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Definition: Acknowledgment ✔✔a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. Definition: Commission ✔✔(a) to empower to perform notarial acts; or (b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. Definition: Copy certification ✔✔a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. Definition: Electronic signature ✔✔an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. Definition: Jurat ✔✔a notarial act in which a notary certifies: (a) the identity of a signer who: (i) is personally known to the notary; or (ii) provides the notary satisfactory evidence of the signer's identity; (b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and (c) that the signer voluntarily signs the document in the presence of the notary.
Definition: "Notarial act" or "notarization" ✔✔an act that a notary is authorized to perform under Section 46- 1 - 6: (1) A notary may perform the following acts: (a) a jurat; (b) an acknowledgment; (c) a signature witnessing; (d) a copy certification; and (e) an oath or affirmation. (2) A notary may not: (a) perform an act as a notary that is not described in Subsection (1); or (b) perform an act described in Subsection (1) if the person for whom the notary performs the notarial act is not in the physical presence of the notary at the time the notary performs the act. Definition: Notarial certificate ✔✔the affidavit described in Section 46- 1 - 6.5 that is: (a) a part of or attached to a notarized document; and (b) completed by the notary and bears the notary's signature and seal. Definition: Notary ✔✔any person commissioned to perform notarial acts under this chapter Definition: "Oath" or "affirmation" ✔✔a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. Definition: Official misconduct ✔✔a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act.
(c) be able to read, write, and understand English; (d) submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes: (i) the individual's: (A) name as it will appear on the commission; (B) residential address; (C) business address; (D) daytime telephone number; and (E) date of birth; (ii) an affirmation that the individual meets the requirements of this section; (iii) an indication of any criminal convictions the individual has received, including a plea of admission or no contest; (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission or other professional license involving the applicant in this or any other state; (v) an indication that the individual has passed the examination described in Subsection (5); and (vi) payment of an application fee that the lieutenant governor establishes in accordance with Section 63J- 1 - 504; and (e) (i) be a United States citizen; or (ii) have permanent resident status under Section 245 of the Immigration and Nationality Act. The lieutenant governor may deny an application based on: ✔✔(a) the applicant's conviction for a crime involving dishonesty or moral turpitude; (b) any revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant by this or any other state;
(c) the applicant's official misconduct while acting in the capacity of a notary; or (d) the applicant's failure to pass the examination described in Subsection (5). An individual whom the lieutenant governor commissions as a notary may perform notarial acts in any part of the state for a term of ✔✔four years, unless the person resigns or the commission is revoked or suspended under Section 46- 1 - 19. After commission expires: ✔✔(i) After an individual's commission expires, the individual may not perform a notarial act until the individual obtains a new commission. (ii) An individual whose commission expires and who wishes to obtain a new commission shall submit a new application, showing compliance with the requirements of this section. A notarial commission is not effective until: ✔✔(1) the notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor that: (a) a licensed surety executes for a term of four years beginning on the commission's effective date and ending on the commission's expiration date; and (b) conditions payment of bond funds to any person upon the notary's misconduct while acting in the scope of the notary's commission; and (2) the oath and bond are approved by the lieutenant governor. A notary may perform the following acts: ✔✔(a) a jurat; (b) an acknowledgment; (c) a signature witnessing; (d) a copy certification; and (e) an oath or affirmation.
person(s) whose name(s) (is/are) subscribed to in this document, and acknowledged (he/she/they) executed the same. (Notary Seal) ____________________________________ Notary Signature". Copy Certificate ✔✔An affidavit for a copy certification that is in substantially the following form is sufficient under Subsection (1): "State of Utah § County of ____________ On this (date) day of (month), in the year (year), I certify that the preceding or attached document is a true, exact, and unaltered photocopy of (description of document), and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recorded document. (Notary Seal) ____________________________________ Notary Signature". Signature Witnessing ✔✔An affidavit for a signature witnessing that is in substantially the following form is sufficient under Subsection (1): "State of Utah § County of ____________ On this (date) day of (month), in the year (year), before me, (name of notary public), personally appeared (name of document signer), proved to me through satisfactory evidence of identification, which was (form of identification), to be the person whose name is signed on the preceding or attached document in my presence.
