Idaho Frequently Asked Questions
Our FAQs cover many topics asked by our Idaho customers. If you can't find the answer to your question, please contact our Customer Care Team.
What is a notary?
A notary is a public official commissioned by the Secretary of State to perform certain functions, or "notarial acts." A notary serves as an impartial witness to the execution of documents, helping to deter fraud and promote the integrity of document transactions.
What is the purpose of a notary public?
A notary acts as an official, unbiased witness to the identity, the comprehension, the intent, and the signature of the person who comes before the notary for a specific purpose. A notary public does not “legalize” documents, or verify the accuracy or truthfulness of the content or statements made in a document.
What is a notary bond?
The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond. The notary will have to pay the bond back and cover any losses in excess of the bond amount.
What amount of bond is required in Idaho?
The law requires a $10,000 notary bond.
Do I have any liability as a notary, and can how I limit it?
Yes, notaries are liable for performing their duties accurately. Mistakes can lead to significant consequences, such as someone losing their property or a multimillion-dollar transaction being voided. If this happens, a court might hold you responsible for the loss and issue a judgment against you. Most bond companies require reimbursement if they pay a claim on your behalf, and you would be liable for any amount not covered by your bond.
To limit your liability:
- Know and follow Idaho notary laws.
- Take responsibility for your own notary education.
- Stay informed about changes in the law.
- Never make exceptions for anyone.
- Use reasonable care and common sense in performing your duties.
- Carry errors and omissions insurance.
- Keep a record book.
I'm already a notary, how can I obtain an E&O policy?
Even though you didn't get E&O insurance when you became a notary or renew your commission, you can still get coverage now. We offer prorated E&O policies, which means you can pay for the remaining time you have left on your commission. Just head over to the 'Insurance' tab to browse options and find the policy that best suits your needs.
Here's an example: Let's say you renewed your commission today without E&O insurance. A year later, you decide you would be more comfortable with insurance and want a $25,000 policy. In this case, you would be purchasing a policy for the remaining three years of your commission. Thus, the policy would be prorated.
Note: A renewing notary is not eligible for a prorated policy at the time of their renewal, simply because they are purchasing a full E&O policy to cover them for their entire four-year term.
Am I required to keep a record of my notarial acts (record book or notary journal)?
Idaho notaries are not required to keep a record book, but it is highly recommended by the Secretary of State's Office. A record book will help you recall past notarial acts if you ever have to appear in court to testify. Contact us directly to order at (800) 826-2936 or purchase online through our Supplies section. Record books may be either a permanent, bound paper journal designed to deter fraud or a permanent, tamper-evident electronic journal.
Each journal entry should include:
- the date and time of the notarization;
- the type of notarial act;
- a description of the document (usually the document date and type);
- the type of identification used;
- the signature, printed name, and address of the person for whom the notarial act was performed;
- signatures are not required for certified copies or remotely notarized documents
- and the fee (if any) charged for the notarization
What are the requirements to become a notary in Idaho?
To become a notary in Idaho, you must:
- Be at least 18 years old
- Be a citizen or a legal permanent resident of the United States
- Be a resident or have a place of employment or practice in Idaho
- Be able to read and write English
- Not be disqualified to receive a commission pursuant to Idaho Code §51-123
What disqualifies you from becoming a notary in Idaho?
In Idaho, several factors can disqualify an individual from becoming a notary or lead to the denial, non-renewal, revocation, suspension, or conditional approval of a notary public commission. These factors include:
• a fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state;
• a conviction of the applicant or notary public of any felony or crime involving fraud, dishonesty, or deceit;
• a finding against, or admission of liability by the applicant or notary public in any legal proceeding or disciplinary action based on the applicant's or notary public's fraud, dishonesty, or deceit;
• failure by the notary public to discharge any duty required of a notary public, whether by Title 51, Chapter 1, rules of the secretary of state, or any state or federal law;
• use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary does not have;
• violation by the notary public of a rule of the secretary of state regarding a notary public;
• denial, revocation, suspension of, or conditioning of a notary public commission in another state; or
• failure of the notary public to maintain an assurance, as provided in 51-121, Idaho Code.
Can a non-resident become a notary in Idaho?
Yes, if they have a place of employment or practice in Idaho.
How do I become a notary in Idaho?
Notary Public Underwriters makes applying to become a notary in Idaho easy! Simply go to our Become a Notary page and follow the instructions to complete our online application process.
How do I renew my Idaho notary commission?
Simply go to our Renew Commission Page and follow the instructions to renew your notary commission.
How long does a notary commission last in Idaho?
6 years.
How do I pay for my order?
We accept Visa, MasterCard, American Express, and Discover credit cards. We also accept check and money orders by mail.
When can I expect to receive my order?
