ID Notary - Idaho Notary Proper Notarization Procedures Questions and Answers — Questions and Answers
Question 1: An individual presents a document for notarization that has already been signed. Which of the following notarial acts can an Idaho notary properly perform?
- Jurat
- Acknowledgment (Correct answer)
- Certified Copy
- Witnessing a signature
Correct answer: Acknowledgment
For an acknowledgment, the signer must personally appear before the notary and affirm that the signature on the document is their own and was made willingly. The document can be signed before being presented to the notary. For a jurat or witnessing a signature, the document must be signed in the notary's presence.
Question 2: Which of the following is a mandatory requirement for an official notary stamp in Idaho?
- The notary's commission expiration date
- The address of the notary
- The notary's state-issued commission number (Correct answer)
- The phone number of the notary
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 3: A person asks an Idaho notary to draft a simple power of attorney document and then notarize it. How should the notary respond?
- Draft the document as requested and charge a separate fee for the drafting service.
- Refuse to draft the document but offer to notarize it if drafted by someone else. (Correct answer)
- Draft the document but refuse to charge a fee for the drafting service.
- Refer the person to a pre-approved template from the Secretary of State's website.
Correct answer: Refuse to draft the document but offer to notarize it if drafted by someone else.
Idaho law explicitly prohibits notaries public from drafting legal records or giving legal advice unless they are also a licensed attorney. Doing so constitutes the unauthorized practice of law. The correct action is to decline drafting the document but explain that they can perform the notarization once the document is properly prepared by the signer or another authorized individual.
Question 4: Regarding the use of a notary journal in Idaho for traditional, in-person notarizations, which statement is correct?
- The journal is required and must be submitted to the Secretary of State annually.
- The journal is optional, but if kept, it must be a permanently bound book with pre-numbered pages.
- The journal is not required by law, but it is strongly recommended as a best practice. (Correct answer)
- The journal is only required for notarizations involving real estate transactions.
Correct answer: The journal is not required by law, but it is strongly recommended as a best practice.
Idaho law does not legally require notaries to maintain a journal for traditional or electronic notarizations. However, the Secretary of State strongly recommends it as a best practice to protect the notary and the public. While specific formats are recommended if a journal is kept, its use is not mandatory.
Question 5: An Idaho notary is presented with a valid, unexpired Canadian driver's license as proof of identity. What should the notary do?
- Accept the Canadian driver's license as it is a government-issued photo ID.
- Reject the ID and require a passport, U.S. driver's license, or other state-approved ID. (Correct answer)
- Accept the ID only if the person also has a secondary form of identification.
- Require a credible witness in addition to the Canadian driver's license.
Correct answer: Reject the ID and require a passport, U.S. driver's license, or other state-approved ID.
Acceptable forms of identification in Idaho must be issued by a state or federal government entity of the United States. A foreign passport is acceptable if stamped by U.S. Citizenship and Immigration Services (USCIS), but a foreign driver's license is not on the list of approved IDs. Therefore, the notary must refuse this form of ID and request an acceptable alternative.
Question 6: Under what circumstances may an Idaho notary refuse to perform a notarial act?
- When the notary has a personal disagreement with the content of the document.
- If the notary is not satisfied that the signer is competent or is signing knowingly and voluntarily. (Correct answer)
- If the signer is not a resident of the state of Idaho.
- Under no circumstances, as a notary is a public official required to serve all.
Correct 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.
ID Notary - Idaho Notary Proper Notarization Procedures Questions and Answers
An individual presents a document for notarization that has already been signed.
Which of the following notarial acts can an Idaho notary properly perform?