Idaho Statutes
Idaho Statutes
55-701 BY WHOM TAKEN -- ANY PLACE WITHIN STATE
55-702 BY WHOM TAKEN -- WITHIN LIMITED TERRITORY
55-703 BY WHOM TAKEN -- OUTSIDE OF STATE
55-704 BY WHOM TAKEN -- OUTSIDE UNITED STATES
55-705 BY WHOM TAKEN -- MEMBERS OF THE ARMED FORCES
55-706 ACKNOWLEDGMENT BEFORE DEPUTIES
55-707 REQUISITES OF ACKNOWLEDGMENT
55-707A ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY
55-708 ACKNOWLEDGMENT BY MARRIED WOMAN
55-709 CERTIFICATE OF ACKNOWLEDGMENT
55-710 FORM OF CERTIFICATE
(INDIVIDUAL)
55-711 FORM OF CERTIFICATE -- ACKNOWLEDGMENT
BY CORPORATION
55-711A FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY LIMITED LIABILITY COMPANY
55-712 FORM OF CERTIFICATE -- ACKNOWLEDGMENT
BY ATTORNEY
55-713 FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY OFFICIAL
OR FIDUCIARY
55-714 FORM OF CERTIFICATE -- ACKNOWLEDGMENT
BY PARTNERSHIP
55-715 FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY STATE
OR POLITICAL SUBDIVISION
55-716 AUTHENTICATION OF CERTIFICATE
55-717 CERTIFICATE OF JUSTICE -- AUTHENTICATION
55-718 PROOF OF EXECUTION
55-719 IDENTITY OF WITNESS MUST BE KNOWN OR PROVED
55-720 PROOF OF IDENTITY OF GRANTOR
55-721 PROOF OF INSTRUMENT BY HANDWRITING
55-722 PROOF OF INSTRUMENT BY HANDWRITING -- WHAT
EVIDENCE MUST PROVE
55-723 CERTIFICATE OF PROOF
55-724 AUTHORITY OF OFFICERS TAKING PROOF
55-725 CORRECTION OF DEFECTIVE CERTIFICATE
55-726 ACTION TO PROVE INSTRUMENT
55-727 JUDGMENT ENTITLES INSTRUMENT TO RECORD
55-728 PRIOR INSTRUMENTS NOT AFFECTED
55-729 RECORD OF PRIOR INSTRUMENTS
55-730 RECORD OF PRIOR INSTRUMENTS AS NOTICE
55-805 ACKNOWLEDGMENT NECESSARY TO AUTHORIZE RECORDING
55-701. BY WHOM TAKEN -- ANY PLACE WITHIN STATE.
The proof or acknowledgment of an instrument may be made at any place within this state,
before a justice or clerk of the Supreme Court, or a notary public, of the
secretary of state, or United States commissioner.
55-702. BY WHOM TAKEN -- WITHIN LIMITED TERRITORY.
The proof or acknowledgment of an instrument may be made in this state within the city,
county or district for which the officer was elected or appointed, before
either:
1. A judge or a clerk of a court of record; or,
2. A county recorder; or,
3. A justice of the peace.
55-703. BY WHOM TAKEN -- OUTSIDE OF STATE.
The proof or acknowledgment of an instrument may be made without this state, but within the United States,
and within the jurisdiction of the officer, before either:
1. A justice, judge or clerk of any court of record of the United States;
or,
2. A justice, judge or clerk of any court of record of any state or
territory; or,
3. A commissioner appointed by the governor of this state for that
purpose; or,
4. A notary public; or,
5. Any other officer of the state or territory where the acknowledgment
is made, authorized by its laws to take such proof or acknowledgment
55-704. BY WHOM TAKEN -- OUTSIDE UNITED STATES
The proof or acknowledgment of an instrument may be made without the United States,
before either:
1. A minister, commissioner or charge d'affaires of the United States,
resident and accredited in the country where the proof or acknowledgment is
made; or,
2. A consul or vice consul of the United States resident in the country
where the proof or acknowledgment is made; or,
3. A judge of a court of record of the country where the proof or
acknowledgment is made; or,
4. Commissioners appointed for such purposes by the governor of the state
pursuant to statute; or,
5. A notary public.
55-705. BY WHOM TAKEN -- MEMBERS OF THE ARMED FORCES.
