What is a Notary Public?

The Notary's term of office is six years and is applicable state-wide. Notaries in Idaho are appointed by the Secretary of State. As the name implies, a Notary Public is a public officer located in the community so that he or she may be of service to the public. Our laws consider instruments of such importance that they must be signed by the maker in the presence of a public officer.

The Notary's primary duty is to show that the signer of a document understands what he/she is signing and has declared that his/her identity and signature are genuine. The purpose is to prevent fraud and forgery. The biggest mistake made by notaries is not taking the office of Notary Public seriously. The Notary is not authorized to practice law or give legal advice. The Notary may not take acknowledgments over the telephone or take an acknowledgment because he recognized the signature or a friend states that it is the person's signature. If appointed, you must never take an acknowledgment unless the acknowledger appears before you, otherwise, the whole purpose is defeated. Improper notarial acts can be held personally liable for the loss and subject to disciplinary action under the Notary Public act.
Remember: The Notary's duty is to prevent fraud and forgery.