Official websites use .gov

A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS

A lock (🔒) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Search
Phil McGrane, Idaho Secretary of State
Phil McGrane, Idaho Secretary of State

Notary Training Course

Welcome to the Idaho Secretary of State Notary Training Course for all new (and returning) Idaho Notaries.

Let the Training Begin!

Our Idaho notary training course includes seven chapters that cover the requirements, processes, and procedures of being an Idaho notary.

Each chapter has a video study guide, video transcript, and an optional quiz to test your knowledge.

Quiz responses are optional and not recorded. You may take any quiz as many times as you like.

1. General Information

This chapter provides an overview of the function of a notary, their responsibilities, jurisdiction, liability, and the fees involved in becoming a notary.

Chapter 1 – General Information

In this training series for Idaho notaries, we are going to learn what a notary does, learn how to become a notary, learn how to properly notarize documents, discuss different types of notarial acts, and then explain some specialized information that all Idaho notaries should know. As a notary, it’s important to understand and follow Idaho’s notary laws. Following these laws will be your best insurance against having a commission revoked, and will reduce your risk of civil or criminal liabilities and penalties.

An Idaho notary public is a public official commissioned by the Idaho Secretary of State. They administer oaths and affirmations, take acknowledgements, witness signatures, and perform other duties as permitted by state law. A notary should pay close attention to the details, because as a commissioned public official, notaries ARE acting on behalf of the state of Idaho. We thank you for taking on this responsibility, and hope this quick journey through the Notary handbook gives you a good start.

The notary’s primary function is to serve as an official, unbiased witness to the identity, the comprehension, and the intent of the person requesting the notarial act. This is why the person whose signature, oath, or acknowledgement you are notarizing MUST personally appear before you when you perform the notarization. When performing any notarial act, it is important to understand how the act affects the rights of others. Carelessness or negligence when performing a notarial act may injure these rights which can result in the notary being held personally responsible for improper, negligent, or fraudulent actions.

As an official witness who has been appointed by the Idaho Secretary of State, a notary must act with integrity and impartiality. It is important to remember that every notarial act is performed under the notary’s oath of office. This is the reason for the statement printed on every notarial certificate. These words are not mere formalities; they are the notary’s “witness statement” telling what happened, where it happened, when it happened, and who was involved.

Finally, to help offset your costs incurred as a notary, Idaho statutes allow you to charge a maximum fee of $5 for performing a notarial act. You can also charge for reasonable travel expenses. So with that quick overview, lets return to the course and take your first quiz!

This field is for validation purposes and should be left unchanged.

About the Quiz

There are 6 questions. A passing score is 70% or higher. The results are not recorded. You may take the quiz as many times as you like in order to test your knowledge.
1. A notary public is a public official commissioned by the Idaho Secretary of State to:(Required)
Please choose the best answer.
2. When performing a notarial act, the notary serves as an official, unbiased witness to the individual’s:(Required)
3. Notarial acts affect the legal rights of others. This means a notary may be held personally responsible for improper, negligent, or fraudulent actions made by the notary.(Required)
4. As an official witness to the identity, intent, or comprehension of an individual requesting a notarial act, it is up to the notary to decide if the individual needs to personally appear before the notary at the time the act takes place.(Required)
5. The words contained in a notarial certificate are mere formalities, and the notary is free to adjust them as needed or create certificates on their own.(Required)
6. As compensation for their services, the amount an Idaho notary may charge for each notarial act is:(Required)

2. Becoming A Notary

This chapter provides information including notary qualifications, terms of office, obtaining a commission, stamp requirements, and more.

Chapter 2 – Become a Notary

Welcome back! Now that we know what a notary is, let’s learn how to obtain a notary commission in Idaho. There are a few, simple requirements: to apply, you must submit a completed, notarized application and a $10,000 surety bond along with your $30 filing fee. In order to qualify to receive a commission as a notary public by the Idaho Secretary of State, you must:

  • Be at least 18 years of age;
  • Be a citizen or permanent legal resident of the United States;
  • Be a resident of Idaho or be employed in Idaho; and
  • Be able to read and write.