Any officer of anycomponent of any branch of the armed forces of the United States as may be
designated to take a deposition, shall have the general powers of a notary
public in the administration of oaths, the execution and acknowledgment of
legal instruments, the attestation of documents and all other forms of
notarial acts to be executed by persons in any of the armed forces of the
United States or subject to military or naval law and/or their wives and/or
dependents.
Such an acknowledgment or oath, whether heretofore or hereafter so taken
within or without the state of Idaho or the United States and whether with
or without seal or stamp, shall have the same force and effect as an
acknowledgment or oath before a notary public duly commissioned by and
residing in the state of Idaho. Recital in the certificate of such officer
that he holds the office stated in the certificate and that the affiant is
a member of the armed forces or subject to military or naval law, or wife
or dependent of such member, shall be prima facie evidence of such facts.
55-706. ACKNOWLEDGMENT BEFORE DEPUTIES.
When any of the officers mentioned in the four (4) preceding sections are authorized
by law to appoint a deputy, the acknowledgment or proof may be taken by such deputy,
in the name of his principal.
55-707. REQUISITES OF ACKNOWLEDGMENT.
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 of its officers executing
the same; or if executed in a partnership name, that the person making the
acknowledgment is the partner or one of the partners subscribing the
partnership name to such instrument.
55-707A. ACKNOWLEDGMENT BY ENTITY ON BEHALF OF ANOTHER ENTITY.
(1) As used in this section
(a) A corporation, partnership, limited liability company, trust
or other legal entity which is the party executing an instrument
and the party, or one (1) of the parties, to be bound thereby
shall be referred to as the "maker" of the instrument;
(b) A corporation, partnership, limited liability company, trust
or other legal entity which is a partner, manager, member, trustee
or other authorized representative of the maker shall be referred
to as the "constituent entity" of the maker;
(c) The natural person who signs the written instrument as an
officer, partner, manager, member, trustee or other authorized
representative of the constituent entity shall be referred to
as the "signer"; and
(d) An acknowledgment of an instrument executed by a maker acting
through a constituent entity shall be referred to as a "compound
acknowledgment."
(2) A compound acknowledgment of an instrument shall be made
in a form which substantially conforms to the statutory form of
acknowledgment for an entity of the same legal form as either
the maker or the constituent entity; provided however, that any
acknowledgment which satisfies the requirements of subsection
(3) of this section shall suffice.
(3) A compound acknowledgment shall
(a) Identify the signer;
(b) State the signer's official title, capacity or authority
to sign on behalf of the constituent entity, or recite that the
signer is authorized to sign on behalf of the constituent entity;
(c) Identify the constituent entity or constituent entities;
(d) Recite the constituent entity's official title, capacity
or authority to act on behalf of the maker, or the relationship
of the constituent entity to the maker, or the position the constituent
entity holds in or with the maker, or that the constituent entity
is authorized to act on behalf of the maker; and
(e) Identify the maker.
(4) As an example only, a compound acknowledgment for a maker
which is a partnership, acting through a constituent entity which
is a corporation, may take the following form
STATE OF .........ss.
COUNTY OF ..........)
On this ..... day of ........, ...., before me, .............................,
a Notary Public in and for said State, personally appeared .....(signer).....,
known or identified to me (or proved to me on the oath of ..........)
to be the .......(officer title)....... of .......(constituent
entity)....... a ..................... corporation, one of the
partners in the partnership of .......(maker)......., a .........................
partnership, and the partner or one of the partners who subscribed
said partnership name to the foregoing instrument, and acknowledged
to me that he executed the within instrument on behalf of said
corporation, and that such corporation executed the same in said
partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
Notary Public for ................. Residing
at ....................... My commission expires .............
