51-108 DISQUALIFYING INTERESTS. - Idaho Statutes

TITLE 51

NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS

CHAPTER 1

IDAHO NOTARY PUBLIC ACT

51-108. Disqualifying interests. (1) As used in this section, the term "transaction" shall not include judicial proceedings.

(2) A notary public who has a disqualifying interest, as hereinafter defined, in a transaction may not legally perform any notarial act in connection with the transaction.

(3) For the purposes of this chapter, a notary public has a disqualifying interest in a transaction in connection with which notarial services are requested if he is named as a party to the transaction or shares the same beneficial interest as a party to the transaction.

(4) Neither the notary public nor any party sharing the same beneficial interest as the notary public in the transaction may raise the issue of disqualifying interest in an attempt to invalidate the transaction. The issue of disqualifying interest may not be raised between parties neither of whom shares the same beneficial interest as the notary public.