Notarization Process and Identification
Notarization Process and Identification
This domain tests the steps that make a notarial act valid: personal appearance, identity verification, willingness, and presence at signing. Idaho notaries must be able to state in the certificate that the signer appeared and was identified by satisfactory evidence.
Core rules
- The signer must physically appear before the notary (or appear by approved electronic means for an authorized eNotary).
- Identify the signer by personal knowledge or satisfactory evidence. Satisfactory evidence normally means a current government-issued identification document with a photograph and signature.
- If the notary does not know the signer and the signer lacks acceptable ID, a credible witness may identify the signer if the witness is personally known to the notary and knows the signer.
- For a jurat, administer the oath or affirmation and watch the signer sign. For an acknowledgment, confirm that the signer acknowledges the signature.
- Check that the name on the ID and document is consistent; note discrepancies before completing the certificate.
- The notary must not decide the document's legal effect or give legal advice.
Worked example
A signer presents an expired driver's license. The notary does not personally know the signer. The expired license is not satisfactory evidence, so the notary should decline until the signer produces current acceptable ID or a qualifying credible witness appears. If the notary personally knows the signer, personal knowledge can support the act even without the ID, but the certificate should reflect the basis used.
Traps
Do not rely on a photocopy of an ID or a name on a document. Do not notarize for a signer who is not present. Do not administer an oath for an acknowledgment; it is the wrong ceremony. Do not notarize your own signature or a document where you are a party.