51-107 POWERS AND JURISDICTION. - Idaho Statutes

TITLE 51

NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS

CHAPTER 1

IDAHO NOTARY PUBLIC ACT

51-107. Powers and jurisdiction. (1) Each notary public is empowered to:

(a) Take acknowledgments;

(b) Administer oaths and affirmations;

(c) Certify that a copy of an original document is a true copy thereof, only if a certified copy of such original cannot be obtained from an official custodian of such document;

(d) Certify affidavits (to include verifications) or depositions of witnesses;

(e) Certify the affixation of a signature by mark on an instrument presented for notarization if:

(i) The signer is unable to handwrite the signer’s name;

(ii) The mark is affixed in the presence of the notary in a manner which the notary can directly observe;

(iii) The notary writes below the mark the following: "Mark affixed by (printed name of signer by mark)."; and

(iv) The notary public notarizes the signature by mark through a certificate of acknowledgment or verification;

(f) A notary may sign the name of a person physically unable to sign or sign by mark on a document presented for notarization if:

(i) The person directs the notary to do so in the presence of a witness unaffected by the instrument;

(ii) The notary signs the person’s name in the presence of the person and the witness;

(iii) The witness signs the instrument beside the signature;

(iv) The notary writes below the signature the following: "Signature affixed by notary in the presence of (name of person and witness)"; and

(v) The notary notarizes the signature through a certificate of acknowledgment or verification; and

(g) Perform such other acts as may be specifically permitted by law.

(2) The powers of a notary public commissioned pursuant to the provisions of this chapter may be exercised anywhere within the state of Idaho and may be exercised outside the state only in connection with a deed or other writing to be admitted to record in the state of Idaho.