Your notary commission will expire after six years. At that time, if you wish to renew your commission, you may submit an application within 90 days of your commission expiring. It is important to remember your commission is automatically terminated if you move out of state or no longer maintain a place of business or practice in Idaho.

Once you’ve submitted your application and received your notary certificate, you can purchase your official notary stamp and journal. It is your responsibility to make sure your stamp conforms to the standards required by Idaho law. In order to meet these requirements, your stamp must be an inked stamp that includes:

  • Your name—exactly as it is listed on your certificate
  • The words “”Notary Public””
  • The words “”State of Idaho””
  • Your commission number
  • A serrated or milled edge border
  • You MAY choose to include the phrase “My commission expires”, along with the date, however NO OTHER additional information may be included.

Please remember, the image of the stamp MUST be clearly visible when copied. When you use your stamp, you will not have to enter this information again when completing the notarial certificate. However, if any of the information contained on the stamp changes, it must be replaced. Handwritten corrections are NOT allowed.

While keeping a notary journal is not required, it is a good idea. Notary journals come in several different formats. They are specifically designed to track records in a chronologically numbered manner while deterring any deletion, alteration, or modification of the pages. The right tool is worth the investment, and you may not use a loose-leaf notebook.

Now that we’ve learned how to become a notary in Idaho, it’s time to see how much you remember. Select the quiz for chapter 2, and I’ll see you at chapter 3!

This field is for validation purposes and should be left unchanged.

About the Quiz

There are 6 questions. A passing score is 70% or higher. The results are not recorded. You may take the quiz as many times as you like in order to test your knowledge.
1. In order to obtain a notary commission from the Idaho Secretary of State and become a notary public, you must:(Required)
Please choose the best answer.
2. An Idaho notary public must be:(Required)
3. The six-year term of office for an Idaho notary:(Required)
4. Which of the following is optional but NOT required on an Idaho notary stamp?(Required)
5. When using a notary stamp:(Required)
6. Notary journals are not required to be kept by an Idaho notary, but it is the notary’s best defense against allegations of negligence as it provides for a chronological and non-modifiable record of the type of identification used, the signature, and the name of a person for whom a notarial act is performed. It should not include unique information such as license numbers, social security numbers, or birth dates.(Required)

3. Notarizing Documents

This chapter provides an overview of the notarial process, requirements for personal appearance, document review, signer identification and willingness, and issuing the notarial certificate.

Chapter 3 – Notary Process

Hello! We’ve covered how to become a notary. Now lets take a look at the actual process of notarizing a document! When people refer to notarizing a document, they typically mean authenticating a signature in some way. So, let’s break down the six-step process you’ll take when you are required to perform a notarization or authenticate a signature.

ONE – The person whose signature you are authenticating will need to be PHYSICALLY PRESENT with you when you perform the notarization. This rule must be followed EVERY time you take an acknowledgement, witness a signature, or perform a verification on an oath or affirmation (also known as a jurat).

TWO – Review the Document. You do not need to verify or validate the contents, however, you must understand what kind of document it is. Reviewing the document helps determine the type of notarial act required and who should sign the document, while being sure the signer understands what they are signing.

THREE – Identify the signer. You have two options for properly identifying them – personal knowledge or satisfactory evidence. If the person is someone you have known for a considerable period of time and you would recognize anywhere, this is considered to be personal knowledge. If you do not have personal knowledge of the signer, you must use satisfactory evidence to identify them. This can be done through documentary proof including a passport, a driver’s license, or government issued ID. Many times, it will be necessary to use more than one piece of identification to conclusively identify someone.

If the signer does not have sufficient identification, they may be identified by a credible witness. When using a witness, first identify them as you would if they were the document signer. Next, place them under oath and have them swear to the identity of the signer. Now the signer can sign the document and you can proceed with the notarization.

FOUR – Competency – Before you can complete the notarization, you must determine if the person appears competent and has the capacity to execute the record. You must also be sure the person is signing the document knowingly and voluntarily. As a notary, you may refuse to perform a notarization if you do not feel confident the signer meets these requirements.

