Section 51-101 – SHORT TITLE.

51-101. SHORT TITLE. This chapter shall be known and may be cited as the "Revised Uniform Law on Notarial Acts (2018)." History: [51-101, added 2017, ch. 192, sec. 3, p. 441; am. 2019, ch. 160, sec. 2, p. 521.]

Section 51-102 – DEFINITIONS.

51-102. DEFINITIONS. As used in this chapter: (1) "Acknowledgment" means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it […]

Section 51-103 – APPLICABILITY.

51-103. APPLICABILITY. This chapter applies to a notarial act performed on or after the effective date of this act. History: [51-103, added 2017, ch. 192, sec. 3, p. 442.]

Section 51-104 – AUTHORITY TO PERFORM NOTARIAL ACT.

51-104. AUTHORITY TO PERFORM NOTARIAL ACT. (1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter. (2) A notary public may not perform a notarial act with respect to a record to which the notary public or the notary public’s spouse is […]

Section 51-105 – REQUIREMENTS FOR CERTAIN NOTARIAL ACTS.

51-105. REQUIREMENTS FOR CERTAIN NOTARIAL ACTS. (1) A notary public who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notary public and making the acknowledgment has the identity claimed and that the signature on the record is […]

Section 51-106 – PERSONAL APPEARANCE REQUIRED.

51-106. PERSONAL APPEARANCE REQUIRED. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notary public. History: [51-106, added 2017, ch. 192, sec. 3, p. 443.]

Section 51-107 – IDENTIFICATION OF INDIVIDUAL.

51-107. IDENTIFICATION OF INDIVIDUAL. (1) A notary public has personal knowledge of the identity of an individual appearing before the notary public if the individual is personally known to the notary public through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (2) A notary public has satisfactory evidence of the […]

Section 51-108 – AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT.

51-108. AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT. (1) A notary public may refuse to perform a notarial act if the notary public is not satisfied that: (a) The individual executing the record is competent or has the capacity to execute the record; or (b) The individual’s signature is knowingly and voluntarily made. (2) A […]

Section 51-109 – SIGNATURE IF INDIVIDUAL UNABLE TO SIGN.

51-109. SIGNATURE IF INDIVIDUAL UNABLE TO SIGN. If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual’s name on the record. The notary public shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" […]

Section 51-110 – NOTARIAL ACT IN THIS STATE.

51-110. NOTARIAL ACT IN THIS STATE. (1) A notarial act may be performed in this state by: (a) A notary public of this state; or (b) Any other individual authorized to perform the specific act by the law of this state. (2) The signature and title of an individual performing a notarial act in this […]

Section 51-111 – NOTARIAL ACT IN ANOTHER STATE.

51-111. NOTARIAL ACT IN ANOTHER STATE. (1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notary public of this state if the act performed in that state is performed by: (a) A notary public of that state; (b) A judge, clerk […]

Section 51-112 – NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED INDIAN TRIBE.

51-112. NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED INDIAN TRIBE. (1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notary public of this state if the act performed in the jurisdiction of the tribe is performed by: […]

Section 51-113 – NOTARIAL ACT UNDER FEDERAL AUTHORITY.

51-113. NOTARIAL ACT UNDER FEDERAL AUTHORITY. (1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notary public of this state if the act performed under federal law is performed by: (a) A judge, clerk or deputy clerk of a court; (b) […]

Section 51-114 – FOREIGN NOTARIAL ACT.

51-114. FOREIGN NOTARIAL ACT. (1) As used in this section, "foreign state" means a government other than the United States, a state or a federally recognized Indian tribe. (2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed […]

Section 51-114A – NOTARIAL ACT PERFORMED BY REMOTELY LOCATED INDIVIDUAL.

51-114A. NOTARIAL ACT PERFORMED BY REMOTELY LOCATED INDIVIDUAL. (1) As used in this section: (a) "Communication technology" means an electronic device or process that: (i) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and (ii) When necessary and consistent with other applicable law, facilitates […]

Section 51-115 – CERTIFICATE OF NOTARIAL ACT.

51-115. CERTIFICATE OF NOTARIAL ACT. (1) A notarial act must be evidenced by a certificate. The certificate must: (a) Be executed contemporaneously with the performance of the notarial act; (b) Be signed and dated by the notary public; (c) Identify the jurisdiction in which the notarial act is performed; and (d) Indicate the date of […]

Section 51-116 – SHORT FORM CERTIFICATES.

51-116. SHORT FORM CERTIFICATES. The following short form certificates of notarial acts are sufficient for the purposes indicated if completed with the information required by section 51-115(1) and (2), Idaho Code: (1) For an acknowledgment in an individual capacity: State of ______________________ County of _____________________ This record was acknowledged before me on _____ by ____________________ […]

Section 51-116A – ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY.

51-116A. ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY. (1) As used in this section: (a) A corporation, partnership, limited liability company, trust or other legal entity that is the party executing an instrument and the party, or one of the parties, to be bound thereby shall be referred to as the "maker" of the […]

Section 51-117 – OFFICIAL STAMP.

51-117. OFFICIAL STAMP. The official stamp of a notary public: (1) Must include the notary public’s name, the words "Notary Public," the words "State of Idaho," and the notary’s state-issued commission number; (2) Must include a serrated or milled-edge border in a rectangular or circular form; (3) May include the words "my commission expires:" followed […]

Section 51-118 – STAMPING DEVICE.

51-118. STAMPING DEVICE. (1) The stamping device for tangible records must be an inked stamp that provides an image of the notary’s official stamp that meets the requirements of section 51-117, Idaho Code, and that is readily visible upon copying. The stamp shall not exceed two and one-fourth (2.25) inches by one (1) inch if […]