Idaho Notary Public Knowledge Assessment — Questions and Answers

Question 1: Which of the following activities is an Idaho notary public expressly prohibited from performing?

Selecting the type of notarial certificate on behalf of the signer. (Correct answer)
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.
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 2: Which of the following is a prohibited act for an Idaho notary public?

Notarizing a document for a friend
Notarizing documents after verifying the signer's ID
Notarizing a document that contains blanks (Correct answer)
Notarizing a document written in a foreign language

Correct answer: Notarizing a document that contains blanks

Idaho notary law strictly prohibits notarizing documents that contain blanks. This rule is in place to prevent fraud and ensure the integrity of the document, as information could be added after the notarization without the signer's knowledge or consent. A notary's duty is to verify the completeness and authenticity of the document at the time of notarization.

Question 3: What information should an Idaho notary record in their journal when administering an oath or affirmation?

Only the notary fee charged and the date of the transaction
The notary's personal assessment of the document's legal validity
The date, type of notarial act, document description, signer's name, and identification method used (Correct answer)
A verbatim transcript of the entire oath ceremony

Correct answer: The date, type of notarial act, document description, signer's name, and identification method used

Idaho notary journal entries for oaths and affirmations should capture the date, type of act performed, a description of the document, the signer's name, and the method used to identify the signer.

Question 4: What is the first step in becoming a notary public in Idaho?

Complete a training course (Correct answer)
Purchase a notary seal
Submit a notarized application
Obtain a $10,000 surety bond

Correct answer: Complete a training course

The first step in becoming an Idaho notary public is to complete an approved training course. This ensures that prospective notaries understand their duties, responsibilities, and the legal framework governing notarizations. The training is a foundational requirement to prepare individuals for the ethical and legal demands of the office.

Question 5: Which of the following is a mandatory requirement for an official notary stamp in Idaho?

The notary's commission expiration date
The phone number of the notary
The address of the notary
The notary's state-issued commission number (Correct answer)

Correct answer: The notary's state-issued commission number

According to Idaho law, every official notary stamp must contain the notary's name as it appears on the commission, the words "Notary Public," the words "State of Idaho," and the notary's state-issued commission number. Including the commission expiration date is optional but recommended.

Question 6: An Idaho notary public is asked to notarize a will for a family member without witnessing the signing. What should the notary do?

Request a higher fee for notarizing without witnessing the signature
Notarize the will if it appears legitimate
Refuse to notarize the will (Correct answer)
Notarize the will and sign on behalf of the family member

Correct answer: Refuse to notarize the will

A notary's primary duty is to verify the identity of the signer and witness their signature, which necessitates the signer's physical presence. Notarizing a will for a family member without witnessing the signing creates a conflict of interest and violates the fundamental requirement of observing the act of signing. Notaries must refuse such requests to maintain impartiality and adhere to legal standards.

Question 7: Regarding the use of a notary journal for remote online notarizations (RON) in Idaho, which statement is correct?

A journal is only recommended for remote notarizations involving real estate transactions.
A notary must maintain a separate, physical, bound journal exclusively for all RON acts.
Idaho law mandates that all RON platforms automatically generate and store a journal entry for every transaction.
While not legally required, it is a recommended best practice to chronicle all remote notarial acts in a journal, which can be in a tangible or electronic format. (Correct answer)

Correct answer: While not legally required, it is a recommended best practice to chronicle all remote notarial acts in a journal, which can be in a tangible or electronic format.

Idaho law does not legally mandate a notary journal for any type of notarization, including remote online notarizations. However, the Secretary of State strongly recommends it as a best practice. For remote notarizations, administrative rules state a notary may elect to maintain one or more journals in either a tangible (bound paper) or electronic format.

Question 8: What is the key distinction between an oath and an affirmation under Idaho notary law?

An oath invokes a divine being, while an affirmation is a solemn pledge without religious reference (Correct answer)
An oath requires the signer to stand, while an affirmation may be given seated
An oath is legally binding, while an affirmation is not enforceable in court
An oath is only for government documents, while an affirmation is for private documents

Correct answer: An oath invokes a divine being, while an affirmation is a solemn pledge without religious reference

Under Idaho law, an oath invokes a divine being while an affirmation is a secular solemn pledge — both carry the same legal weight and perjury consequences.

Question 9: In which scenario can a notary use a credible witness to verify the identity of a signer?

When the notary personally knows the signer
When the signer doesn’t have any form of ID (Correct answer)
When the document is signed in the notary's absence
When the signer has two forms of expired identification

Correct answer: When the signer doesn’t have any form of ID

In Idaho, a notary can use a credible witness to verify a signer's identity only when the signer does not possess any satisfactory form of identification. The credible witness must personally know the signer and be known to the notary, or be identified by the notary through satisfactory evidence, and swear or affirm to the signer's identity. This method serves as a last resort when traditional ID is unavailable.

