ID Notary - Idaho Notary Allowable Fees and Prohibitions 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?

Accepted Answer

$5.00

Answer

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?

Accepted Answer

The travel fee must be itemized separately from the notarization fees.

Answer

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?

Accepted Answer

Selecting the type of notarial certificate on behalf of the signer.

Answer

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?

Accepted Answer

The notary must refuse to notarize the documents.

Answer

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?

Accepted Answer

A disclaimer stating they are not an attorney and cannot give legal advice.

Answer

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."

ID Notary - Idaho Notary Exam Practice Test

ID Notary - Idaho Notary Exam Practice Test

ID Notary - Idaho Notary Allowable Fees and Prohibitions Questions and Answers