Utah - U.S. Notary Reference

Last Update: October 18, 2024

Notary Jurisdiction

Statewide (UCA 46-1-3[4]).

Notary Term Length

Four years (UCA 46-1-3[4]), expiring at midnight on the commission expiration date. The commissions of Notaries employed by a Utah state office or agency are canceled upon termination of employment (NPSGH, “Top Ten Mistakes of Notaries Public”).

Notary Bond

1. Notarial Acts: $5,000, with a licensed surety (UCA 46-1-4).

2. Remote Notarial Acts: $5,000, with a licensed surety (UCA 46-1-4[2]).

Notary Seal

Required (UCA 46-1-16[3][b].

Notary Journal

Required for remote notarial acts (UCA 46-1-13); permissive for all other notarial acts.

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Commissioning and Regulating Official

The Lieutenant Governor commissions, regulates and maintains records on the state’s Notaries (UCA 46-1-3).

Contact Information

1. Address: Office of Lieutenant Governor
   Notary Office
   Utah State Capitol
   P.O. Box 142325
   350 N. State St., Suite 220
   Salt Lake City, UT 84114

2. Phone: 801-538-1041

3. Website: https://notary.utah.gov/

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Utah Code Annotated (UCA), Title 46, Chapter 1 (“Notaries Public Reform Act”) and Title 57, Chapters 2 (“Acknowledgments”) and 2a (“Recognition of Acknowledgments Act”).

2. Rules: Administrative rules for remote notarization are in the Utah Administrative Code (UAC), Lieutenant Governor, R623 (“Elections”).

3. Guidelines: Other guidelines for Notaries are in the “Notary Public Study Guide and Handbook” (NPSGH) (May 16, 2022) created by the Lieutenant Governor’s office sets forth important guidelines.

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Commission Process

1. Qualifications: An applicant for appointment as a Utah Notary must (UCA 46-1-3[2]):
   (a) Be at least 18 years old;
   (b) Lawfully reside in Utah for at least 30 days preceding application or, effective May 4, 2021, be employed in the state for at least 30 days preceding application;
   (c) Be a U.S. citizen or have permanent resident status under Section 245 of the Immigration and Nationality Act;
   (d) Be able to read, write and understand English;
   (e) Submit to a background check.

2. Course: Not required.

3. Exam: All applicants for a Utah Notary commission must take a written examination, after which they will receive an acknowledgment indicating either passage or failure of the exam (UCA 46-1-3[5]). To take the online Notary test, applicants must first create a Utah.gov account and log in with a username and password (website, “Notary Test” tab). There are 35 questions on the test, of which 10 are worth 4 points and 25 are worth 1 point. There is a total of 65 points possible. Applicants must pass with 61 points or higher. Applicants who do not pass the exam have 30 days from the date they first took the test to retake it at a cost of $40. After 30 days applicants must pay both the administrative and testing fee of $95. (NPSGH.) Applicants are informed that passing the examination does not automatically submit the application to the Lieutenant Governor’s office. Applicants must upload their bond and oath of office, and submit the background check (NPSGH). (See “Application” and “Background Check,” below).
   Both the nonrefundable $95 testing and application fee ($55 for the application and $40 for the testing) are paid together by credit card at the end of the online test. Retaking the examination within 30 days requires payment of an additional $40 fee. After 30 days, the full $95 fee must be paid. Once the credit card payment is processed, the test is automatically submitted. Results are immediate. Applicants who want a record may save and/or print out their answers. Once the applicant logs out or leaves the page displaying the questions or answers, all will be lost except for the score, which will be saved in the database. Applicants who pass the exam will be able to print out an application (website, “Process and Qualifications” and NPSGH).

4. Application: Applicants must print out their application to submit to the Lieutenant Governor. Before submitting the application through the Lieutenant’s online system, the applicant must obtain a $5,000 surety bond from a licensed surety. The bond must cover the applicant’s commission term and be submitted with the completed application.
   Applicants must sign the oath of office and have their signature notarized prior to submitting the completed application and bond to the Lieutenant Governor online (UCA 46-1-4; website, “Process and Qualifications”). “The oath of office typically accompanies your bond” (website, “Notarial Bond”). If the bond does not include the oath of office, a downloadable oath of office form is available on the Lieutenant Governor’s website (website, “Notarial Bond).
   Upon commissioning, the new Notary will be emailed a “Certificate of Authority of Notary Public” to the email address provided on the application. This certificate must be signed by the Notary in the presence of another Notary. A copy of the certificate must be presented to a seal manufacturer before a seal of office may be made (website, “Process and Qualifications”).

