Mixed Deck — All ID NOTARY Topics Flashcards

According to Idaho law and best practices, what is a key difference in journal requirements between a traditional, in-person notarization and a remote online notarization (RON)?

Answer: A journal is recommended for traditional acts but is mandatory for all RONs.

Idaho Code § 51-132 states a notary *may* maintain a journal for traditional notarial acts. However, laws and rules governing remote online notarization (RON) under Idaho Code § 51-114A mandate that a notary *shall* create and maintain a secure electronic record of each remote online notarial act, which functions as the journal.

Under what circumstances may an Idaho notary refuse to perform a notarial act?

Answer: If the notary is not satisfied that the signer is competent or is signing knowingly and voluntarily.

Idaho Code 51-108 explicitly grants a notary the authority to refuse a notarization if they are not satisfied that the individual is competent or has the capacity to execute the record, or if they are not satisfied that the signature is knowingly and voluntarily made. A notary cannot refuse based on personal disagreement with the document's content if the notarial act itself is lawful.

An Idaho notary's commission is about to expire, and they have completed the renewal process. When can they begin using their new official seal that contains the new commission dates?

Answer: On the first day of their new commission term.

A notary must continue to use their existing seal until their current commission expires. The new seal, with the updated commission information, should only be used starting on the effective date of the new commission term.

Under Idaho law, which title contains the statutes governing a notary's authority to administer oaths?

Answer: Idaho Code Title 51 — Notaries Public

Idaho Code Title 51 contains the statutes governing notaries public, including their authority to administer oaths and affirmations.

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?

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.

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?

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.

Which of the following is considered "satisfactory evidence" of a signer’s identity under Idaho notarial law?

Answer: A valid U.S. passport

Under Idaho notarial law, satisfactory evidence of a signer’s identity typically includes current, government-issued identification documents with a photograph and signature. A valid U.S. passport meets these criteria and is widely accepted as a reliable form of identification. Other options like handwritten letters or verbal confirmations are not considered satisfactory evidence.

A notary in Boise is performing a notarization. Which of the following pieces of information is PERMITTED, but not required, on the official notary stamp itself?

Answer: The notary's commission expiration date

Idaho Code §51-117 allows for the inclusion of the words "My commission expires:" followed by the commission expiration date on the official stamp, but it is not mandatory. However, the expiration date must still be indicated on the notarial certificate.

An Idaho notary is required to obtain a surety bond in what amount to be commissioned?

Answer: $10,000

Idaho Code 51-121 requires all notaries operating in the state to purchase and maintain a $10,000 surety bond to be eligible for a commission.

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?

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."

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

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.

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

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.

A signer tells an Idaho notary they cannot take an oath due to religious beliefs. What should the notary do?

Answer: Administer an affirmation instead of an oath

Idaho notaries may administer an affirmation as a legally equivalent alternative to an oath for signers with religious or conscientious objections.

What is the primary purpose of the $10,000 surety bond required for Idaho notaries?

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.

A signer in Idaho brings you a document that has already been signed. For which of the following notarial acts may the signer acknowledge their previous signature without needing to sign again in your presence?

Answer: Acknowledgment

An acknowledgment verifies the identity of the signer and that they signed the document willingly. The key difference from a jurat is that the signing does not have to occur in the notary's presence; the signer must only appear before the notary to acknowledge that the existing signature is theirs.

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

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.

Which of the following is a critical best practice for maintaining the integrity of a paper notary journal?

Answer: Recording all entries chronologically and never leaving blank lines or skipping pages.

A fundamental best practice for any official record-keeping, including a notary journal, is to make entries sequentially and without leaving gaps. This prevents fraudulent or back-dated entries from being inserted, maintaining the journal's integrity as reliable evidence of the notary's acts.

What is the key difference between a document requiring a jurat and one requiring an acknowledgment?

Answer: A jurat verifies the truthfulness of the document's contents under oath; an acknowledgment verifies the signer's voluntary signature

A jurat involves the signer swearing to the truth of the document's contents, while an acknowledgment simply confirms the signer appeared before the notary and signed voluntarily.

What must an Idaho notary do when administering an oath as part of a jurat?

Answer: Ask the affiant to raise their right hand and verbally pledge the truthfulness of their statement

When administering an oath, the notary must ask the affiant to raise their right hand and verbally pledge the truthfulness of their statement, completing the required ceremony.

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

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.