Remote and Electronic Notarization Flashcards

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?

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.

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

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.

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

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.

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?

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.

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?

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.

Regarding the use of a notary journal for remote online notarizations (RON) in Idaho, which statement is 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.