2016 Idaho Statutes
Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS
Chapter 1 - IDAHO NOTARY PUBLIC ACT
Section 51-109 - FORMS FOR NOTARIAL ACTS.

51-109. Forms for notarial acts. (1) Certificates of acknowledgment shall substantially conform to the forms set forth in sections 55-710 through 55-715, Idaho Code.

(2) An oath or affirmation, which is in writing, shall be signed by the person who takes it, and the notary public shall enter thereunder substantially the following:

"State of Idaho )

)ss.

County of ..... )

Subscribed and sworn (or affirmed) before me this ..... day of .........., .....

(3) An oath or affirmation administered verbally by a notary public shall be in substantially the following form:

"You do solemnly swear (or affirm) that the testimony you shall give in the matter in issue shall be the truth, the whole truth, and nothing but the truth."

The person who takes the oath or affirmation must respond affirmatively.

(4) A certificate of verification of an instrument shall follow the maker's signature and shall identify the notary public and certify that the maker personally appeared, was sworn, stated his authority for making the instrument, and averred the truth of the statements therein. For example, the verification of a corporate document by an officer of the corporation should be in substantially the following form:

"State of Idaho )

)ss.

County of ..... )

I, ...................., a notary public, do hereby certify that on this ..... day of .........., ....., personally appeared before me ............., who, being by me first duly sworn, declared that he is the ............ of ........................., that he signed the foregoing document as .......... of the corporation, and that the statements therein contained are true.

(5) The witnessing and certificate of verification for a signature by mark shall be substantially in the following form:

"Mark: .......

State of Idaho )

)ss.

County of ..... )

I, ...................., a notary public, do hereby certify that on this ..... day of .........., ....., personally appeared before me ............. (name and signer by mark), who, being by me first duly sworn, declared that he made his mark on the foregoing instrument, and that the statements therein contained are true.

(6) The witnessing and certificate of verification for a signature by a person physically unable to sign or sign by mark on an instrument shall be substantially in the following form:

Signature affixed by notary in the presence of (names and addresses of person and witness).

State of Idaho )

)ss.

County of ..... )

I, ...................., a notary public, do hereby certify that on this ..... day of .........., ....., personally appeared before me ............. (name of person unable to sign or sign by mark), who, being by me first duly sworn, declared that he signed the foregoing instrument by directing the undersigned notary to sign the instrument for him, and that the statements therein contained are true.

(7) If a certified copy of a document cannot be obtained from any recorder or custodian of public documents, and if certification of a copy of the document by a notary public is otherwise permissible, a notary public may certify a copy of the document in substantially the following form:

"State of Idaho )

)ss.

County of ..... )

I, ...................., a notary public, do certify that on .........., ....., I carefully compared the attached copy of ......................... (describe document) with the original. It is a complete and true copy of the original document."

(8) On each notary certificate, the notary public shall immediately following his signature state the date of the expiration of his commission in substantially the following form:

"My commission expires on .............., ....."

History:

[51-109, added 1984, ch. 259, sec. 2, p. 623; am. 2002, ch. 32, sec. 24, p. 61; am. 2007, ch. 312, sec. 2, p. 881.]