Idaho Notary cheat sheet

Idaho requires a notary applicant to file a $10,000 surety bond with the Secretary of State before the commission is issued; the bond runs to the State of Idaho for the benefit of injured parties.

The bond must be executed by a licensed surety company authorized to do business in Idaho, and the applicant pays the premium; a bond is not the same as errors-and-omissions insurance.

A new or renewing applicant submits a completed application to the Secretary of State, pays the statutory filing fee, and takes an oath of office; the oath may be administered by any Idaho notary or other officer authorized to administer oaths.

Idaho does not require a notary applicant to pass a state-administered exam or complete a mandatory training course as a condition of commissioning.

The commission term is four years; a notary may continue to perform notarial acts only while the commission is unexpired and the bond remains in force.

A surety bond claim requires proof of a wrongful act or omission causing a monetary loss; the bond does not protect the notary personally from liability.

An applicant must be at least 18 years old, a resident of Idaho or otherwise eligible under statute, and able to read and write English.

If the bond lapses or is cancelled, the notary's authority is affected; the notary must obtain a replacement bond and notify the Secretary of State.

The official stamp must contain the notary's name exactly as it appears on the commission, the words "Notary Public," the words "State of Idaho," and the expiration date of the commission.

The stamp may be a rubber inked stamp or a metal embosser, but it must be capable of producing a legible, reproducible impression.

The stamp must not contain the notary's Social Security number, home address, or any advertising or promotional text.

A notary may possess only one official stamp at a time; a second or replacement stamp requires the existing one to be destroyed or surrendered.

The notary's name on the stamp must match the commissioned name; a nickname or abbreviated form is not permitted unless it is the commissioned name.

If the stamp is lost, stolen, or damaged, the notary must notify the Secretary of State and obtain a new stamp; the old stamp's impressions are no longer valid once replaced.

The stamp is applied only after the notarial certificate is completed and the signer has signed the document in the notary's presence.

An illegible or incomplete stamp impression renders the notarial act defective; the notary should re-stamp the certificate if the original is unreadable.

Idaho notaries may perform acknowledgments, jurats, oaths and affirmations, verification on oath or affirmation, witness of signature, and copy certification.

A jurat certificate must state that the signer personally appeared, signed in the notary's presence, and was sworn or affirmed; the notary administers the oath before the signer signs.

An acknowledgment certificate states that the signer personally appeared, was identified, and acknowledged executing the document voluntarily for its stated purpose.

The notary must complete the certificate with the date of the act, the venue (State of Idaho, County of ___ ), the notary's signature, and the stamp.

Idaho sets a maximum fee of $10 per notarial act; a notary may charge less or nothing but may not exceed the statutory cap.

A notary may not perform a notarial act on a document in which the notary is a signer, a party, or has a direct beneficial interest.

The certificate must be attached to or logically associated with the document; a loose certificate not tied to the document is not sufficient.

A notary may certify a copy of a document only if the original is presented and the notary can determine it is not a public record or a document whose copy certification is prohibited by law.

The signer must personally appear before the notary at the time of the act; appearance by video, phone, or through an agent is not sufficient for a traditional notarial act.

Acceptable identification includes a government-issued photo ID (driver's license, passport, state ID) that is current or expired no more than three years, or a credible witness personally known to the notary.

The notary must compare the photo and physical description on the ID to the signer and confirm the name matches the name on the document.

The notary must screen for willingness and awareness: the signer must be able to communicate and must not be under duress or undue influence.

The notary must determine that the signer understands the nature of the document and is signing voluntarily; if not, the notary must refuse the act.

The notary records the act in a journal: date, time, type of act, signer's name, ID type and number, and signature of the signer.

The notary must not sign the certificate before the signer signs the document; the sequence is signer signs, notary completes certificate, notary stamps and signs.

If the signer cannot produce acceptable ID and no credible witness is available, the notary must decline to perform the act.

An Idaho notary may perform electronic notarial acts only after registering with the Secretary of State and using an approved electronic notarization system.

The electronic notary must use a digital certificate and an electronic seal that meets the state's technical requirements; the seal must include the same elements as the physical stamp.

The notary must keep an electronic journal of all electronic notarial acts and must be able to produce a tamper-evident record.

The signer's identity for an electronic act must be verified by an approved method, such as knowledge-based authentication, credential analysis, or a trusted referee.

A notary who changes name or address must notify the Secretary of State within 30 days and obtain a new stamp or electronic seal reflecting the change.

A notary who moves out of Idaho must resign the commission; the commission is tied to Idaho residency or eligibility under statute.

A notary may resign by written notice to the Secretary of State; the bond and stamp must be handled according to the resignation instructions.

A commission may be revoked or suspended for misconduct, and the notary must surrender the stamp and records upon revocation.

The notary journal is the notary's property; it must be retained for at least five years after the last entry and made available to the Secretary of State upon request.

The notary must not disclose information from the journal except as required by law or with the signer's consent.

A notary may not notarize a document that is blank or incomplete in a material way; the signer must understand what is being signed.

A notary may not use the title "Notary Public" in advertising in a way that implies legal authority or the ability to give legal advice.

The notary must not perform a notarial act for a family member if the notary has a direct beneficial interest in the document.

A notary who is asked to perform an act outside the scope of the commission (for example, a real estate closing requiring a title agent) must decline.

The notary's commission number and expiration date must be recorded on each certificate; the stamp and certificate must be consistent.

The notary must report a lost or stolen stamp to law enforcement and the Secretary of State; the notary remains responsible for acts performed with the missing stamp until reported.