(1) A notarial act must be evidenced by a certificate. The certificate must:
(a)  Be executed contemporaneously with the performance of the notarial act;
(b)  Be signed and dated by the notary public;
(c)  Identify the jurisdiction in which the notarial act is performed; and
(d)  Indicate the date of expiration, if any, of the notary public’s commission.
(2)  If a notarial act regarding a tangible or electronic record is performed by a notary public, an official stamp must be affixed to the certificate.
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Terms Used In Idaho Code 51-115

  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Idaho Code 51-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Idaho Code 51-102
  • Notary public: means an individual commissioned to perform a notarial act by the secretary of state. See Idaho Code 51-102
  • Official stamp: means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record. See Idaho Code 51-102
  • Record: means information inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Idaho Code 51-102
  • Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Idaho Code 51-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 51-102
(3)  A certificate of a notarial act is sufficient if it meets the requirements of subsections (1) and (2) of this section and:
(a)  Is in a short form set forth in section 51-116, Idaho Code;
(b)  Is in a form otherwise permitted by the law of this state;
(c)  Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
(d)  Sets forth the actions of the notary public and the actions are sufficient to meet the requirements of the notarial act as provided in sections 51-105, 51-106 and 51-107, Idaho Code, or law of this state other than this chapter.
(4)  By executing a certificate of a notarial act, a notary public certifies that the notary public has complied with the requirements and made the determinations specified in sections 51-105, 51-106 and 51-107, Idaho Code.
(5)  A notary public may not affix the notary public’s signature to, or logically associate it with, a certificate until the notarial act has been performed.
(6)  If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section 51-127, Idaho Code, for attaching, affixing or logically associating the certificate, the process must conform to the standards.