55-708. ACKNOWLEDGMENT BY MARRIED WOMAN.
The acknowledgment of a married woman to any instrument in writing shall be taken and certified to in the
same manner and form as that of a single person, and must be substantially
in the form prescribed by section 55-710.
55-709. CERTIFICATE OF ACKNOWLEDGMENT.
An officer taking the acknowledgment of an instrument must endorse thereon a certificate
substantially in the forms hereinafter prescribed.
55-710. FORM OF CERTIFICATE. (INDIVIDUAL)
The certificate of acknowledgment, unless it is otherwise in this chapter provided, must be
substantially in the following form:
State of Idaho, county of ...., ss.
On this .... day of ...., in the year of ...., before me (here insert the
name and quality of the officer), personally appeared ...., known or
identified to me (or proved to me on the oath of ....), to be the person
whose name is subscribed to the within instrument, and acknowledged to me
that he (or they) executed the same.
55-711. FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY CORPORATION.
The certificate of acknowledgment of an instrument executed by a corporation must be
substantially in the following form:
State of Idaho, county of ...., ss.
On this .... day of ...., in the year ...., before me (here insert the
name and quality of the officer), personally appeared .... known or
identified to me (or proved to me on the oath of ....) to be the president,
or vice-president, or secretary or assistant secretary, 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.
55-711A. FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY LIMITED LIABILITY COMPANY.
The certificate of acknowledgment of an instrument executed by a limited liability
company must be substantially in the following form:
State of Idaho,
County of .............., ss.
On this ......... day of ................., in the year ....,
before me (here insert the name and quality of the officer),
personally appeared ..........., known or identified to me (or
proved to me on the oath of.............), to be the manager
or a member of the limited liability company that executed the
instrument or the person who executed the instrument on behalf
of said limited liability company and acknowledged to me that
such limited liability company executed the same.
55-712. FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY ATTORNEY.
The certificate of acknowledgment by an attorney in fact must be substantially
in the following form:
State of Idaho, county of ...., ss.
On this .... day of ...., in the year ...., before me (here insert the
name and quality of the officer), personally appeared ...., known or
identified to me (or proved to me on the oath of ....) to be the person
whose name is subscribed to the within instrument as the attorney in fact
of ...., and acknowledged to me that he subscribed the name of .... thereto
as principal, and his own name as attorney in fact.
55-713. FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY OFFICIAL OR FIDUCIARY.
The certificate of acknowledgment of an instrument which is executed by a person in his own name
as trustee or as executor, administrator, guardian, sheriff, receiver or other official or representative
capacity, shall be substantially in the following form:
State of Idaho, county of ...., ss.
On this .... day of ...., in the year ...., before me (here insert the
name and quality of the officer) personally appeared ...., known or
identified to me (or proved to me on the oath of ....), to be the person
whose name is subscribed to the within instrument as (here insert the
official or representative capacity in which the instrument is executed)
and acknowledged to me that he (or they) executed the same as such (here
insert again the official or representative capacity in which the
instrument is executed).
55-714. FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY PARTNERSHIP.
The certificate of acknowledgment of an instrument executed in a partnership name must
be substantially in the following form:
State of Idaho, county of ...., ss.
On this .... day of ...., in the year ...., before me (here insert the
name and quality of the officer), personally appeared ...., known or
identified to me (or proved to me on the oath of ....), to be one of the
partners in the partnership of (here insert partnership name signed to
instrument), and the partner or one of the partners who subscribed said
partnership name to the foregoing instrument, and acknowledged to me that
he executed the same in said partnership name.
55-715. FORM OF CERTIFICATE -- ACKNOWLEDGMENT BY STATE OR POLITICAL
SUBDIVISION.
