ID Notary - Idaho Notary Performing Notarial Acts Questions and Answers — Questions and Answers
Question 1: 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?
- Jurat
- Verification upon oath or affirmation
- Acknowledgment (Correct answer)
- Certified Copy
Correct 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.
Question 2: An Idaho notary is asked to notarize a document for a person who is physically unable to sign their name. According to Idaho law, what is the correct procedure?
- The notary may sign the principal's name at their direction.
- The principal may make an 'X' on the signature line, which the notary then notarizes.
- The principal may direct another individual, other than the notary, to sign on their behalf. (Correct answer)
- The notarial act cannot be performed if the principal is unable to sign.
Correct answer: The principal may direct another individual, other than the notary, to sign on their behalf.
Idaho Code §51-109 specifically allows an individual who is physically unable to sign to direct another person, who cannot be the notary, to sign on their behalf. The notary must then add the words 'Signature affixed by (Name of individual) at the direction of (Name of person physically unable to sign)'.
Question 3: Which of the following statements regarding a notary journal in Idaho is correct?
- Notaries are required by law to maintain a journal for all notarial acts.
- A journal is only required for Remote Online Notarizations.
- Notaries are not required to keep a journal, but it is strongly recommended as a best practice. (Correct answer)
- If a journal is kept, it must be surrendered to the Secretary of State upon commission expiration.
Correct answer: Notaries are not required to keep a journal, but it is strongly recommended as a best practice.
Idaho law does not mandate that notaries maintain a journal for traditional or electronic notarizations. However, the Secretary of State strongly recommends keeping a detailed journal as a best practice to protect the notary from liability.
Question 4: A customer asks you, an Idaho notary, to travel to their office to notarize a business contract. The notarial act is an acknowledgment. What is the maximum fee you can charge for this service, excluding travel expenses?
- $2.00
- $10.00
- $5.00 (Correct answer)
- A reasonable fee agreed upon with the signer.
Correct answer: $5.00
According to Idaho Code §51-133, the maximum fee a notary public may charge for any single notarial act is five dollars ($5.00). This fee is separate from any actual and reasonable travel expenses that may also be charged.
Question 5: When performing a notarial act in Idaho, which of the following is NOT considered satisfactory evidence of identity on its own?
- A U.S. passport that expired two years ago.
- A current, state-issued driver's license from Oregon.
- Personal knowledge of the individual through sufficient prior dealings.
- A birth certificate combined with a signed credit card. (Correct answer)
Correct answer: A birth certificate combined with a signed credit card.
Satisfactory evidence of identity in Idaho includes personal knowledge or government-issued identification like a passport or driver's license (which can be expired for no more than three years). A birth certificate and credit card do not meet the statutory requirements for a government-issued ID card with a photo or signature.
Question 6: An Idaho notary is presented with a document and the signer is unsure whether they need an acknowledgment or a jurat. What should the notary do?
- Advise the signer to choose the jurat because it is more secure.
- Choose the notarial act for the signer based on the document's title.
- Refuse to perform the notarization until the signer gets a new document.
- Explain the difference between the two acts but state that the signer must choose which one is required. (Correct answer)
Correct answer: Explain the difference between the two acts but state that the signer must choose which one is required.
A notary public is prohibited from the unauthorized practice of law, which includes advising a signer on what type of notarization is needed. The notary can describe the features of an acknowledgment and a jurat but must not choose the notarial act for the signer. The signer should contact the document's originator or a lawyer for that advice.
ID Notary - Idaho Notary Performing Notarial Acts Questions and Answers
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?