51-125. PROHIBITED ACTS. (1) A commission as a notary public does not authorize an individual to:
(a) Assist persons in drafting legal records, give legal advice or otherwise practice law;
(b) Act as an immigration consultant or an expert on immigration matters;
(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
(d) Receive compensation for performing any of the activities listed in this subsection.
(2) A notary public may not engage in false or deceptive advertising.
(3) A notary public, other than an attorney licensed to practice law in this state, may not use the term "notario" or "notario publico."
(4) A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
(5) Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person who seeks performance of a notarial act by the notary public.
History:
[51-125, added 2017, ch. 192, sec. 3, p. 451.]
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.