FIVE – At this point, you’ll want to add the following items in your notary journal: The date and time of the notarization, the type of notarial act performed, a description of the document, the type of identification used, the fee charged, and the printed nameand address of the signer. Then, have the signer add their signature to the journal as well.”

SIX – Now you’re ready to complete the notarial certificate. (#6) Many times, there are problems with the certificate. This can include errors made while completing the certificate or the certificate might be missing altogether. If this happens to you, prepare a new certificate by writing or typing a new one and attach it to the document as close as possible to the signer’s signature. Don’t forget, your signature on this certificate MUST match the name on file with the office of the Idaho Secretary of State and on your official notary stamp.

This field is for validation purposes and should be left unchanged.

About the Quiz

There are 6 questions. A passing score is 70% or higher. The results are not recorded. You may take the quiz as many times as you like in order to test your knowledge.
1. A personal appearance is statutorily required when:(Required)
Please choose the best answer.
2. A notary does not verify or validate the contents of a document, but careful review of the document is important to determine the type of notarial act to be performed, among other things.(Required)
3. Which of the following is a way to identify a person requesting a notarization?(Required)
4. It is NOT the responsibility of a notary to determine either the competency or willingness of the signer of a document prior to performing a notarial act.(Required)
5. A notary may refuse to perform a notarial act if:(Required)
6. The official name on the notary’s seal and the notary’s signature need not exactly match the name on file with the Secretary of State’s office.(Required)

4. Notarial Acts

This chapter provides information about different types of notarial certificates, requirements for signers, and what to do when a document is being signed on behalf of another person or entity.

Chapter 4 – Notarial Acts

In this session, we will learn more about the types of notarial acts you are authorized to perform as an Idaho notary. It is important to become well acquainted with the types of notarial certificates in order to be able to determine the type of notary act required. We encourage you to review the several examples included in our notary handbook. If the document does not have a preprinted notarial certificate on it and the signer cannot indicate to you what is needed, then you may not proceed with the notarization.

When a customer brings you a document that has already been signed and verbally confirms it is indeed their signature, you can perform an acknowledgement of the record.

When taking an acknowledgement, you must take the following steps:

  • The signer must be personally present.
  • You must properly identify the signer.
  • You must verify the document was signed by the signer.

You can then complete the notarial certificate and record it in your notary journal.

As a notary, you can also take an acknowledgement when a document has been signed by someone signing on behalf of another person or entity. This can be someone signing on behalf of a business, corporation, a trust, or other type of authorization such as a power of attorney.

When you are asked to witness a signature, the signer must sign the document in your presence. However, you must first confirm the identity of the signer and confirm they are the person who is supposed to sign the document. Occasionally, someone will bring you a document that has already been signed. In these situations, you must have the person sign the document again while in your presence. Once you witness the signature, you can then complete the notarial certificate and record it in your notary journal.

There are occasions when the person who requests a notarization will be signing on behalf of another person or entity. This usually happens when someone is signing on behalf of a corporation, a trust, as a personal representative, or with a power of attorney. In these situations, you should determine the identity of the person who is signing the document, verify the type of authority in which it was signed, and the name of the party or entity on whose behalf it was signed.

A verification upon an oath or affirmation is also known as performing a jurat. When performing a jurat, your role is to confirm the identity of the signer, administer the oath, and then witness as they sign the document. When you administer an oath, you are placing the person under penalty of perjury if the statements made in the document are proven false. However, you are NOT responsible for determining the truthfulness or accuracy of the document. The suggested oath to be administered is: “Do you swear the information contained in this document is true and complete to the best of your knowledge and ability?” Then complete the notarial certificate and record it in your notary journal.

While a personal appearance before the notary is typically required, certifying copies is the exception to the rule. No physical presence is required when certifying a copy of a document, nor are you required to identify anyone in conjunction with this notarial act.

