Idaho Modifies its Uniform Law on Notarial Acts
Idaho has passed Senate Bill 1111, an act modifying the Uniform Law on Notarial Acts. New provisions in the act are effective January 1, 2020 and allow for a notarial act to be performed by a remotely located individual.
The Revised Uniform Law on Notarial Acts creates section 51-114A of Chapter 1, Title 51 of the Idaho Code, which allows a notary public located in the state of Idaho to perform a notarial act using communication technology for a remotely located individual. The notary public, in order to complete a remote notarial act, must have personal knowledge of the identity of the individual pursuant to section 51-107(1) of the Idaho Code; have satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness pursuant to section 51-107(2) of the Idaho Code; or have obtained satisfactory evidence of identity by using at least two different types of identification. Additionally, the notary public must be able to confirm that the record is the same record the remotely located individual made a statement on or affixed their signature to. The notary public must also create an audio-video recording of the performance of the act. The notary public must use the certificate provided in section 51-116 of the Idaho Code and the certificate must contain the statement that “this notarial act was performed using communication technology.”
Prior to performing remote notarial acts, the notary public must notify the Secretary of State that the notary public will perform notarial acts using communication technology and identify the technology used. The Secretary of State is empowered to establish requirements, standards, policies, and procedures relating to the technology used, retention of audio-visual recordings, and performance of the notarial act.
The provisions of the act are effective on January 1, 2020 and the full text of the act may be found at: https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2019/legislation/S1111.pdf
Adam Faria, JD, is a regulatory compliance consultant with CLA. He is a graduate of Northeastern University and earned his juris doctor at Suffolk University Law School. He is admitted to the bar in Massachusetts and New Hampshire.
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