Question 10: During a remote online notarization, the Idaho notary does not personally know the signer. Which of the following methods is an acceptable way to verify the signer's identity under Idaho law?

Presentation of a single piece of government-issued photo ID via webcam.
An oath or affirmation from a credible witness who is also remotely located. (Correct answer)
Verbal confirmation of the signer's date of birth and social security number.
Receiving a scanned copy of the signer's ID via email before the session.

Correct answer: An oath or affirmation from a credible witness who is also remotely located.

Idaho law allows for identity verification through satisfactory evidence, which includes the oath or affirmation of a credible witness. This credible witness can also appear remotely, provided the notary can properly identify the witness. Simply stating personal information is insufficient, and identity proofing for remote notarization requires more than just showing an ID to the camera; it often involves credential analysis and knowledge-based authentication.

Question 11: A signer is in a hurry and questions the need to sign a notary's journal for a traditional acknowledgment, correctly stating that Idaho law doesn't require a journal for in-person acts. What is the notary's BEST response?

Complete the journal entry but forge the signer's signature for the record.
Explain that the journal protects all parties by creating a credible record of the act and strongly encourage them to sign. (Correct answer)
Skip the journal entry to provide faster customer service.
Refuse to perform the notarization unless the signer signs the journal.

Correct answer: Explain that the journal protects all parties by creating a credible record of the act and strongly encourage them to sign.

The Idaho Secretary of State strongly recommends keeping a journal as a best practice. The purpose is to create a reliable record that protects the public, the signer, and the notary. The best course of action is to professionally explain this benefit rather than skipping the entry or refusing the service, as the journal is not legally mandatory for the signer in this context.

Question 12: Which of the following is NOT a requirement to become a Notary Public in Idaho?

Be at least 18 years old.
Be a registered voter in the state of Idaho. (Correct answer)
Be a resident of Idaho or have a place of employment in the state.
Be a citizen or permanent legal resident of the United States.

Correct answer: Be a registered voter in the state of Idaho.

While there are several eligibility requirements to become a notary in Idaho, such as age and residency, being a registered voter is not one of them.

Question 13: 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 calculated based on a state-mandated per-mile rate.
The total invoice, including travel, cannot exceed $50.00.
The travel fee must be itemized separately from the notarization fees. (Correct answer)
The travel fee cannot exceed the total notarization fees.

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 14: A prospective notary in Idaho has completed the online application. What is the immediate next step in the commissioning process before submitting the application to the Secretary of State?

Print the application and have the Oath of Office notarized. (Correct answer)
Complete a mandatory state-proctored exam.
File the application with the local county clerk's office.
Purchase a notary stamp and journal.

Correct answer: Print the application and have the Oath of Office notarized.

After filling out the application online, the applicant must print it, sign the embedded Oath of Office, and have that signature notarized by a currently commissioned notary before submitting it with the bond and fee.

Question 15: What two requirements must both be satisfied for an Idaho notary to properly complete a jurat?

The document must be notarized and then filed with the county recorder's office
The signer must present two forms of ID and have signed the document before arriving
The signer must pay the notary fee in advance and return within 30 days to swear
The document must be signed in the notary's presence AND the signer must take an oath or affirmation (Correct answer)

Correct answer: The document must be signed in the notary's presence AND the signer must take an oath or affirmation

A jurat requires both that the signer executes the document in the notary's physical presence and takes an oath or affirmation attesting to the document's truthfulness.

Question 16: Which of the following is an example of proper jurat certificate wording in Idaho?

The foregoing instrument was acknowledged before me by ___ as ___ of ___.
Subscribed and sworn to (or affirmed) before me this ___ day of ___ by ___. (Correct answer)
Acknowledged before me this ___ day of ___, by ___.
I certify this is a true and correct copy of the original document.

Correct answer: Subscribed and sworn to (or affirmed) before me this ___ day of ___ by ___.

Proper Idaho jurat certificate wording includes language indicating the document was 'subscribed and sworn to (or affirmed)' before the notary on a specific date.

Question 17: Can an Idaho notary legally administer an oath to themselves for a personal affidavit?

No, unless they are also licensed as an attorney in Idaho
No, a notary cannot notarize their own signature or administer oaths to themselves (Correct answer)
Yes, if no other notary is available within a reasonable distance
Yes, for personal affidavits that are unrelated to their official notarial duties

Correct answer: No, a notary cannot notarize their own signature or administer oaths to themselves

Idaho notaries are prohibited from notarizing their own signatures or administering oaths to themselves, as this creates a conflict of interest that undermines the integrity of the notarial act.

