Idaho Notary Public Knowledge Assessment — Questions and Answers

Question 1: An Idaho notary public is asked to notarize a will for a family member without witnessing the signing. What should the notary do?

Notarize the will if it appears legitimate
Request a higher fee for notarizing without witnessing the signature
Refuse to notarize the will (Correct answer)
Notarize the will and sign on behalf of the family member

Correct answer: Refuse to notarize the will

A notary's primary duty is to verify the identity of the signer and witness their signature, which necessitates the signer's physical presence. Notarizing a will for a family member without witnessing the signing creates a conflict of interest and violates the fundamental requirement of observing the act of signing. Notaries must refuse such requests to maintain impartiality and adhere to legal standards.

Question 2: 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?

Proof of their Errors and Omissions insurance policy.
Their notary commission number and expiration date.
A disclaimer stating they are not an attorney and cannot give legal advice. (Correct answer)
A list of all statutory fees for notarial acts.

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

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."

Question 3: An Idaho notary is asked to notarize a document for a person who is physically unable to sign their name. According to Idaho law, what is the correct procedure?

The notary may sign the principal's name at their direction.
The notarial act cannot be performed if the principal is unable to sign.
The principal may make an 'X' on the signature line, which the notary then notarizes.
The principal may direct another individual, other than the notary, to sign on their behalf. (Correct answer)

Correct answer: The principal may direct another individual, other than the notary, to sign on their behalf.

Idaho Code §51-109 specifically allows an individual who is physically unable to sign to direct another person, who cannot be the notary, to sign on their behalf. The notary must then add the words 'Signature affixed by (Name of individual) at the direction of (Name of person physically unable to sign)'.

Question 4: What legal consequence may a person face for making a false statement under an oath administered by an Idaho notary?

The person may be charged with perjury under Idaho criminal law (Correct answer)
The notarial act is automatically voided and the document becomes legally unenforceable
The person must pay a civil fine directly to the Secretary of State's office
The notary is held jointly liable with the signer for the false statement

Correct answer: The person may be charged with perjury under Idaho criminal law

Making a false statement under oath or affirmation constitutes perjury under Idaho law, which is a felony — the oath administered by the notary creates this legal obligation.

Question 5: What is the first step in becoming a notary public in Idaho?

Submit a notarized application
Obtain a $10,000 surety bond
Complete a training course (Correct answer)
Purchase a notary seal

Correct answer: Complete a training course

The first step in becoming an Idaho notary public is to complete an approved training course. This ensures that prospective notaries understand their duties, responsibilities, and the legal framework governing notarizations. The training is a foundational requirement to prepare individuals for the ethical and legal demands of the office.

Question 6: Which of the following is NOT allowed under Idaho law for notaries public?

Offering legal advice to the signer (Correct answer)
Certifying a copy of a document
Refusing to perform a notarization due to improper ID
Administering an oath

Correct answer: Offering legal advice to the signer

Notaries public are ministerial officers and are strictly prohibited from offering legal advice, interpreting documents, or assisting in the drafting of legal instruments. This constitutes the unauthorized practice of law, which requires a licensed attorney. A notary's role is limited to verifying identities and witnessing signatures, not providing legal counsel.

Question 7: Which of the following statements regarding a notary journal in Idaho is correct?

Notaries are not required to keep a journal, but it is strongly recommended as a best practice. (Correct answer)
If a journal is kept, it must be surrendered to the Secretary of State upon commission expiration.
A journal is only required for Remote Online Notarizations.
Notaries are required by law to maintain a journal for all notarial acts.

Correct answer: Notaries are not required to keep a journal, but it is strongly recommended as a best practice.

Idaho law does not mandate that notaries maintain a journal for traditional or electronic notarizations. However, the Secretary of State strongly recommends keeping a detailed journal as a best practice to protect the notary from liability.

Question 8: What is the key distinction between an oath and an affirmation under Idaho notary law?

An oath is only for government documents, while an affirmation is for private documents
An oath is legally binding, while an affirmation is not enforceable in court
An oath requires the signer to stand, while an affirmation may be given seated
An oath invokes a divine being, while an affirmation is a solemn pledge without religious reference (Correct answer)

Correct answer: An oath invokes a divine being, while an affirmation is a solemn pledge without religious reference

Under Idaho law, an oath invokes a divine being while an affirmation is a secular solemn pledge — both carry the same legal weight and perjury consequences.

Question 9: What should an Idaho notary do if they move to a new address during their commission term?

