ID Notary - Idaho Notary Allowable Fees and Prohibitions Questions and Answers — Questions and Answers
Question 1: An Idaho notary is called to a local hospital to perform a jurat for a patient. The notary travels 10 miles round trip. According to Idaho law, what is the MAXIMUM fee the notary can charge for the notarial act itself, excluding any travel fees?
- $10.00
- $5.00 (Correct answer)
- $15.00
- $2.50
Correct answer: $5.00
Idaho Code 51-133 states that a notary public may charge a fee not to exceed five dollars ($5.00) for any single notarial act, such as a jurat or an acknowledgment. Travel fees are separate and must be reasonable.
Question 2: A mobile notary in Idaho agrees to travel to a client's office to notarize three separate documents for one signer. Each document requires an acknowledgment. When presenting the invoice, which of the following is a requirement for charging a travel fee?
- The travel fee must be itemized separately from the notarization fees. (Correct answer)
- The travel fee cannot exceed the total notarization fees.
- The travel fee must be calculated based on a state-mandated per-mile rate.
- The total invoice, including travel, cannot exceed $50.00.
Correct answer: The travel fee must be itemized separately from the notarization fees.
While Idaho law allows a notary to be compensated for actual and reasonable travel expenses, this fee is in addition to the statutory notarization fee. To avoid confusion and the appearance of overcharging for the notarial acts themselves, travel fees should be clearly and separately stated from the per-notarization charges.
Question 3: Which of the following activities is an Idaho notary public expressly prohibited from performing?
- Notarizing a document for a non-U.S. citizen who provides valid identification.
- Charging a fee for a notarial act performed during regular work hours for their employer.
- Selecting the type of notarial certificate on behalf of the signer. (Correct answer)
- Certifying a copy of a U.S. passport.
Correct answer: Selecting the type of notarial certificate on behalf of the signer.
Selecting the appropriate notarial certificate (e.g., acknowledgment vs. jurat) constitutes giving legal advice, which is considered the unauthorized practice of law for a non-attorney notary. The signer or the receiving agency must make this determination.
Question 4: A notary public works for a real estate agency. The notary's spouse is purchasing a property through the agency, and the closing documents require notarization. According to Idaho law, how should the notary proceed?
- The notary may notarize the documents as long as they do not charge a fee.
- The notary must refuse to notarize the documents. (Correct answer)
- The notary may notarize the documents if a co-worker is present as a witness.
- The notary may notarize the documents since the transaction is handled by the agency, not them personally.
Correct answer: The notary must refuse to notarize the documents.
Idaho Code Section 51-104 explicitly prohibits a notary public from performing a notarial act with respect to a record to which the notary's spouse is a party or has a direct beneficial interest. Performing such an act would create a conflict of interest and the notarization would be voidable.
Question 5: An Idaho notary who is not an attorney advertises their services in a local Spanish-language newspaper. To comply with Idaho law regarding prohibited acts, what must be included in the advertisement?
- Their notary commission number and expiration date.
- A list of all statutory fees for notarial acts.
- A disclaimer stating they are not an attorney and cannot give legal advice. (Correct answer)
- Proof of their Errors and Omissions insurance policy.
Correct answer: A disclaimer stating they are not an attorney and cannot give legal advice.
Idaho Code 51-125 prohibits a non-attorney notary from using the term "notario publico" and requires that any advertisement for notarial services includes a specific disclaimer, in the language of the advertisement, stating: "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."
Question 6: A client asks an Idaho notary to notarize a document with two signatures, requiring one acknowledgment for each. The notary also agrees to a travel fee. Which of the following fee structures is allowable under Idaho law?
- A single flat fee of $25.00 to cover everything.
- A $15.00 fee for the two signatures plus a reasonable, separately stated travel fee.
- $10.00 for the two notarizations (2 x $5.00) plus a reasonable, separately stated travel fee. (Correct answer)
- $5.00 for the first signature, $2.50 for the second, plus a travel fee based on the county's official rate.
Correct answer: $10.00 for the two notarizations (2 x $5.00) plus a reasonable, separately stated travel fee.
Idaho law permits a maximum fee of $5.00 per notarial act. Since there are two signatures each requiring a separate acknowledgment, the notary can charge up to $5.00 for each, for a total of $10.00. Any travel fee must be reasonable and stated separately from the notarial fees.
ID Notary - Idaho Notary Allowable Fees and Prohibitions Questions and Answers
An Idaho notary is called to a local hospital to perform a jurat for a patient.
The notary travels 10 miles round trip.
According to Idaho law, what is the MAXIMUM fee the notary can charge for the notarial act itself, excluding any travel fees?