legal advice, explain legal documents or aid customers in completing legal or immigration forms. Idaho Code 51-133 states a Notary public may, for any notarial act, charge a fee not to exceed five dollars ($5.00). In addition to the fee, a notary public may be compensated for actual and reasonable expense of travel to a place where a notarial act is to be performed.
“2. The Idaho Secretary of State’s office urges notaries to exercise caution in considering signing agent or mobile notary offers. We recommend contacting the Department of Insurance and the Department of Finance before venturing into a business as a ‘Mobile Notary’ or ‘Signing Agent’ to ensure that you are not in violation of the Independent Escrow Act or Closing Agent licensing.
“3. If a bank or mortgage company wants to employ a notary to perform notary services, act as a ‘signing agent’ or ‘mobile notary officer’ and wants to pay more than the statutory rate, that is up to them. However, the fee a notary may charge for their services is set forth in state laws as described above. Neither the notary nor a third party charging notary fees as part of the services they provide should exceed the statutory fees in charging for notary services. Please be sure to explain the fees assessed to the customer as to what portion of the fee is for the notarial services.”

Recording

1. Documents Recorded: “[The recorder] must, upon the payment of his fees for the same, record separately, in large and well-bound separate books or through approved electronic storage systems, in legible handwriting, typewriting or by photographic reproduction:
   “(a) Deeds, grants, transfers and mortgages of real estate, releases of mortgages, powers of attorney to convey real estate and leases which have been acknowledged or proved and transcripts of judgments or decrees which affect the title or possession of real property, including water rights, any part of which is situate in the county of which the person is the recorder.
   “(b) Certificates of marriage and marriage contracts.
   “(c) Wills admitted to probate.
   “(d) Official bonds.
   “(e) Notices of mechanics' liens.
   “(f) Transcripts of judgments which by law are made liens upon real estate.
   “(g) Notices of attachments upon real estate.
   “(h) Notices of the pendency of an action affecting real estate, the title thereto or possession thereof.
   “(i) Instruments describing or relating to the separate property of married women.
   “(j) Notices of preemption claims.
   “(k) Certified copies of any petitions, with the schedules omitted, filled [filed] in, and certified copies of any order or decree made or entered in, any proceeding under the national bankruptcy act.
   “(l) Financing statements under the uniform commercial code which cover timber to be cut, minerals or the like (including oil and gas), pursuant to section 28-9-301, Idaho Code, or fixtures.
   “(m) Notice of order of a general adjudication in conformance with section 42-1408, Idaho Code.
   “(n) Death certificates.
   “(o) Such other writings as are required or permitted by law to be recorded, as determined by the recorder” (IC 31-2402[1]).

2. Acknowledgment Required: “Before an instrument may be recorded, unless it is otherwise expressly provided, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or vice president, or secretary or assistant secretary, or other person executing the same on behalf of the corporation, or if executed in the name of the state of Idaho or any county, political subdivision, municipal, quasi-municipal, or public corporation, by one (1) or more of the officers of such state, county, political subdivision, municipal, quasi-municipal, or public corporation executing the same, or if executed in a partnership name, by one (1) or more of the partners who subscribed the partnership name thereto, or if executed by a limited liability company, by the manager, member or other person executing the same on behalf of the limited liability company, or the execution must be proved and the acknowledgment or proof, certified in substantially the manner prescribed by chapter 1, title 51, Idaho Code; provided, that if such instrument shall have been executed and acknowledged in any other state or territory of the United States, or in any foreign country, according to the laws of the state, territory or country wherein such acknowledgment was taken, the same shall be entitled to record, and a certificate of acknowledgment indorsed upon or attached to any such instrument purporting to have been made in any such state, territory or foreign country, shall be prima facie sufficient to entitle the same to such record” (IC 55-805).

3. Tangible Copy of Electronic Record: “A recorder shall accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record” (IC 51-120[3]).