(Notary Seal) ____________________________________ Notary Signature". A notary may not perform a notarial act if the notary: ✔✔(1) is a signer of the document that is to be notarized except in case of a self-proved will as provided in Section 75- 2 - 504; (2) is named in the document that is to be notarized except in the case of a: (a) self-proved will as provided in Section 75- 2 - 504; (b) licensed attorney that is listed in the document only as representing a signer or another person named in the document; or (c) licensed escrow agent, as defined in Section 31A- 1 - 301, that: (i) acts as the title insurance producer in signing closing documents; and (ii) is not named individually in the closing documents as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, lessee, buyer, or seller; (3) will receive direct compensation from a transaction connected with a financial transaction in which the notary is named individually as a principal; or (4) will receive direct compensation from a real property transaction in which the notary is named individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, lessee, buyer, or seller. Impartiality ✔✔(1) A notary may not influence a person to enter into or to refuse to enter into a lawful transaction involving a notarial act by the notary. (2) A notary shall perform notarial acts in lawful transactions for any requesting person who tenders the appropriate fee specified in Section 46- 1 - 12.
(ii) In this Subsection (2)(c), "literal translation" means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated. Fees and Notice ✔✔(1) The maximum fees that may be charged by a notary for notarial acts are for: (a) acknowledgments, $5 per signature; (b) certified copies, $5 per page certified; (c) jurats, $5 per signature; and (d) oaths or affirmations without a signature, $5 per person. (2) A notary may charge a travel fee, not to exceed the approved federal mileage rate, when traveling to perform a notarial act if: (a) the notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee in Subsection (1) and is neither specified nor mandated by law; and (b) the notary and the person requesting the notarial act agree upon the travel fee in advance. (3) A notary shall display an English-language schedule of fees for notarial acts and may display a nonEnglish-language schedule of fees. (4) (a) The fee of a notary shall not exceed $5 per individual for each set of forms relating to a change of that individual's immigration status. (b) The fee limitation in Subsection (4)(a) shall apply whether or not the notary is acting as a notary but does not apply to a licensed attorney, who is also a notary rendering professional services regarding immigration matters. Journal ✔✔A notary may keep, maintain, and protect as a public record, and provide for lawful inspection a chronological, permanently bound official journal of notarial acts, containing numbered pages.
(1) For every notarial act, the notary may record the following information in the journal at the time of notarization: (a) the date and time of day of the notarial act; (b) the type of notarial act; (c) a description of the document or proceeding; (d) the signature and printed name and address of each person for whom a notarial act is performed; (e) the evidence of identity of each person for whom a notarial act is performed, in the form of: (i) a statement that the person is "personally known" to the notary; (ii) a description of the identification document, its issuing agency, its serial or identification number, and its date of issuance or expiration; or (iii) the signature and printed name and address of a credible witness swearing or affirming to the person's identity; and (f) the fee, if any, charged for the notarial act. (2) A notary may record in the journal the circumstances in refusing to perform or complete a notarial act. Inspection of journal ✔✔(1) If a notary maintains a journal, the notary shall: (a) keep the journal in the notary's exclusive custody; and (b) ensure that the journal is not used by any other person for any purpose. (2) The notary's employer may not require the notary to surrender the journal upon termination of the notary's employment. Official Signature ✔✔In completing a notarial act, a notary shall sign on the notarial certificate exactly and only the name indicated on the notary's commission.
(6) A notary may not use a notarial seal independent of a notarial certificate. (7) A notarial certificate on an annexation, subdivision, or other map or plat is considered complete without the imprint of the notary's official seal if: (a) the notary signs the notarial certificate in permanent ink; and (b) the following appear below or immediately adjacent to the notary's signature: (i) the notary's name and commission number appears exactly as indicated on the notary's commission; (ii) the words "A notary public commissioned in Utah"; and (iii) the expiration date of the notary's commission. (8) A notarial certificate on an electronic message or document is considered complete without the imprint of the notary's seal if the following information appears electronically within the message: (a) the notary's name and commission number appearing exactly as indicated on the notary's commission; and (b) the words "notary public," "state of Utah," and "my commission expires on______ (date)". Obtaining a seal ✔✔(1) A vendor may not provide a notarial seal, either inking or embossing, to a person claiming to be a notary, unless the person presents a photocopy of the person's notarial commission, attached to a notarized declaration substantially as follows: Application for Notary Seal I, __________________ (name of person requesting seal), declare that I am a notary public duly commissioned by the state of Utah with a commission starting date of __________, a commission expiration date of_______________, and a commission number of ___________. As evidence, I attach to this paper a photocopy of my commission. (2) A vendor who provides a notarial seal in violation of this section is guilty of a class B misdemeanor.
