51-118. STAMPING DEVICE. (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.

(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.

History:

[51-118, added 2017, ch. 192, sec. 7, p. 453; am. 2018, ch. 77, sec. 2, p. 174.]