There is a newer version of the Idaho Code and Statutes
2016 Idaho Statutes
Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS
Chapter 1 - IDAHO NOTARY PUBLIC ACT
Section 51-107 - POWERS AND JURISDICTION.
ID Code § 51-107 (2016) What's This?
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.
History:
[51-107, added 1984, ch. 259, sec. 2, p. 622; am. 2007, ch. 312, sec. 1, p. 880.]
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