What is a Notary Public?
The courts define a notary public as “a public ministerial officer; and an impartial agent for the state”.
Where can an Idaho notary notarize?
Anywhere in Idaho and may be used outside the state only in connection with a deed or other writing to be recorded in Idaho (51-107(2)I.C.)
Does the document being notarized have to be signed in front of the Notary?
No, the signer need not sign in the notary’s presence, but must personally appear before the notary and unambiguously state that the signature on the document is his or hers and must show satisfactory identification. The notary must be certain that the person who appears is in fact the person whose signature is on the document, either by personally knowing the signer, by the sworn identification of the signer by a person known to the notary, or by presentation of satisfactory identification. (5507071 I.C. Case Notes: “Duties of Office”) However, a jurat does need to be signed before the notary.
Is a “mark” acceptable as an individual’s signature?
Yes, (73-1141 I.C.) Use a witness familiar with the signer. Have the witness write the marker’s name by the mark. The witness will also sign as the witness. The notary will most likely have the witness sign their notary journal.
Does a notarized document guarantee that it is true or legal?
No. A notary public must verify the identity of the signer but is not responsible for the contents of the document nor are they responsible to insure that the document is properly filled out. The signers of the document are responsible for its content and in the case of a Jurat, swear or affirm to the truthfulness of the document.
Can a document that contains blank spaces be notarized?
No. The document must be complete prior to being notarized. The signer can line through the blank areas or enter “N/A”.
What is satisfactory identification?
In most cases satisfactory identification would be a photo-bearing driver’s license, military identification card, or passport. Something that shows a photo and a signature.
What is a notarial certificate?
There is a particular form of certificate for each type of notarial act (51-109 I.C.) A signature and seal of the notary public without a notarial certificate is meaningless.
What is a jurat?
A “jurat” is a certification on an affidavit declaring where, when, and before whom it was sworn.
What is an affidavit?
It is a written statement made on oath before a notary public or other person authorized to administer an oath.
What is the difference between a jurat and an acknowledgment?
A “jurat” is the part of the affidavit in which the notary states that it was sworn before them. “Acknowledgement” means a declaration by a person that he or she has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that he or she signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein. (51-109 I.C.)
What does the “ss” stand for on the Venue?
s.s. is the Latin word “Scilicet” meaning “in particular” or “namely”.
What is a Venue?
It is “The clause in an affidavit naming the locality where it was made and sworn to.”
What is an acknowledgment?
It is a declaration by a person that he or she has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that he or she signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein. (51-109 I.C.)
What is a disqualifying interest?
If the notary public is named as a party to the transaction or shares the same beneficial interest as a party to the transaction, they should not notarize the document.
It is legal to certify a copy of a birth, death, or marriage certificate, or a decree of divorce, as being true and correct?
No. A notary can certify copies only of documents which cannot be obtained from a recorder or custodian of public documents.
Can a fax or photocopy be notarized?
Yes, if the document has an original signature. Copied or faxed signatures cannot be notarized.
How is a notary’s signature authenticated on a document for use in this country or overseas?
Authenticating a Notary Public’s signature can be done only by the Secretary of State’s office. The document that needs the certification attached must be submitted to the Secretary of State’s office with the request for either a “Certification” or an “Apostille”. If you are not sure which type you need, only indicate the country that the documents will ultimately be sent to and the Secretary of State’s office will then make the determination as to which authentification certificate to use. The fee for each certification as of January 2010 is $10.00.
The courts define a notary public as “a public ministerial officer; and an impartial agent for the state”.
Where can an Idaho notary notarize?
Anywhere in Idaho and may be used outside the state only in connection with a deed or other writing to be recorded in Idaho (51-107(2)I.C.)
Does the document being notarized have to be signed in front of the Notary?
No, the signer need not sign in the notary’s presence, but must personally appear before the notary and unambiguously state that the signature on the document is his or hers and must show satisfactory identification. The notary must be certain that the person who appears is in fact the person whose signature is on the document, either by personally knowing the signer, by the sworn identification of the signer by a person known to the notary, or by presentation of satisfactory identification. (5507071 I.C. Case Notes: “Duties of Office”) However, a jurat does need to be signed before the notary.
Is a “mark” acceptable as an individual’s signature?
Yes, (73-1141 I.C.) Use a witness familiar with the signer. Have the witness write the marker’s name by the mark. The witness will also sign as the witness. The notary will most likely have the witness sign their notary journal.
Does a notarized document guarantee that it is true or legal?
No. A notary public must verify the identity of the signer but is not responsible for the contents of the document nor are they responsible to insure that the document is properly filled out. The signers of the document are responsible for its content and in the case of a Jurat, swear or affirm to the truthfulness of the document.
Can a document that contains blank spaces be notarized?
No. The document must be complete prior to being notarized. The signer can line through the blank areas or enter “N/A”.
What is satisfactory identification?
In most cases satisfactory identification would be a photo-bearing driver’s license, military identification card, or passport. Something that shows a photo and a signature.
What is a notarial certificate?
There is a particular form of certificate for each type of notarial act (51-109 I.C.) A signature and seal of the notary public without a notarial certificate is meaningless.
What is a jurat?
A “jurat” is a certification on an affidavit declaring where, when, and before whom it was sworn.
What is an affidavit?
It is a written statement made on oath before a notary public or other person authorized to administer an oath.
What is the difference between a jurat and an acknowledgment?
A “jurat” is the part of the affidavit in which the notary states that it was sworn before them. “Acknowledgement” means a declaration by a person that he or she has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that he or she signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein. (51-109 I.C.)
What does the “ss” stand for on the Venue?
s.s. is the Latin word “Scilicet” meaning “in particular” or “namely”.
What is a Venue?
It is “The clause in an affidavit naming the locality where it was made and sworn to.”
What is an acknowledgment?
It is a declaration by a person that he or she has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that he or she signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein. (51-109 I.C.)
What is a disqualifying interest?
If the notary public is named as a party to the transaction or shares the same beneficial interest as a party to the transaction, they should not notarize the document.
It is legal to certify a copy of a birth, death, or marriage certificate, or a decree of divorce, as being true and correct?
No. A notary can certify copies only of documents which cannot be obtained from a recorder or custodian of public documents.
Can a fax or photocopy be notarized?
Yes, if the document has an original signature. Copied or faxed signatures cannot be notarized.
How is a notary’s signature authenticated on a document for use in this country or overseas?
Authenticating a Notary Public’s signature can be done only by the Secretary of State’s office. The document that needs the certification attached must be submitted to the Secretary of State’s office with the request for either a “Certification” or an “Apostille”. If you are not sure which type you need, only indicate the country that the documents will ultimately be sent to and the Secretary of State’s office will then make the determination as to which authentification certificate to use. The fee for each certification as of January 2010 is $10.00.
Frequently Asked Questions
Mobile Notary Services of Eastern Idaho
208-317-4570 phone | 208-529-0822 FAX
208-317-4570 phone | 208-529-0822 FAX