(1)  As used in this section:
(a)  A corporation, partnership, limited liability company, trust or other legal entity that is the party executing an instrument and the party, or one 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 that 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 that 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 that satisfies the requirements of subsection (3) of this section shall suffice.
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Terms Used In Idaho Code 51-116A

  • Acknowledgment: means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. See Idaho Code 51-102
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Notary public: means an individual commissioned to perform a notarial act by the secretary of state. See Idaho Code 51-102
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal entity. See Idaho Code 51-102
  • seal: includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. See Idaho Code 73-111
  • Sign: means , with present intent to authenticate or adopt a record by:
Idaho Code 51-102
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 51-102
  • Trustee: A person or institution holding and administering property in trust.
    • (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 that is a partnership, acting through a constituent entity that 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 _________