![]() ![]() The oath must be signed and sworn to (or affirmed) by the applicant in the presence of a notary public or other person authorized to administer oaths in Idaho. The applicant must also take an oath, which shall appear on the application form. Pursuant to Idaho Code § 51-105, each person to be appointed a notary public must submit an application to the secretary of state on a form prescribed by the secretary of state. Pursuant to Idaho Code § 51-104, each person appointed and commissioned as a notary public:Ģ) Must be a resident of the state of Idaho or a nonresident who is employed in or doing business in the state of Idaho ģ) Must be able to read and write the English language andĤ) Must not have been removed from the office of notary public for official misconduct nor have been convicted of a serious crime, within the 10 year period immediately preceding his or her appointment nor be serving a sentence for conviction of a serious crime, without regard to when convicted. A notary public may be reappointed upon submission of a new application not earlier than 90 days prior to the expiration of his or her term. Each notary public so appointed serves for a term of six years. Pursuant to Idaho Code § 51-103, the secretary of state appoints in and for the state of Idaho as many notaries public as s/he deems necessary. Thanks to the saving clause in the new law, a court facing the same situation in the future might reach a different result.The Idaho Notary Public Act lays down the laws relating to notaries public in Idaho. For instance, the Idaho Supreme Court once found an acknowledgment to be void because the notary used the form for an individual acknowledgment instead of the form for a corporate acknowledgment. That has not always been the case in Idaho. So, it would seem, there is now much less chance that a notary’s act will be invalidated just because the notary makes a mistake. ![]() The new law has a very broad saving clause that says that “the failure of a notary public to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notary public.” The only exception to the savings clause is if a notary public impermissibly performs a notarial act with respect to a document in which the notary public or the notary public’s spouse is a party, or in which either of them has a direct beneficial interest. One important change under the new law has not garnered much attention. Existing law, which will continue in effect until October 1, 2018, requires that a notary’s stamp include “the words ‘Notary Public,’ the notary public’s name, the words ‘State of Idaho,’ and nothing more.” Beginning October 1, 2018, the same rule applies except the stamp must also include the notary’s state-issued commission number and may include the words “my commission expires” followed by the notary’s current commission expiration date. Under the new law, notaries will need to get new stamps, but that portion of the new law has not yet gone into effect. The new law also gives guidance for compound acknowledgements, where one entity signs on behalf of another entity. These two simple forms replace many, more lengthy forms that differed greatly depending on the types of entities and other circumstances involved. This record was acknowledged before me on by as of ![]()
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