55-707 - REQUISITES OF ACKNOWLEDGEMENT
The acknowledgment of an instrument must not be taken, unless the officer taking it knows, or has satisfactory evidence from a credible source, that the person making such acknowledgment is the individual who is described in, and who executed, the instrument; or, if executed by a corporation, that the person making such acknowledgment is the president or vice president or secretary or assistant secretary of such corporation; or other person who executed on its behalf; or if executed in the name of the state of Idaho or that of any county, political subdivision, municipal or quasi-municipal or public corporation, that the person making such acknowledgment is one (1) of its officers executing the same; or if executed in a partnership name, that the person making the acknowledgment is the partner or one (1) of the partners subscribing the partnership name to such instrument; or, if executed by a limited liability company, that the person making such acknowledgment is a manager or member of such limited liability company or other person who executed on its behalf.
We look for both specific wording and form in this review. Acknowledgements are situation specific, and in some cases the forms will need to combined or altered. If there is any question, we may ask for a determination from the Secretary of State office on whether a form meets the requirements of Title 55, Chapter 7.
While the President, Vice President, Secretary or Assistant Secretary are recognized by Idaho Code to sign for a corporation, this would not preclude another position from being a signer, as long as it was authorized in writing by the Corporation. However, these corporate documents are not generally of public record. The only documents we use are those held by the Secretary of State, which are the Articles of Incorporation and the Annual Report Form. We would require enough supporting documentation that it would be easier to just use the Code approved officers.
A Notary’s name, signature, seal and commission expiration date are required. The place of residence, though it is frequently added, does not seem to be a specific requirement of Idaho Code. See I.C. 51-107(2).
Do the names (and titles, if noted) in the Certificate of Owners match the names (and titles, if noted) in the Acknowledgement?
Do the titles (for business entities) agree with the records filed with the Idaho Secretary of States office?
Is the form of acknowledgement correct for the signer(s)? This completely depends on the type of ownership, and in what capacity the signer is acting.
In the case of multiple owners, is each of the owner types represented by the appropriate acknowledgement? Owners of a common type (i.e.: Individuals) maybe included in a single acknowledgement if needed.
Is the Notary Seal and signature “original”? A notary seal that is pre-printed will not be accepted.
Is the Notary Seal and signature able to scan, or able to copy with a blueline process? A notary seal that is any color but black or a very dark, dense blue will not be accepted.
Is the commission expiration date, required under 51-109(8), stated below the signature? There have been cases where recorded documents have stated “my bond expires”, instead of “my commission expires”. This is not correct. Commission is defined as “The act of giving the authority or power to perform a specific task or duty”. The bond does not grant authority to a notary, but protects the signer of the document.
Types of Acknowledgements
· Acknowledgement By Individual
I.C. Title 51, Chapter 1 (Notary Public Act)
I.C. Title 55, Chapter 7 (Acknowledgements)