In-Person Paper Notarizations
Am I required by law to maintain a notary journal in Idaho?
No, a notary public in the State of Idaho is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of Idaho and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations.
Recommended best practices for notary journals
Although the State of Idaho does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.
The following pieces of information are considered “best practice” to collect in a notary journal
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Date and time of each notarial act
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A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment)
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The printed full name, signature and address of each person for whom a notarial act is performed.
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A description of the identification document, its serial or identification number and its date of issuance or expiration
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The fee charged for the notarial service
It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code.
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Idaho?
Yes, notaries in the State of Idaho are authorized to perform remote online notarizations
Do I have to record the Remote Online Notarization session?
Yes
"A notary public shall retain an audio-visual recording required under I.C. 51-114A, in a computer or other electronic storage device that protects the audio-visual recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard audio-visual file format and not include imagesof any record in which a remotely located individual made a statement or on which a remotely located individual executed a signature." (IAC 34.07.01.016.02)
What is the retention period for RON recordings?
10 years
"The recording must be retained for at least ten (10) years after the recording is made." (IAC 34.07.01.016.02)
Do I have to log RON sessions in a journal?
No, but Idaho recommends the practice
“A notary public may maintain one or more journals in which the notary public chronicles all notarial acts that the notary public performs with respect to remotely located individuals. A journal may be created on a tangible medium or in an electronic format using an industry-standard data file format. If the journal is maintained on a tangible medium, it must be a permanent, bound register with numbered pages. An entry in a journal must be made contemporaneously with the performance of the notarial act. (1-2-20)T” (IAC 34.07.01.016.01).
RON recordings upon death
"On the death of adjunction of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any person knowingly in possession of a recording shall:
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Comply with the retention requirements of this subsection;
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Transmit the recording to one or more repositories under IDAPA 34.07.01.016.03; or
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Transmit the recording in an industry—standard readable data storage device to the Secretary of State." (IAC 34.07.01.016.02)
Reference Links
Helpful resources for Idaho Notaries
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Idaho Notary Handbook
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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