Liability ✔✔(1) A notary may be liable to any person for any damage to that person proximately caused by the notary's misconduct in performing a notarization. (2) (a) A surety for a notary's bond may be liable to any person for damages proximately caused to that person by the notary's misconduct in performing a notarization, but the surety's liability may not exceed the penalty of the bond or of any remaining bond funds that have not been expended to other claimants. (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total liability may not exceed the penalty of the bond. (3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for: (a) a notary to violate a provision of this chapter; or (b) the employer of a notary to solicit the notary to violate a provision of this chapter. Change of name or address ✔✔(1) Within 30 days after the day on which a notary changes the notary's name, the notary shall provide to the lieutenant governor: (a) the notary's new name, including official documentation of the name change; and (b) a bond policy rider that a notary obtains in accordance with Subsection (2). (2) To obtain a bond policy rider, the notary shall: (a) notify the surety for the notary's bond; (b) obtain a bond policy rider reflecting both the old and new name of the notary; (c) return the bond policy rider; (d) destroy the original commission; and (e) destroy the old official seal. (3) A notary is not required to change the notary's name by adopting the surname of the notary's spouse.
signature. The definitions of Acknowledgment, Jurat and Signature Witnessing in 46- 1 - 2 describe the information to which the notary is required to certify. None of the acts listed in this section of code (46- 1 - 6) are defined as "signature and seal alone." To Review: When notarizing a signature, ALWAYS use some variation of one of the two acts below (also found at www.notary.utah.gov) Reference: 46- 1 - 6. Powers and limitations. The following notarial acts may be performed by a notary within the state: (1) Jurats (2) Acknowledgements (3) Signature Witnessing (5) Copy Certifications (4) Oaths or Affirmations. Reference: 46- 1 - 9 False or incomplete certificate. A notary may not execute a certificate containing a statement known by the notary to be false or materially incomplete. 46- 1 - 16 Official Seal. A notary may not use a notarial seal independent of a notarial certificate. Confusing the notarial acts ✔✔Please see the subtle differences between the Jurat, Acknowledgment and Signature Witnessing. Jurat certifies that a voluntary signature was made in the notary's presence under an oath or affirmation, Acknowledgment certifies that a signer has admitted in the notary's presence to voluntarily signing a document, and Signature Witnessing certifies that a voluntary signature was made in the
notary's presence. All 3 require personal appearance, and proof of identity. Reference: 46- 1 - 2(1) "Acknowledgment" means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. Reference: 46- 1 - 2(5) "Jurat" means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has made, in the notary's presence, a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed document. Reference: 46- 1 - 2(13) "Signature Witnessing" means a notarial act in which an individual: appears in person before a notary and presents a document; provides the notary satisfactory evidence of the individual's identity or is personally known to the notary; and signs the document in the presence of the notary. Misinterpreting electronic signature/notarization: ✔✔Notarization of an electronic signature IS VERY RARE and still requires personal appearance. It is a certification of a voluntary signature just the same as any other signature. Notarization of an electronic signature does NOT mean by phone, fax, email or video conference. For electronic notarization, the signer is in the presence of the notary using a computer instead of pen and paper. The rule of personal appearance is not affected by the definition of "Electronic
the burden in finding a balance that complies with the law and, at the same time, allows for reasonable limits to protect the notary's time and liability. Regardless, all policies should be carefully created while keeping in mind the notary's main purpose: to serve the public—not just the company. Reasonable limits may and should be in place to prevent abuse from members of the public who would demand immediate service regardless of the notary's workload and availability. Reference: 46- 1 - 3.. .the lieutenant governor shall commission as a notary any qualified person... Reference: 46- 1 - 8 A notary may not... refuse to enter into a lawful transaction involving a notarial act by the notary. Employers and notaries roles: ✔✔Employer May: may determine when the notary is available to serve the public DURING work hours may establish policy that the notary will only notarize company documents DURING work hours may allow the notary to serve the public at determined times DURING work hours may require a $5 fee for clients or non-clients
Employer May Not: may not determine when the notary is available to serve the public AFTER work hours may not establish policy that the notary's service is restricted to the workplace may not "pick and choose" which documents or customers will be served when the notary is serving the general public (unless the transaction is unlawful) may not require more than $5 per signature notarized Failing to require proper ID: ✔✔Valid ID: ●Passport (from this or any nation) ●I.D. from Government (U.S., any state within the U.S., or Foreign) with the following 3 items: 1.Photograph 2.Signature 3.Physical Description
