Idaho Code 51-118 – Stamping Device
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(1) The stamping device for tangible records must be an inked stamp that provides an image of the notary’s official stamp that meets the requirements of section 51-117, Idaho Code, and that is readily visible upon copying. The stamp shall not exceed two and one-fourth (2.25) inches by one (1) inch if rectangular or one and three-fourths (1.75) inches in diameter if circular.
(2) The stamping device for electronic records must be an electronic device or process that provides an image of the notary’s official stamp that meets the requirements of section 51-117, Idaho Code, and that is readily visible upon copying.
Terms Used In Idaho Code 51-118
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Idaho Code 51-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Idaho Code 51-102
- Notary public: means an individual commissioned to perform a notarial act by the secretary of state. See Idaho Code 51-102
- Official stamp: means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record. See Idaho Code 51-102
- 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
- Stamping device: means :
Idaho Code 51-102
(3) A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public’s commission, the notary public shall disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable.
(4) If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall promptly notify the commissioning officer or agency on discovering that the device is lost or stolen.