Question 18: 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.
$5.00 for the first signature, $2.50 for the second, plus a travel fee based on the county's official rate.
$10.00 for the two notarizations (2 x $5.00) plus a reasonable, separately stated travel fee. (Correct answer)

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.

Question 19: An Idaho notary is asked to notarize a document for their spouse. What should the notary do?

Charge double the normal fee for notarization
Notarize the document but avoid using their seal
Notarize the document if their spouse provides proper identification
Refuse to notarize the document due to a conflict of interest (Correct answer)

Correct answer: Refuse to notarize the document due to a conflict of interest

Idaho notary law, like most states, prohibits notaries from performing notarizations where they have a direct beneficial interest, which includes notarizing documents for a spouse. This is considered a conflict of interest because the notary or their immediate family could personally gain from the transaction. Notaries must remain impartial and avoid situations that compromise their objectivity.

Question 20: Which of the following is NOT allowed under Idaho law for notaries public?

Certifying a copy of a document
Refusing to perform a notarization due to improper ID
Administering an oath
Offering legal advice to the signer (Correct answer)

Correct answer: Offering legal advice to the signer

Notaries public are ministerial officers and are strictly prohibited from offering legal advice, interpreting documents, or assisting in the drafting of legal instruments. This constitutes the unauthorized practice of law, which requires a licensed attorney. A notary's role is limited to verifying identities and witnessing signatures, not providing legal counsel.

Question 21: 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 may notarize the documents if a co-worker is present as a witness.
The notary must refuse to notarize the documents. (Correct answer)
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 22: What is the primary purpose of the $10,000 surety bond required for Idaho notaries?

To generate revenue for the Secretary of State's office.
To cover the cost of the notary's seal and other supplies.
To serve as an insurance policy protecting the notary from lawsuits.
To protect the public from financial harm caused by the notary's misconduct or negligence. (Correct answer)

Correct answer: To protect the public from financial harm caused by the notary's misconduct or negligence.

The surety bond is not insurance for the notary; it is a protection for the public. If a successful claim is made against the bond due to a notary's error or intentional wrongdoing, the bonding company will pay, and the notary must then reimburse the company.

Question 23: When an Idaho notary performs a remote online notarization, what specific action is required regarding the recording of the session?

The notary must take several screenshots of the signer and their ID.
The notary must keep a detailed written transcript of the session for five years.
The notary must retain an audio-visual recording of the notarial act for at least ten years. (Correct answer)
The notary must only record the audio portion of the session to protect the signer's privacy.

Correct answer: The notary must retain an audio-visual recording of the notarial act for at least ten years.

Idaho Code 51-114A(6) explicitly requires that the notary retain, or cause to be retained, the audio-visual recording of the remote online notarization for a minimum of ten years after the recording is made. A written transcript, screenshots, or an audio-only recording do not meet this statutory requirement.

Question 24: A person from Oregon works at a company in Boise, Idaho. They spend their work week in Idaho but return to Oregon on weekends. Are they eligible to become an Idaho Notary Public?

No, they must reside in Idaho for at least 6 months prior to applying.
Yes, but only if they own property in Idaho.
Yes, because they have a place of employment within Idaho. (Correct answer)
No, only permanent residents of Idaho can become notaries.

Correct answer: Yes, because they have a place of employment within Idaho.

Idaho law allows individuals who are not residents of the state to become notaries if they have a regular place of employment or practice within Idaho.

Question 25: Regarding the physical characteristics of a rectangular official notary stamp in Idaho, what are the maximum dimensions?

3 inches by 1.5 inches
2.25 inches by 1 inch (Correct answer)
2.5 inches by 1.25 inches
2 inches by 2 inches

Correct answer: 2.25 inches by 1 inch

As of October 1, 2018, Idaho law specifies that a rectangular notary stamp shall not exceed two and one-fourth (2.25) inches by one (1) inch.

Question 26: An Idaho notary authorized to perform remote online notarizations (RON) is conducting a session with a signer located in another country. According to Idaho law, what condition must be met for this notarization to be valid?

The notarial act must not be prohibited by the foreign state where the signer is located. (Correct answer)
The signer must be a U.S. citizen.
The notary must charge an additional international service fee.
The document must be written in English.

Correct answer: The notarial act must not be prohibited by the foreign state where the signer is located.

Idaho Code 51-114A allows a notary to perform a remote online notarization for a remotely located individual outside the United States, provided the act is not prohibited by the laws of the foreign state where the individual is located. The signer's citizenship, the document's language, and fees are not the primary legal conditions for the validity of the act itself under this statute.

Idaho Notary Public Knowledge Assessment

Covers Idaho notary public law and practice across all seven official Idaho Secretary of State training chapters, including qualifications, commissioning, notarial acts, fees, prohibitions, and remote notarization under Idaho Code Title 51.

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50 min

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70%

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