51-120. NOTIFICATION REGARDING PERFORMANCE OF NOTARIAL ACT ON ELECTRONIC RECORD — SELECTION OF TECHNOLOGY — ACCEPTANCE OF TANGIBLE COPY OF ELECTRONIC RECORD. (1) A notary public may select one (1) or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
(2) Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to section 51-127, Idaho Code, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology.
(3) A recorder shall accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.
History:
[51-120, added 2017, ch. 192, sec. 3, p. 449; am. 2019, ch. 160, sec. 6, p. 525.]
Structure Idaho Code
Title 51 - NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS
Chapter 1 - REVISED UNIFORM LAW ON NOTARIAL ACTS (2018)
Section 51-103 - APPLICABILITY.
Section 51-104 - AUTHORITY TO PERFORM NOTARIAL ACT.
Section 51-105 - REQUIREMENTS FOR CERTAIN NOTARIAL ACTS.
Section 51-106 - PERSONAL APPEARANCE REQUIRED.
Section 51-107 - IDENTIFICATION OF INDIVIDUAL.
Section 51-108 - AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT.
Section 51-109 - SIGNATURE IF INDIVIDUAL UNABLE TO SIGN.
Section 51-110 - NOTARIAL ACT IN THIS STATE.
Section 51-111 - NOTARIAL ACT IN ANOTHER STATE.
Section 51-112 - NOTARIAL ACT UNDER AUTHORITY OF FEDERALLY RECOGNIZED INDIAN TRIBE.
Section 51-113 - NOTARIAL ACT UNDER FEDERAL AUTHORITY.
Section 51-114 - FOREIGN NOTARIAL ACT.
Section 51-114A - NOTARIAL ACT PERFORMED BY REMOTELY LOCATED INDIVIDUAL.
Section 51-115 - CERTIFICATE OF NOTARIAL ACT.
Section 51-116 - SHORT FORM CERTIFICATES.
Section 51-116A - ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY.
Section 51-117 - OFFICIAL STAMP.
Section 51-118 - STAMPING DEVICE.
Section 51-122 - COURSE OF STUDY.
Section 51-123 - GROUNDS TO DENY, REVOKE, SUSPEND OR CONDITION COMMISSION OF NOTARY PUBLIC.
Section 51-124 - DATABASE OF NOTARIES PUBLIC.
Section 51-125 - PROHIBITED ACTS.
Section 51-126 - VALIDITY OF NOTARIAL ACTS.
Section 51-128 - NOTARY PUBLIC COMMISSION IN EFFECT.
Section 51-129 - SAVINGS CLAUSE.
Section 51-130 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 51-131 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.