Continue using the old address on documents
Notify the Secretary of State of the address change (Correct answer)
Update their notary seal with the new address
Submit a new application for a notary commission

Correct answer: Notify the Secretary of State of the address change

Idaho notaries are required to notify the Secretary of State's office of any change in their business or residential address during their commission term. This ensures that the state maintains accurate records for official communication and oversight. Failure to update this information can lead to administrative issues or even suspension of the commission.

Question 10: Which of the following activities is an Idaho notary public expressly prohibited from performing?

Certifying a copy of a U.S. passport.
Charging a fee for a notarial act performed during regular work hours for their employer.
Notarizing a document for a non-U.S. citizen who provides valid identification.
Selecting the type of notarial certificate on behalf of the signer. (Correct answer)

Correct answer: Selecting the type of notarial certificate on behalf of the signer.

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 11: Which of the following is NOT a requirement to become a Notary Public in Idaho?

Be a citizen or permanent legal resident of the United States.
Be a registered voter in the state of Idaho. (Correct answer)
Be a resident of Idaho or have a place of employment in the state.
Be at least 18 years old.

Correct answer: Be a registered voter in the state of Idaho.

While there are several eligibility requirements to become a notary in Idaho, such as age and residency, being a registered voter is not one of them.

Question 12: Can an Idaho notary administer an oath to a person using only a telephone call (audio only)?

Yes, if the notary has known the affiant personally for more than one year
No, Idaho notaries may never administer an oath outside their physical county
Yes, as long as the notary can clearly hear and identify the affiant's voice
No, remote oaths require approved two-way audio-visual communication technology (Correct answer)

Correct answer: No, remote oaths require approved two-way audio-visual communication technology

Idaho's remote online notarization law requires two-way audio-visual communication for remote oaths — a telephone call with audio only does not satisfy this requirement.

Question 13: Regarding the use of a notary journal for remote online notarizations (RON) in Idaho, which statement is correct?

A journal is only recommended for remote notarizations involving real estate transactions.
While not legally required, it is a recommended best practice to chronicle all remote notarial acts in a journal, which can be in a tangible or electronic format. (Correct answer)
Idaho law mandates that all RON platforms automatically generate and store a journal entry for every transaction.
A notary must maintain a separate, physical, bound journal exclusively for all RON acts.

Correct answer: While not legally required, it is a recommended best practice to chronicle all remote notarial acts in a journal, which can be in a tangible or electronic format.

Idaho law does not legally mandate a notary journal for any type of notarization, including remote online notarizations. However, the Secretary of State strongly recommends it as a best practice. For remote notarizations, administrative rules state a notary may elect to maintain one or more journals in either a tangible (bound paper) or electronic format.

Question 14: A newly commissioned Idaho notary realizes their official stamp was stolen from their desk. What is the notary's immediate responsibility?

Order an identical replacement stamp immediately.
Publish a notice in the local newspaper.
Promptly notify the Idaho Secretary of State's office. (Correct answer)
Wait a week to see if it turns up before taking any action.

Correct answer: Promptly notify the Idaho Secretary of State's office.

If a notary public's stamping device is lost or stolen, Idaho law requires the notary to promptly notify the commissioning officer (the Secretary of State) upon discovering the loss or theft.

Question 15: What must an applicant do after completing the training course to become a notary public in Idaho?

Pay a fee to the Secretary of State
Register with the local county clerk
Take an oath of office
Obtain a $10,000 surety bond (Correct answer)

Correct answer: Obtain a $10,000 surety bond

After completing the mandatory training course, an Idaho notary applicant must obtain a $10,000 surety bond. This bond serves as financial protection for the public against any damages caused by the notary's negligence or misconduct. It is a crucial step before the commission can be issued, ensuring accountability and public trust.

Question 16: How long is an Idaho notary public commission valid?

10 years
6 years (Correct answer)
2 years
4 years

Correct answer: 6 years

An Idaho notary public commission is valid for a term of six years. This fixed term ensures that notaries periodically renew their commission, allowing the state to update records and ensure notaries remain compliant with current laws and regulations. After six years, notaries must reapply and meet current requirements to continue their service.

Question 17: When an Idaho notary performs a remote online notarization, what specific action is required regarding the recording of the session?

The notary must only record the audio portion of the session to protect the signer's privacy.
The notary must keep a detailed written transcript of the session for five years.
The notary must take several screenshots of the signer and their ID.
The notary must retain an audio-visual recording of the notarial act for at least ten years. (Correct answer)

Correct answer: The notary must retain an audio-visual recording of the notarial act for at least ten years.