Before you certify a copy, you must first:

  • Examine the original document to make sure it is complete and unaltered.
  • Verify the document may lawfully be copied and certified.

You must personally photocopy the document and then you can complete the notarial certificate and record it in your notary journal.

So there you have it! The end of another chapter and time to see what you remember. Click on your chapter 4 quiz link, and we’ll see you at Chapter 5!

This field is for validation purposes and should be left unchanged.

About the Quiz

There are 6 questions. A passing score is 70% or higher. The results are not recorded. You may take the quiz as many times as you like in order to test your knowledge.
1. A notary should not proceed with a notarization if:(Required)
Please choose the best answer.
2. The act of taking an acknowledgement:(Required)
3. Witnessing a signature can be achieved on a document that has already been signed.(Required)
4. The image below is an example of an accurate and correctly completed notarization of a signature in a representative capacity:(Required)
Notary form
5. In addition to the requirements for witnessing a signature, in order to perform a Jurat, a notary must:(Required)
6. Because the process of certifying copies of a document does not include verifying a signature, this is the one notarial act that may not require the presence of a particular individual nor are you required to identify anyone in conjunction with the notarial act.(Required)

5. Specialized Information

This chapter explains how to notarize in special situations, including documents in a foreign language, notarizing for apostilles or authentications, and what to do if the signer is unable to physically sign a document.

Chapter 5 – General Information

Welcome back! Typically, the notarial acts you will be asked to perform will be pretty simple and straightforward. But what if you are asked, for example, to notarize a document in a foreign language, or any other of several specialized notarial acts? In this lesson, we’re going to discuss the important factors in determining whether or not you can accommodate these requests.

First, it’s important to remember that you must be able to read the notarial certificate and understand what you are being asked to do. If the notarial certificate is not in English, you must have it translated before going forward. This is true even if you are fluent in the language the certificate is written in.

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 county. If you are asked to notarize something that will be submitted for either type of certification, there is nothing special you are being asked to do—except doing the notarial certificate 100% correctly. As long as you follow the appropriate instructions as provided in the Idaho Notary Handbook and complete a full notarial certificate, the requested state certification can be provided.

State-certified copies of school transcripts or diplomas are frequently requested for foreign exchange students. These require an additional step before the apostille or authentication can be issued. First, an authorized school official must certify the document. Next, you must notarize the school official’s signature using a certificate for a signature witness.

There may be a circumstance when a person is physically unable to sign their name on a document but needs a notarization. Several options exist in such cases, including signature by mark, signature by stamp, signature by electronic means, and signature by third party. It is important to remember, when a third party is signing on behalf of someone who is physically unable to sign, both the signer and the person whom they direct to sign their name must be physically present during the notarization. Additionally, in all situations requiring another person’s assistance, that person should be an unbiased, independent third party who is not in any way a beneficiary to the transaction.

So there you have it! A couple of unique situations where you’ll need to take a couple extra steps. Remember, when in doubt, refer back to your Idaho Notary Handbook, or call the Idaho Secretary of State for guidance. With that, on to your quiz! Have fun and see you soon!

This field is for validation purposes and should be left unchanged.

About the Quiz

There are 5 questions. A passing score is 70% or higher. The results are not recorded. You may take the quiz as many times as you like in order to test your knowledge.
1. For a notarization of a document written in a foreign language, an Idaho notary must:(Required)
Please choose the best answer.
2. If you are asked to notarize something that is going to be submitted for an apostille or authentication(Required)
3. When notarizing a school transcript or report card to be sent as a state certified copy, you must witness the signature of the school official signing the official transcript or report card, as that signature is what you are notarizing.(Required)
4. A person unable to physically sign his or her name to a document but requesting notarization may:(Required)
5. In all situations requiring the assistance of another person, that person must be an independent third party not involved in any way or a beneficiary to the transaction.(Required)

6. Idaho Notary Law

This chapter covers the statutes in Idaho Code that govern notaries in Idaho.

