Idaho Code

Idaho Code § 51-104 (2026)

authority to perform notarial act. 

✓ current as of May 2026
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authority to perform notarial act. 

(1) A notarial officer may perform a notarial act authorized by this chapter or by law of this state other than this chapter.

(2)  A notary public may not perform a notarial act with respect to a record to which the notary public or the notary public’s spouse is a party, or in which either of them has a direct beneficial interest. A notarial act performed in violation of this subsection is voidable.
(3)  A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record.
Notes of Decisions
Cited in 1 case, 1984–1984 · leading case: Benjamin Franklin Sav. & Loan Ass'n v. New Concept Realty & Dev., Inc., 692 P.2d 355 (Idaho 1984).
Benjamin Franklin Sav. & Loan Ass'n v. New Concept Realty & Dev., Inc., 692 P.2d 355 (Idaho 1984). · cites it 4× “The certificate states that the grantors personally appeared before the notary and acknowledged their execution of the deed of trust.”
— Idaho Code § 51-104(2) — 1 case
Benjamin Franklin Sav. & Loan Ass'n v. New Concept Realty & Dev., Inc., 692 P.2d 355 (Idaho 1984). “The certificate states that the grantors personally appeared before the notary and acknowledged their execution of the deed of trust.”
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