The certificate of acknowledgment of an instrument executed in the name of the state of Idaho or
any county, political subdivision, municipal, quasi-municipal or public corporation, must be substantially
in the following form:
State of Idaho, county of ...., ss.
On this .... day of ...., in the year ...., before me (here insert the
name and quality of the officer), personally appeared ...., known or
identified to me (or proved to me on the oath of ....), to be the (here
insert the official capacity of the officer making the acknowledgment) of
the (here insert the name of state, county, subdivision or corporation
executing the instrument) that executed the said instrument, and
acknowledged to me that such (here insert name of state, county, political
subdivision, municipal or public corporation executing the instrument)
executed the same
55-716. AUTHENTICATION OF CERTIFICATE.
Officers taking and certifying acknowledgments or proof of instruments for record must authenticate their
certificates by affixing thereto their signatures, followed by the names of
their offices; also their seals of office, if by the laws of the territory,
state or country where the acknowledgment or proof is taken, or by
authority of which they are acting, they are required to have official
seals.
55-717. CERTIFICATE OF JUSTICE -- AUTHENTICATION.
The certificate of proof or acknowledgment, if made before a justice of the peace, when used
in any county other than that in which he resides, must be accompanied by a
certificate under the hand and seal of the recorder of the county in which
the justice resides, setting forth that such justice, at the time of taking
such proof or acknowledgment, was authorized to take the same, and that the
recorder is acquainted with his handwriting, and believes that the
signature to the original certificate is genuine.
55-718. PROOF OF EXECUTION.
Proof of the execution of an instrument, when not acknowledged, may be made either:
1. By the parties executing it, or either of them; or,
2. By subscribing witness; or,
3. By other witnesses in the cases hereinafter mentioned.
55-719. IDENTITY OF WITNESS MUST BE KNOWN OR PROVED.
If by a subscribing witness such witness must be personally known to the officer taking the
proof, to be the person whose name is subscribed to the instrument, as a
witness, or must be proved to be such by the oath of a credible witness.
55-720. PROOF OF IDENTITY OF GRANTOR.
The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is
the person described in it, and that such person executed it, and that the
witness subscribed his name thereto as a witness.
55-721. PROOF OF INSTRUMENT BY HANDWRITING.
The execution of an instrument may be established by proof of the handwriting of the party and
of a subscribing witness, if there is one, in the following cases:
1. When the parties and all the subscribing witnesses are dead; or,
2. When the parties and all the subscribing witnesses are nonresidents of
the state; or,
3. When the place of their residence is unknown to the party desiring the
proof, and cannot be ascertained by the exercise of due diligence; or,
4. When the subscribing witness conceals himself or cannot be found by
the officer, by the exercise of due diligence, in attempting to serve the
subpoena or attachment; or,
5. In case of the continued failure or refusal of the witness to testify
for the space of one (1) hour, after his appearance.
55-722. PROOF OF INSTRUMENT BY HANDWRITING -- WHAT EVIDENCE MUST PROVE.
The evidence taken under the preceding section must satisfactorily prove to
the officer the following facts:
1. The existence of one or more of the conditions mentioned therein; and,
2. That the witness testifying knew the person whose name purports to be
subscribed to the instrument as a party, and is well acquainted with his
signature, and that it is genuine; and,
3. That the witness testifying personally knew the person who subscribed
the instrument as a witness; and is well acquainted with his signature, and
that it is genuine; and,
4. The place of residence of the witness.
55-723. CERTIFICATE OF PROOF.
An officer taking proof of the execution of any instrument must, in his certificate
indorsed thereon or attached thereto, set forth all the matters required by law to be done or known by
him, or proved before him on the proceeding, together with the names of all
the witnesses examined before him, their places of residence respectively,
and the substance of their testimony.
55-724. AUTHORITY OF OFFICERS TAKING PROOF.
Officers authorized to take proof of instruments are authorized in such proceedings:
1. To administer oaths or affirmations as prescribed in the Code of Civil
Procedure.
