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Performing Notarial Acts Flashcards

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  1. A signer in Idaho brings you a document that has already been signed. For which of the following notarial acts may the signer acknowledge their previous signature without needing to sign again in your presence?

    Answer: Acknowledgment

    An acknowledgment verifies the identity of the signer and that they signed the document willingly. The key difference from a jurat is that the signing does not have to occur in the notary's presence; the signer must only appear before the notary to acknowledge that the existing signature is theirs.

  2. 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?

    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)'.

  3. Which of the following statements regarding a notary journal in Idaho is 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.

  4. 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?

    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.

  5. When performing a notarial act in Idaho, which of the following is NOT considered satisfactory evidence of identity on its own?

    Answer: A birth certificate combined with a signed credit card.

    Satisfactory evidence of identity in Idaho includes personal knowledge or government-issued identification like a passport or driver's license (which can be expired for no more than three years). A birth certificate and credit card do not meet the statutory requirements for a government-issued ID card with a photo or signature.

  6. An Idaho notary is presented with a document and the signer is unsure whether they need an acknowledgment or a jurat. What should the notary do?

    Answer: Explain the difference between the two acts but state that the signer must choose which one is required.

    A notary public is prohibited from the unauthorized practice of law, which includes advising a signer on what type of notarization is needed. The notary can describe the features of an acknowledgment and a jurat but must not choose the notarial act for the signer. The signer should contact the document's originator or a lawyer for that advice.