Generally, your order will arrive within 5 to 7 business days after we receive confirmation of your appointment. However, please allow up to 12 business days to account for any potential carrier delays.
What should I do if my order has not shown up on time?
Please contact Notary Public Underwriters of Idaho.
May I cancel or change my order?
This will depend on how far along your order is in the process. Orders are processed as quickly as possible; therefore, once your order has been marked as "shipped" on your account page, it is too late to modify or cancel the order. If you think you have made a mistake with your order, please contact customer service. We will see if there is something we can do to help.
Can I get a refund?
Please contact our Customer Care Team if you are not happy with your order. Once we know what the problem is, we will let you know how we can help.
Do I need a notary seal in Idaho?
Yes. The law requires all notaries in Idaho to use an stamping device that shall conform to the following standard as per I.C. 51-117, 118:
- The device must be an inked stamp, which provides an image that is readily visible upon copying.
- The device must have a serrated or milled-edge border.
- The device must be in a rectangular or circular form.
- The device shall not exceed two and one-fourth (2.25) inches by one (1) inch if rectangular, or one and three-fourths (1.75) inches in diameter if circular.
- Your commission expiration date may be included (optional). e.g.: My Commission Expires January 1, 2030
- The device must include the following, and nothing more:
- Notary Public
- State of Idaho
- The notary's name (exactly as it appears on their certificate)
- The notary's state-issued commission number.
Notary Public Underwriters offers quality notary seals and supplies that are complaint with Idaho law. Click here to view our array of supplies.
What do I do if my seal is lost or stolen?
If your seal is lost, stolen or otherwise inaccessible, you must notify the Secretary of State immediately.
Do I have to notify the state if I change my name or address?
Yes. You must notify the Secretary of State within 30 days of any change such as name, physical or mailing address, personal telephone number, employment information, and whether the notary intends to provide electronic services. To do so, Visit the Secretary of State's website to obtain the notary form to update your information.
Don't forget to notify Notary Public Underwriters, so we can stay in touch with you.
What does it mean to “notarize a signature”?
“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.
What notarial acts am I authorized to perform?
Under Idaho notary law, notaries are allowed to:
- Take acknowledgments
- Witness or attest signatures
- Verification upon oath or affirmation (Jurat)
- Administering oaths
- Certifying or attest copies of a record
- Transcribe and certify depositions
- Note a protest of a negotiable instrument
What is the venue?
“State of Idaho, County of _____”
This notation is called the venue. It is the location of the notarization – not the county where you live or work.
Does the person I an notarizing for need to be present?
Yes. Pursuant to 51-106, Idaho Code, “…the individual making the statement or executing the signature shall appear personally before the notary public.” Furthermore, pursuant to 51-102, Idaho Code, “…appear personally means that the notarial officer is physically close enough to see, hear, communicate with and receive identification documents from the individual seeking notarization and any required witness.”
May I notarize my own signature?
No. Notarizing your own signature violates 51-104, Idaho Code.
May I perform a notarization when I am a party?
No. If you are a party to the transaction or if you have a direct benefit by a transaction, you may NOT be the notary for this transaction.
Can I perform a notarization for a family member?
In Idaho, a notary may not perform a notarization where the notary or the notary's spouse is a party, or in which either of them has a direct beneficial interest. However, it is best practice not to notarize for any family members as you would compromise your role as an impartial witness and may jeopardize the validity of an important transaction.
May I assist a client with legal documents?
No, not unless you are an attorney licensed to practice law in Idaho. Furthermore, you may not explain the contents of a document or give any advice about the document.
May I help a friend fill out immigration papers?
No. Only attorneys or qualified immigration specialists may perform these duties.
May I choose a notarial certificate to go on a document?
No, you do not have the legal rights to do so. If done, this could be considered an unauthorized practice of law.
May I help a friend draft a legal document?
No. Only attorneys may prepare legal documents.
What happens if a notarization has cost me money?
You may file a claim against the notary's bond.
How do I file a claim against a notary's bond?
A bond is required by the State to be available in order to compensate any individual harmed as a result of a breach of duty by the notary. Individuals harmed can file a claim against the notary's bond for financial damage.
Claims may occur due to signatures which are forged, incomplete, or otherwise defective in real estate transactions, motor vehicle transfers, and cases where the validity or date of a document may be an issue.
In order to file a claim against a notary bonded through our company, you will need to submit the following:
- Copy of the improperly notarized document
- Proof of error or fraud by notary
- Letter stating the amount of financial damage or loss caused by the notarization
Please send the above information to:
Claims Department
Notary Public Underwriters of Idaho
P.O. Box 7457
Tallahassee, FL 32314-7457
Or fax to:
888-979-7063
Attn: Claims Department
For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.
Who do I contact to check on the status of a claim?
For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.
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