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RECOGNITION OF NOTARIAL ACTS

Notarial Acts in Idaho

“(1) A notarial act may be performed in this state by:
“(a) A notary public of this state; or
“(b) Any other individual authorized to perform the specific act by the law of this state.
“(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notary public described in subsection (1)(a) or (b) of this section conclusively establish the authority of the officer to perform the notarial act” (IC 51-110).

Notarial Acts in U.S. State or Jurisdiction

“(1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notary public of this state if the act performed in that state is performed by:
“(a) A notary public of that state;
“(b) A judge, clerk or deputy clerk of a court of that state; or
“(c) Any other individual authorized by the law of that state to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) or (b) of this section conclusively establish the authority of the officer to perform the notarial act” (IC 51-111).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notary public of this state if the act performed in the jurisdiction of the tribe is performed by:
“(a) A notary public of the tribe; or
“(b) Any other individual authorized by the law of the tribe to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act under the authority and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) or (b) of this section conclusively establish the authority of the officer to perform the notarial act” (IC 51-112).

Notarial Acts Under Federal Law

“(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notary public of this state if the act performed under federal law is performed by:
“(a) A judge, clerk or deputy clerk of a court;
“(b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(c) An individual designated as a notarizing officer by the United States department of state for performing notarial acts overseas; or
“(d) Any other individual authorized by federal law to perform the notarial act.
“(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of an officer described in subsection (1)(a), (b) or (c) of this section conclusively establish the authority of the officer to perform the notarial act” (IC 51-113).

Notarial Acts in Foreign State

“(1) As used in this section, “foreign state” means a government other than the United States, a state or a federally recognized Indian tribe.
“(2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notary public of this state.
“(3) If the title of office and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“(4) The signature and official stamp of an individual holding an office described in subsection (3) of this section are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(6) A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (IC 51-114).

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AUTHENTICATION OF NOTARIAL ACTS

Secretary of State

Authenticating certificates for Notaries, including apostilles, are issued only by the Idaho Secretary of State’s office. “It is important to note that the Idaho Secretary of State can authenticate only documents issued by Idaho officials or notarized by Idaho Notaries…The document must be a certified copy or an original notarized document, notarized by an Idaho Notary Public” (website, “Notary Apostilles and Authentications”).

1. Regular Mail Address
   Office of Secretary of State
   Notary Department
   P.O. Box 83720
   Boise, ID 83720-0003

2. Overnight Mail Address
   Office of Secretary of State
   Notary Department
   450 N. 4th St. (SE corner of 4th and State)
   Boise, ID 83702-6027

3. Telephone: 1-208-332-2810

4. Procedure

   1. Mailed and In-Person Requests: Mail or present in person the original document(s) notarized by an Idaho Notary Public or a certified copy and the country to which documents will be sent, along with the appropriate fee.

   2. Request Form: Indicate the name of the country to which the document will be sent. An “Apostille/Certificate of Authentication Request Form,” downloadable from the website, may be used to transmit all needed information.

   3. Fee: $10, for either a regular “authentication” or an apostille. Payable to “Secretary of State.” Payment methods include cash (but the Secretary urges customers not to bring large denomination bills), check, credit card and money order. The “Apostille/Certificate of Authentication Request Form” includes a section to indicate the method of payment.

   4. Delivery

      1. In-Person: “While-you-wait” service is not always possible. The document and authentication certificate will be returned or forwarded to any requesting location by first-class mail.

      2. Overnight Service: “If overnight service is required a pre-addressed, pre-paid airbill must be enclosed with the request” (website, “Apostilles and Authentication FAQ”).

   5. Processing Time: Requests are processed daily.

5. Official School Records: The “Idaho Notary Public Handbook” provides instructions for properly notarizing a school official’s signature on a transcript, diploma or report card. The rules include adding a statement signed by the school official certifying the transcript, diploma or report card is a true and original transcript, diploma or report card and a signature witnessing certificate completed by the Notary.

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