Remote and Electronic Notarization in Idaho

by | Aug 31, 2020 | Business Planning, Formation and Management, Estate Planning, Insights, Media

Madsen Beck is now able to offer electronic and remote notarial services to our clients.

What does this mean for you? This means that you do not need to track down a notary that is open for business when you need them and who will allow you to safely appear in person. Read on for more information on the new law.

Remote Notary Services

As of January 1, 2020, Senate Bill 1111 (SB 1111) became law, which amends Idaho’s notary statute. This new law changes the requirements for conducting electronic notarizations and remote notarizations in Idaho. Now Idaho’s notary laws allow a notary public located in Idaho to “perform a notarial act using communication technology for a remotely located individual.”

A “remotely located individual” is defined as an individual who is not in the physical presence of the notary public who performs a notarial act.

Conducting the Remote Notarial Act

Once a notary has applied to the Secretary of State and has been approved to electronically and remotely notarize documents, the notary must follow new rules to properly notarize a statement or signature remotely.

To be approved to perform electronic and remote notary services, a notary must:

  1. Be able to confirm the identity of the individual by personal knowledge, oath or affirmation of a credible witness or by satisfactory evidence by using at least two (2) different types of identity proofing;
  2. Be able to reasonably confirm the record before the notary public as the same record in which the remotely located individual made a statement or signed the record; and
  3. Create an audio-visual recording of the performance of the notarial act.

If a statement or signature is notarized remotely, the certificate of notarial act must indicate that the notarial act was performed using communication technology.

Idaho Law also allows a notary public to perform an electronic notary as well. For a notary to be authorized to perform electronic notarial acts, they must also apply to the Secretary of State for approval.

Difference between Notarial and Remote Notarial Acts

It is important to note that there is a difference between an “electronic notarial act” and a “remote notarial act.” As discussed above, a “remote notarial act” is one where the notary and the person making the statement or signature is not in the physical presence of the notary.

Conversely, an “electronic notarial act” is still conducted in the presence of the notary, but a tamper-evident technology is used to perform the notarial act instead of the traditional “paper method” of performing a notarial act.

At Madsen Beck, we are committed to providing legal services and assistance, even during the current crisis. This means that we are adapting to new changes and technologies to better serve our client’s needs. Whether you need assistance with estate planning, probate, trust administration, civil litigation or something else, we are here to help.

Schedule a Consultation

Our attorneys are here to help. To schedule a consultation, please contact us today.

Contact Info:

P.O. Box 140598
Boise, ID 83714

(208) 321-6384

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Monday: 9am - 5pm
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