Idaho Code 51-114A(6) explicitly requires that the notary retain, or cause to be retained, the audio-visual recording of the remote online notarization for a minimum of ten years after the recording is made. A written transcript, screenshots, or an audio-only recording do not meet this statutory requirement.

Question 18: If a claim is made against an Idaho notary's bond and the surety company pays the full bond amount of $10,000, but the actual damages to the public were $18,000, who is responsible for the remaining $8,000?

The notary is personally liable for the remaining amount. (Correct answer)
The State of Idaho.
The surety bond company.
The excess amount is forgiven and does not have to be paid.

Correct answer: The notary is personally liable for the remaining amount.

The notary public has unlimited personal liability for their actions. The surety bond covers damages up to its face amount, but the notary is personally responsible for any losses exceeding the bond amount, in addition to having to repay the bond company.

Question 19: What is the consequence if an Idaho notary fails to affix their seal on a notarized document?

The document automatically becomes void after 30 days
The signer must return for a new notarization
The notary can be fined immediately
The document may be considered invalid (Correct answer)

Correct answer: The document may be considered invalid

The notary's seal is a mandatory component of a valid notarization in Idaho, serving as a unique identifier and authentication of the notary's act. Failing to affix the seal means the notarization is incomplete and lacks the required legal authentication. Consequently, the document may be considered invalid or unenforceable, potentially leading to legal complications.

Question 20: Which of the following is considered "satisfactory evidence" of a signer’s identity under Idaho notarial law?

A valid U.S. passport (Correct answer)
A verbal confirmation from a friend
A birth certificate
A handwritten letter from the signer

Correct answer: A valid U.S. passport

Under Idaho notarial law, satisfactory evidence of a signer’s identity typically includes current, government-issued identification documents with a photograph and signature. A valid U.S. passport meets these criteria and is widely accepted as a reliable form of identification. Other options like handwritten letters or verbal confirmations are not considered satisfactory evidence.

Question 21: If a notary's seal is lost or stolen in Idaho, what is the notary's obligation?

Notify the Secretary of State immediately (Correct answer)
Continue notarizing documents without a seal
Purchase a new seal and ignore the lost one
Wait until the commission expires to replace the seal

Correct answer: Notify the Secretary of State immediately

Notaries are obligated to report a lost or stolen seal immediately to the Secretary of State. This is a critical security measure to prevent fraudulent use of the seal by unauthorized individuals. Prompt notification allows the state to take necessary actions, such as invalidating the old seal, thereby protecting the public and maintaining the integrity of notarizations.

Question 22: 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?

$2.50
$10.00
$15.00
$5.00 (Correct answer)

Correct answer: $5.00

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 23: A notary in Boise is performing a notarization. Which of the following pieces of information is PERMITTED, but not required, on the official notary stamp itself?

The notary's commission expiration date (Correct answer)
The notary's signature
The address of the Secretary of State's office
The notary's telephone number

Correct answer: The notary's commission expiration date

Idaho Code §51-117 allows for the inclusion of the words "My commission expires:" followed by the commission expiration date on the official stamp, but it is not mandatory. However, the expiration date must still be indicated on the notarial certificate.

Question 24: A client asks an Idaho notary to notarize a document with two signatures, requiring one acknowledgment for each. The notary also agrees to a travel fee. Which of the following fee structures is allowable under Idaho law?

$10.00 for the two notarizations (2 x $5.00) plus a reasonable, separately stated travel fee. (Correct answer)
A $15.00 fee for the two signatures plus a reasonable, separately stated travel fee.
$5.00 for the first signature, $2.50 for the second, plus a travel fee based on the county's official rate.
A single flat fee of $25.00 to cover everything.

Correct answer: $10.00 for the two notarizations (2 x $5.00) plus a reasonable, separately stated travel fee.

Idaho law permits a maximum fee of $5.00 per notarial act. Since there are two signatures each requiring a separate acknowledgment, the notary can charge up to $5.00 for each, for a total of $10.00. Any travel fee must be reasonable and stated separately from the notarial fees.

Question 25: 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?

The total invoice, including travel, cannot exceed $50.00.
The travel fee must be calculated based on a state-mandated per-mile rate.
The travel fee must be itemized separately from the notarization fees. (Correct answer)
The travel fee cannot exceed the total notarization fees.

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

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 26: A public member suffers a financial loss due to a notary's negligent act. Which of the following is the primary purpose of the notary's surety bond?

To pay for the notary's legal defense fees.
To cover the notary's personal financial losses.
To provide liability insurance for the notary.
To compensate the victim for damages caused by the notary's misconduct. (Correct answer)

Correct answer: To compensate the victim for damages caused by the notary's misconduct.

