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/s need not sign in the notary’s presence, but however, they must personally appear before the notary and unambiguously state, that the signature on the document is his or hers, and must provide satisfactory identification. The notary must be certain that the person who is present, 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, according to (73-1141 I.C.) You may 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 and may 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 of the signer.

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 is required, without it, 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, whereby, 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 for “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, and whereby  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 only certify copies  of documents in which  they cannot otherwise be obtained from a recorder or custodian of public documents. These are considered “living records”.

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?
The Idaho Secretary of State’s office provides state certification for notarized or certified documents that are to be sent to, or used in, a foreign country. Both types of certification – apostille and authentication – verify that the notary public is authorized to provide the notarization or certification, and that he/she has done so, in accordance with Idaho laws. Whether the document requires an apostille or authentication, depends completely on which country will be receiving the document. The Idaho Secretary of State’s office has adopted a single, universal form, that meets the requirements of the Hague Convention for phone: (208) 334-2301 | email: naa@sos.idaho.gov 24 apostilles and has been approved by the U. S. Department of State for authentications. We can only provide certifications of Idaho notaries public or Idaho notarial officers as listed above.