ID Senate Bill 1159

Legislation

State: Idaho
Signed: March 30, 2007

Effective: July 01, 2007
Chapter: 312

Summary

Senate Bill 1159 provides rules for a signature by mark and signature by proxy.

Affects

Amends Section 51-107 and 51-109, and adds a new Section 51-712 to the Idaho Code.

Changes

Authorizes a Notary to notarize a signature by mark under the following circumstances: (a) the mark is made by the principal in the Notary’s presence and in a manner that the Notary can observe; (b) the Notary adds the following words under the signature: “Mark affixed by (printed name of signer by mark);” and (c) the Notary’s certificate of acknowledgment or verification for the procedure is substantially similar to the new statutory form provided in the new law.
Authorizes a Notary to sign the name of a principal who cannot write a signature or mark under the following circumstances: (a) the principal directs the Notary to sign in the Notary’s presence and in the presence of an unaffected witness; (b) The Notary signs the person’s name in the principal’s and witness’s presence; (c) the Notary adds the following words under the signature: “Signature affixed by notary in the presence of (name of person and witness)”; (e) the witness signs the document; and (d) the Notary’s certificate of acknowledgment or verification for the procedure is substantially similar to the new statutory form provided in the new law.
Makes other technical changes.

Analysis

This new law allows a document signer who possesses sufficient mental capacity, but who is unable to make a full signature, to sign by mark and provides a statutory certificate of acknowledgment or verification for the procedure. The signature by mark procedure unwisely does not require additional witnesses to view the making of the mark, but nothing prevents a Notary from adhering to the NNA’s best practice of requiring two disinterested witnesses for a signature by mark as set forth in The Notary Public Code of Professional Responsibility (Standard III-D-7).

The new law also follows several states, including Florida, Hawaii, Michigan, Texas and Washington, in allowing a Notary to sign the name of a principal who possesses sufficient mental capacity, but who is unable to make a full signature or sign by mark and directs the Notary to sign, and provides a statutory certificate of acknowledgment or verification for the procedure. One additional unaffected witness is required to be present for this notarization by proxy procedure.

Read Senate Bill 1159.