The surety bond is not insurance for the notary; it is intended to protect the public from financial harm if the notary fails to comply with regulations or acts negligently. If the bonding company pays a claim, the notary is typically required to reimburse the company.

Question 27: What is the primary purpose of the $10,000 surety bond required for Idaho notaries?

To serve as an insurance policy protecting the notary from lawsuits.
To cover the cost of the notary's seal and other supplies.
To protect the public from financial harm caused by the notary's misconduct or negligence. (Correct answer)
To generate revenue for the Secretary of State's office.

Correct answer: To protect the public from financial harm caused by the notary's misconduct or negligence.

The surety bond is not insurance for the notary; it is a protection for the public. If a successful claim is made against the bond due to a notary's error or intentional wrongdoing, the bonding company will pay, and the notary must then reimburse the company.

Question 28: A notary is preparing to perform their first remote online notarization in Idaho. Which of the following is a prerequisite before they can legally perform the act?

Complete a 6-hour advanced remote notarization training course.
Obtain a separate $10,000 surety bond specifically for remote notarizations.
Publish a notice in a local newspaper of their intent to offer remote services.
Notify the Secretary of State that they will be performing remote notarizations and identify the technology they will use. (Correct answer)

Correct answer: Notify the Secretary of State that they will be performing remote notarizations and identify the technology they will use.

Idaho Code 51-114A(7) requires a notary to notify the Secretary of State that they intend to perform notarial acts using communication technology and identify the specific technology provider before performing their first remote notarial act. Idaho does not require a separate bond or a specific training course, although training is highly recommended. There is no requirement to publish a notice.

Question 29: A customer asks you, an Idaho notary, to travel to their office to notarize a business contract. The notarial act is an acknowledgment. What is the maximum fee you can charge for this service, excluding travel expenses?

$10.00
$5.00 (Correct answer)
A reasonable fee agreed upon with the signer.
$2.00

Correct answer: $5.00

According to Idaho Code §51-133, the maximum fee a notary public may charge for any single notarial act is five dollars ($5.00). This fee is separate from any actual and reasonable travel expenses that may also be charged.

Question 30: An Idaho notary authorized to perform remote online notarizations (RON) is conducting a session with a signer located in another country. According to Idaho law, what condition must be met for this notarization to be valid?

The notarial act must not be prohibited by the foreign state where the signer is located. (Correct answer)
The document must be written in English.
The signer must be a U.S. citizen.
The notary must charge an additional international service fee.

Correct answer: The notarial act must not be prohibited by the foreign state where the signer is located.

Idaho Code 51-114A allows a notary to perform a remote online notarization for a remotely located individual outside the United States, provided the act is not prohibited by the laws of the foreign state where the individual is located. The signer's citizenship, the document's language, and fees are not the primary legal conditions for the validity of the act itself under this statute.

Question 31: Which of the following is a mandatory element that must be included in the notarial certificate for a remote online notarization performed in Idaho?

The brand name of the communication technology used.
The signer's email address and phone number.
The physical address of the remotely located individual.
A statement indicating the notarial act was performed using communication technology. (Correct answer)

Correct answer: A statement indicating the notarial act was performed using communication technology.

According to Idaho Code 51-114A(5), the notarial certificate for a remote notarization must contain a statement substantially similar to: 'This notarial act involved the use of communication technology.' While the notary must identify the technology to the Secretary of State initially, it is not required in every certificate. The signer's personal contact information is not part of the notarial certificate itself.

Question 32: During a remote online notarization, the Idaho notary does not personally know the signer. Which of the following methods is an acceptable way to verify the signer's identity under Idaho law?

Presentation of a single piece of government-issued photo ID via webcam.
Verbal confirmation of the signer's date of birth and social security number.
Receiving a scanned copy of the signer's ID via email before the session.
An oath or affirmation from a credible witness who is also remotely located. (Correct answer)

Correct answer: An oath or affirmation from a credible witness who is also remotely located.

Idaho law allows for identity verification through satisfactory evidence, which includes the oath or affirmation of a credible witness. This credible witness can also appear remotely, provided the notary can properly identify the witness. Simply stating personal information is insufficient, and identity proofing for remote notarization requires more than just showing an ID to the camera; it often involves credential analysis and knowledge-based authentication.

Question 33: Can an Idaho notary public notarize a document if the signer is not physically present but provides a scanned signature?