2. To employ and swear interpreters.
3. To issue subpoenas, as prescribed in the Code of Civil Procedure.
4. To punish for contempt as prescribed in the Code of Civil Procedure.
The civil damages and forfeiture to the party aggrieved are prescribed in
the Code of Civil Procedure for a witness disobeying a subpoena.
55-725. CORRECTION OF DEFECTIVE CERTIFICATE.
When the acknowledgment or proof of the execution of an instrument is properly made, but defectively
certified, any party interested may have an action in the district court to
obtain a judgment correcting the certificate.
55-726. ACTION TO PROVE INSTRUMENT.
Any person interested under an instrument entitled to be proved for record may institute an action in the
district court against the proper parties to obtain a judgment proving such
instrument.
55-727. JUDGMENT ENTITLES INSTRUMENT TO RECORD.
A certified copy of the judgment in a proceeding instituted under either of the two (2) preceding
sections, showing the proof of the instrument, and attached thereto,
entitles such instrument to record, with like effect as if acknowledged.
55-728. PRIOR INSTRUMENTS NOT AFFECTED.
The legality of the execution, acknowledgment, proof, form or record of any conveyance or other instrument
made before this code goes into effect, executed, acknowledged, proved or
recorded, is not affected by anything contained in this chapter, but
depends for its validity and legality upon the laws in force when the act
was performed.
55-729. RECORD OF PRIOR INSTRUMENTS.
All conveyances of real property made before this code goes into effect, and acknowledged or proved,
according to the laws in force at the time of such making and
acknowledgment or proof, have the same force as evidence, and may be
recorded in the same manner and with like effect, as conveyances executed
and acknowledged in pursuance of this chapter.
55-730. RECORD OF PRIOR INSTRUMENTS AS NOTICE.
Any instrument affecting the title to real property which heretofore or on or before sixty (60) days
after the adjournment of the legislature of the state of Idaho for 1947, is
copied into the proper book of record, kept in the office of any county
recorder, imparts notice of its contents to subsequent purchase
(purchasers) and encumbrancers, notwithstanding any defect, omission or
informality in the execution of the instrument, or in the certificate of
acknowledgment thereof, or the absence of any such certificate; but nothing
herein affects the rights of previous purchasers or encumbrancers. Duly
certified copies of the record of any such instrument may be read in
evidence with like effect as copies of an instrument duly acknowledged and
recorded, provided, when such copying in the proper book of record occurred
within five (5) years prior to the trial of the action, it be first shown
that the original instrument was genuine.
CHAPTER 8
55-805. ACKNOWLEDGMENT NECESSARY TO AUTHORIZE RECORDING.
Before an instrument may be recorded, unless it is otherwise expressly
provided, its execution must be acknowledged by the person executing
it, or if executed by a corporation, by its president or vice
president, or secretary or assistant secretary, or other person
executing the same on behalf of the corporation, or if executed
in the name of the state of Idaho or any county, political
subdivision, municipal, quasi-municipal, or public corporation,
by one (1) or more of the officers of such state, county, political
subdivision, municipal, quasi-municipal, or public corporation
executing the same, or if executed in a partnership name, by one
(1) or more of the partners who subscribed the partnership name
thereto, or if executed by a limited liability company, by
the manager, member or other person executing the same on behalf
of the limited liability company, or the execution must be
proved and the acknowledgment or proof, certified in substantially
the manner prescribed by chapter 7, title 55, Idaho Code;
provided, that if such instrument shall have been executed and
acknowledged in any other state or territory of the United States,
or in any foreign country, according to the laws of the state,
territory or country wherein such acknowledgment was taken, the
same shall be entitled to record, and a certificate of acknowledgment
indorsed upon or attached to any such instrument purporting to
have been made in any such state, territory or foreign country,
shall be prima facie sufficient to entitle the same to such record.
UPDATED: Wednesday, February 23, 2000 - 9:55:58 AM