Title 51, NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS

51-101. SHORT TITLE. This chapter shall be known and may be cited as the "Revised Uniform Law on Notarial Acts (2018)."

51-102. DEFINITIONS. As used in this chapter: (1) "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 indiv…

51-103. APPLICABILITY. This chapter applies to a notarial act performed on or after the effective date of this act.

51-104. AUTHORITY TO PERFORM NOTARIAL ACT. (1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. (2) A notary public may not perform a notarial act with respect to a record to which the notary public or the n…

51-105. REQUIREMENTS FOR CERTAIN NOTARIAL ACTS. (1) 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 a…

51-106. PERSONAL APPEARANCE REQUIRED. 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.

51-107. IDENTIFICATION OF INDIVIDUAL. (1) 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 ind…

51-108. AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT. (1) 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 signat…

51-109. SIGNATURE IF INDIVIDUAL UNABLE TO SIGN. 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 shall insert "Signature affixed by (name of …

51-110. NOTARIAL ACT IN THIS STATE. (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 nota…

51-111. NOTARIAL ACT IN ANOTHER STATE. (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…

51-112. NOTARIAL ACT 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 …

51-113. NOTARIAL ACT UNDER FEDERAL AUTHORITY. (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…

51-114. FOREIGN NOTARIAL ACT. (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…

51-114A. NOTARIAL ACT PERFORMED BY REMOTELY LOCATED INDIVIDUAL. (1) As used in this section: (a) "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 si…

51-115. CERTIFICATE OF NOTARIAL ACT. (1) A notarial act must be evidenced by a certificate. 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 n…

51-116. SHORT FORM CERTIFICATES. The following short form certificates of notarial acts are sufficient for the purposes indicated if completed with the information required by section 51-115(1) and (2), Idaho Code: (1) For an acknowledgment in an individual capacity: State of ___…

51-116A. ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY. (1) As used in this section: (a) A corporation, partnership, limited liability company, trust or other legal entity that is the party executing an instrument and the party, or one of the parties, to be bound thereby s…

51-117. OFFICIAL STAMP. The official stamp of a notary public: (1) Must include the notary public's name, the words "Notary Public," the words "State of Idaho," and the notary's state-issued commission number; (2) Must include a serrated or milled-edge border in a rectangular or …

51-118. STAMPING DEVICE. (1) The stamping device for tangible records must be an inked stamp 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. The stamp shall not exceed two a…

51-120. NOTIFICATION REGARDING PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD -- SELECTION OF TECHNOLOGY -- ACCEPTANCE OF TANGIBLE COPY OF ELECTRONIC RECORD. (1) A notary public may select one (1) or more tamper-evident technologies to perform notarial acts with respect to elec…

51-121. COMMISSION AS NOTARY PUBLIC -- QUALIFICATIONS -- NO IMMUNITY OR BENEFIT -- REAPPOINTMENT. (1) An individual qualified under subsection (2) of this section may make application to the secretary of state for a commission as a notary public. The application shall be in a for…

51-122. COURSE OF STUDY. 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 relevan…

51-123. GROUNDS TO DENY, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC. (1) The secretary of state may deny, revoke, suspend or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, co…

51-124. DATABASE OF NOTARIES PUBLIC. 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 s…

51-125. PROHIBITED ACTS. (1) 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 p…

51-126. VALIDITY OF NOTARIAL ACTS. 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. The validity of a …

51-127. RULES. (1) The secretary of state may adopt rules to implement this chapter. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a sp…

51-128. NOTARY PUBLIC COMMISSION IN EFFECT. A commission as a notary public in effect on the effective date of this act continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after the effective date of this act is subje…

51-129. SAVINGS CLAUSE. This chapter does not affect the validity or effect of a notarial act performed before the effective date of this act.

51-130. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

51-131. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15…

51-132. FILING FEES. (1) The fee for filing an application for appointment as a notary public shall be thirty dollars ($30.00). (2) The fee for filing an application for electronic notarization authorization shall be twenty dollars ($20.00). (3) There shall be no fee charged for …

51-133. NOTARY FEE. (1) A notary public may, for any notarial act, charge a fee not to exceed five dollars ($5.00). (2) In addition to the fee, a notary public may be compensated for actual and reasonable expense of travel to a place where the notarial act is to be performed. (3)…