No, physical presence of the signer is required (Correct answer)
No, unless the notary trusts the signer
Yes, as long as the scanned signature looks legitimate
Yes, if the signer has provided proper ID beforehand

Correct answer: No, physical presence of the signer is required

For traditional in-person notarization, Idaho law mandates that the signer must be physically present before the notary. This allows the notary to personally verify the signer's identity, observe their willingness to sign, and ensure they are not under duress. A scanned signature does not fulfill this crucial physical presence requirement, making the notarization invalid.

Question 34: Which of the following is NOT required to be included on the notary’s seal in Idaho?

The notary’s home address (Correct answer)
The words “Notary Public”
The commission expiration date
The notary’s name

Correct answer: The notary’s home address

Idaho law specifies the information that must be included on a notary's official seal, such as the notary's name, the words "Notary Public," and the commission expiration date. However, the notary's home address is not a required element to be displayed on the seal. This protects the notary's personal privacy while still providing all necessary official identification.

Question 35: What physical gesture is traditionally required of a person taking an oath before an Idaho notary?

Signing a separate oath attestation form before the notary
Raising the right hand (Correct answer)
Placing both hands flat on the desk in front of them
Standing at attention with both hands at their sides

Correct answer: Raising the right hand

The traditional oath ceremony requires the affiant to raise their right hand, though an equivalent solemn gesture may be accepted if the person is physically unable to raise their hand.

Question 36: A person from Oregon works at a company in Boise, Idaho. They spend their work week in Idaho but return to Oregon on weekends. Are they eligible to become an Idaho Notary Public?

Yes, but only if they own property in Idaho.
No, only permanent residents of Idaho can become notaries.
Yes, because they have a place of employment within Idaho. (Correct answer)
No, they must reside in Idaho for at least 6 months prior to applying.

Correct answer: Yes, because they have a place of employment within Idaho.

Idaho law allows individuals who are not residents of the state to become notaries if they have a regular place of employment or practice within Idaho.

Question 37: 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?

The notary must refuse to notarize the documents. (Correct answer)
The notary may notarize the documents since the transaction is handled by the agency, not them personally.
The notary may notarize the documents as long as they do not charge a fee.
The notary may notarize the documents if a co-worker is present as a witness.

Correct answer: The notary must refuse to notarize the documents.

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 38: Which of the following is a prohibited act for an Idaho notary public?

Notarizing documents after verifying the signer's ID
Notarizing a document for a friend
Notarizing a document written in a foreign language
Notarizing a document that contains blanks (Correct answer)

Correct answer: Notarizing a document that contains blanks

Idaho notary law strictly prohibits notarizing documents that contain blanks. This rule is in place to prevent fraud and ensure the integrity of the document, as information could be added after the notarization without the signer's knowledge or consent. A notary's duty is to verify the completeness and authenticity of the document at the time of notarization.

Question 39: An Idaho notary is asked to notarize a document for their spouse. What should the notary do?

Charge double the normal fee for notarization
Notarize the document but avoid using their seal
Notarize the document if their spouse provides proper identification
Refuse to notarize the document due to a conflict of interest (Correct answer)

Correct answer: Refuse to notarize the document due to a conflict of interest

Idaho notary law, like most states, prohibits notaries from performing notarizations where they have a direct beneficial interest, which includes notarizing documents for a spouse. This is considered a conflict of interest because the notary or their immediate family could personally gain from the transaction. Notaries must remain impartial and avoid situations that compromise their objectivity.

Question 40: Can an Idaho notary legally administer an oath to themselves for a personal affidavit?

No, a notary cannot notarize their own signature or administer oaths to themselves (Correct answer)
No, unless they are also licensed as an attorney in Idaho
Yes, for personal affidavits that are unrelated to their official notarial duties
Yes, if no other notary is available within a reasonable distance

Correct answer: No, a notary cannot notarize their own signature or administer oaths to themselves

Idaho notaries are prohibited from notarizing their own signatures or administering oaths to themselves, as this creates a conflict of interest that undermines the integrity of the notarial act.

Idaho Notary Public Knowledge Assessment

Covers Idaho notary public law and practice across all seven official Idaho Secretary of State training chapters, including qualifications, commissioning, notarial acts, fees, prohibitions, and remote notarization under Idaho Code Title 51.

Questions

50 min

Time Limit

70%

To Pass

Checking for saved progress...

Exam Rules

You can skip questions and return to them later
Flag questions for review before submitting
No feedback shown until you submit the entire exam
Unanswered questions count as wrong — answer everything
10 pretest questions are mixed in and don't affect your score
Timer auto-submits when time runs out
Your progress is auto-saved every 30 seconds