Acknowledgement by Corporation
The certificate of acknowledgement, unless it is otherwise provided for in Title 55, Chapter 7, must be in substantially the following form:
55-711. ACKNOWLEDGEMENT BY CORPORATION
Examples:
State of Idaho )
) ss.
County of ______)
On this ____ day of ________, in the year ____, before me (here insert the name and quality of the officer 1 ),
personally appeared ______________, known or identified to me (or proved to me on the oath of ___2____),
to be the _3_____________________ of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same.
1 The information that goes here would be the name of the Notary, and the “quality of the officer” would be simply “a Notary Public in and for said state”
2 The oath, and the administration thereof are discussed in I.C. Title 9 Chapter 14, and Title 51 Chapter 1 Section 9.
3 The Position of the officer. Normally the President, Vice-President, Secretary or Assistant Secretary.
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 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.
The same criteria would apply to non-profit corporations. Change the references in the certificate from “Corporation” to “Non-Profit Corporation”
Review:
- Is the Corporation currently in good standing according to the records of the Idaho Secretary of State?
- Does the signers name and title match the documents of record on file with the Secretary of State (Articles of Incorporation and the current Annual Report Form)?
References:
Title 55, Chapter 7, Section 11
Last Revised: 5/3/2010 9:16 AM