Chapter 6 – Idaho Notary Law

In the previous five lessons, we’ve learned about the laws, rules, procedures, and ethics of performing notarial acts in Idaho. However, you may still have questions, especially when asked to perform a notarial act with special circumstances. This is why every notary public in Idaho should have a copy of the Idaho Notary Handbook for a more in-depth explanation of how to be a notary in Idaho. The handbook is available on the Idaho Secretary of State website here.

As a notary, it’s important to understand and follow Idaho’s notary laws. Following these laws will be your best insurance against losing your commission. Not to mention, breaking these laws can result in criminal or civil penalties. While the entirety of the Idaho Revised Law on Notarial Acts is important to review, in the next few minutes, we are going to zero in on a couple of common issues that we frequently see.

Title 51, Chapter 1 section 4, referred to as 51-104, Idaho Code, clarifies that a notary may not notarize a document in which they or their spouse have a direct beneficial interest. Think of this as simply being conflicted. Notarial Acts performed in violation of this statute are voidable. Another common issue pertains to the expiration of the identification used during a notarial act.

51-107 Idaho Code states that while an expired ID may be used for identification, it must have expired within the last 3 years. Idaho Code

51-111 through 51-113 are important to review, as they deal with acts performed under other authorities, such as those performed in other states, under tribal authority, or under federal authority. The important thing to remember in these cases is that the person performing the notarial act must be operating under the authority of, and be operating within the jurisdiction of the authority.

51-115 and 51-120 address two common procedural issues. The first states that a notary may only actually sign a document AFTER performing the notarial act. The second addresses the use of electronic notarization, and states that a notary must register their technology with the Secretary of State BEFORE executing an act on an electronic record.”

51-121 not only reviews the requirements for a commission as a notary, but also reminds us that this commission is a privilege, issued at the discretion of the Secretary of State.

51-123 outlines the conditions under which this same commission may be potentially revoked. These sections are important to remember, and worth your review.

Finally, Idaho Code 51-125 lays out what a notary commission does NOT authorize you to do. This chapter should be of high concern to a notary. The most common concern? Providing advice that would constitute legal counsel. 51-125 clearly states that a commission does not authorize a notary to “Assist persons in drafting legal records, give legal advice or otherwise practice law;”

So on to your final quiz, and then that is the end of our training. Thank you for your attention, and we hope this has better equipped you to perform your duties as an Idaho Notary. Please feel free to contact our office with any questions!

An Idaho notary public is a public official commissioned by the Idaho Secretary of State. They administer oaths and affirmations, take acknowledgements, witness signatures, and perform other duties as permitted by state law. A notary should pay close attention to the details, because as a commissioned public official, notaries ARE acting on behalf of the state of Idaho. We thank you for taking on this responsibility, and hope this quick journey through the Notary handbook gives you a good start.

The notary’s primary function is to serve as an official, unbiased witness to the identity, the comprehension, and the intent of the person requesting the notarial act. This is why the person whose signature, oath, or acknowledgement you are notarizing MUST personally appear before you when you perform the notarization. When performing any notarial act, it is important to understand how the act affects the rights of others. Carelessness or negligence when performing a notarial act may injure these rights which can result in the notary being held personally responsible for improper, negligent, or fraudulent actions.

As an official witness who has been appointed by the Idaho Secretary of State, a notary must act with integrity and impartiality. It is important to remember that every notarial act is performed under the notary’s oath of office. This is the reason for the statement printed on every notarial certificate. These words are not mere formalities; they are the notary’s “witness statement” telling what happened, where it happened, when it happened, and who was involved.

Finally, to help offset your costs incurred as a notary, Idaho statutes allow you to charge a maximum fee of $5 for performing a notarial act. You can also charge for reasonable travel expenses. So with that quick overview, lets return to the course and take your first quiz!

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

About the Quiz

There are 8 questions. A passing score is 70% or higher. The results are not recorded. You may take the quiz as many times as you like in order to test your knowledge.
1. Idaho’s notarial laws, known as the Revised Uniform Law on Notarial Acts, is found in Title 51, Chapter 1, of Idaho Code.*
Please choose the best answer.
2. Under 51-104 Idaho code, a notary may NOT “perform a notarial act with respect to a record to which the notary public or the notary public’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.”*
3. Under 51-107 Idaho code, the form of identification used to verify the identity of an individual must not be expired.*
4. Under 51-111 through 51-113, the acts performed by which of the following has the same effect as if performed by a notary of this state?*
5. Under 51-115 Idaho Code, a notary may affix their signature to or logically associate their signature with a document prior to the notarial act being performed.*
6. Under 51-120, a notary wishing to perform notarial acts with regards to electronic records must, prior to performing their first notarial act with regards to an electronic record, which technology they intend to use by filing an application/notification with the Secretary of State.*
7. The Idaho Secretary of State has the discretion and authority to deny, refuse to renew, revoke, suspend, or impose a condition on the commission of an Idaho notary for failure to comply with any portion of Idaho notarial law.*
8. Under 51-125, a notary is prohibited from assisting persons in drafting legal documents, giving legal advice, or otherwise practicing law unless the notary is an attorney licensed to practice law in this state.*

7. Remote Online Notarization

This chapter covers remote online notarization including communication technologies, and how to become authorized to perform remote online notarizations.

Chapter 7 – Remote Online Notarization

Welcome to another session of the Idaho notary training series. In this session, we will go over certain acts to take when performing Remote Online Notarizations, also known as RON, for remotely located individuals.

An Idaho Notary Public can perform notarial acts for a remotely located individual through the use of communication technology. To be authorized to perform RON, a notary must first, notify the Secretary of State both that they intend to perform Remote Online Notarizations, and what specific technology they intend to use.

That technology must provide both audio and video communication of sufficient quality and clarity, allowing the notary to clearly see and hear the individuals involved and clearly verify the electronic documents to be notarized. That technology must also be able to provide an audio and video recording of all parties involved to then be retained for at least ten (10) years. Along with your notary signature and stamp the digital certificate will include a statement substantially similar to: “This notarial act involved the use of communication technology.”

However, before performing the remote notarial act, the notary must be able to verify or “proof” the identity of the remotely located individual. This is done either through personal knowledge of the individual, or through an identity proofing process in which consists of a knowledge-based authentication and a presentation of an official identity credential that can be verified by:

  • automated software assistance;
  • an authenticity test consistent with sound commercial practices;
  • held or published information by the issuing source used to confirm the validity of personal details; and
  • visual comparison (by video) of the remotely located individual and their identity credential.

Alternately, a credible witness, either on-site or remotely located, may verify the identity of the remotely located individual by personal knowledge. If so, the notary must then verify the credible witness by either personal knowledge or the identity proofing process. The credible witness is expected to remain in the recording for the entire notarial act.
Remember – It is the responsibility of the notary to ensure their chosen technology meets the requirements outlined in the Idaho Administrative Rules governing Remote Online Notarizations.

You’ve reached the end of your Idaho Remote Online Notary Training. Thank you for your attention, and we hope this has better equipped you to perform Remote Online Notarizations. Please feel free to contact our office with any questions!

This field is for validation purposes and should be left unchanged.

About the Quiz

There are 7 questions. A passing score is 70% or higher. The results are not recorded. You may take the quiz as many times as you like in order to test your knowledge.
1. To perform a notarial act for a remotely located individual, the communication technology must:(Required)
2. How many years must the recording be retained?(Required)
3. An Idaho notary must notify the Secretary of State both that they intend to perform Remote Online Notarizations, and what specific technology they intend to use.(Required)
4. After passing the knowledge-based authentication, which of these approaches must be used to verify the identity credential of the remotely located individual?(Required)
5. If the notary public identifies the remotely located individual by personal knowledge, verification or proof of their identity credential is still needed.(Required)
6. Which of the following is an acceptable use of a credible witness in a remote online notarization?(Required)
7. Which statement must appear on each certificate for a remotely located individual?(Required)

Photo: Lake in the Sawtooth Mountains of Idaho.

Subscribe to Updates from Idaho Secretary of State Phil McGrane

* indicates required