5. Background Check: Required.
   “(a)The lieutenant governor shall:
   “(i) request the Department of Human Resource Management to perform a criminal background check under Subsection 53-10-108(16) on each individual who submits an application under this section;
   “(ii) require an individual who submits an application under this section to provide a signed waiver on a form provided by the lieutenant governor that complies with Subsection 53-10-108(4); and
   “(iii) provide the Department of Human Resource Management the personal identifying information of each individual who submits an application under this section.
   “(b) The Department of Human Resource Management shall:
   “(i) perform a criminal background check under Subsection 53-10-108(16) on each individual described in Subsection (3)(a)(i); and
   “(ii) provide to the lieutenant governor all information that pertains to the individual described in Subsection (3)(a)(i) that the department identifies or receives as a result of the background check” (UCA 46-1-3[3]).
   The “Notary Public Study Guide and Handbook” states the background check is submitted through the Lieutenant Governor’s office and that applicants will not be notified of the results.

6. Nonresidents: Effective May 4, 2021, nonresidents who are employed in Utah for at least 30 days prior to application may be commissioned as a Utah Notary (UCA 46-1-3[2][b]).

7. Reappointment: The process for renewing a Notary commission is the same as for obtaining an initial commission, including testing (UCA 46-1-3[5][b][ii]).

Remote Notary Certification

1. Qualifications: “The lieutenant governor shall certify an individual to perform remote notarizations as a remote notary if the individual:
   “(a) complies with [UCA] Section 46-1-3 to become a commissioned notary;
   “(b) submits to the lieutenant governor, on a form created by the lieutenant governor, a correctly completed application for a remote notary certification; and
   “(c) pays to the lieutenant governor the application fee described in [UCA 46-1-3.5] Subsection (4)” (UCA 46-1-3.5[2]).
   “The lieutenant governor shall ensure that the application described in [UCA 46-1-3.5] Subsection (2)(b) requires an applicant to:
   “(a) list the applicant’s name as it appears or will appear on the applicant’s notarial commission;
   “(b) agree to comply with the provisions of this chapter, and rules made under [UCA] Section 46-1-3.7, that relate to a remote notarization; and “(c) provide the applicant’s email address” (UCA 46-1-3.5[3]).

2. Application: “A. A commissioned notary public may apply for certification to perform remote notarizations from the lieutenant governor.
   “B. In addition to meeting the application requirements in [UCA] Section 46-1-3.5, the applicant shall submit to the lieutenant governor the following information:
   “1. The notary public’s commission number as assigned by the lieutenant governor;
   “2. The notary public’s commission expiration date;
   “2. [sic] The name of the solution provider authorizing the notary public’s use of the remote notarization product;
   “3. A copy of the notary public’s electronic seal and electronic signature provided by the solution provider; and
   “4. A statement certifying that the notary public will comply with the provisions of R623 Remote Notarization and Title 46 Chapter 1 Notaries Public Reform Act.
   “C. Upon an applicant’s meeting the requirements set forth in [UCA] Section 46-1-3.5 and R623-100-1, the lieutenant governor may update the notary public’s record allowing the applicant to perform remote notarial acts” (UAC R623-100-4[A]-[C]).

3. Bond: For the requirement of an additional Remote Online Notary Public bond, see “Bond,” below.

4. Suspension or Revocation of Certification: “A notary public providing remote notarial services without a current remote notary certificate is subject to suspension or revocation of his or her notary commission and other penalties as prescribed by Title 46 Chapter 1 Notaries Public Reform Act” (UAC R623-100-4[E]).
   “Any suspension or revocation of a remote notary public’s traditional notary public commission will result in suspension or revocation of the notary public’s remote certification until such time that the lieutenant governor lifts such suspension or revocation” (UAC R623-100-4[F]).

Online Search

A searchable database of Utah Notaries may be accessed from the Lieutenant Governor’s website at https://secure.utah.gov/notary/search.html .

Jurisdiction

“An individual whom the lieutenant governor commissions as a notary may perform notarial acts in any part of the state …, unless the person resigns or the commission is revoked or suspended under [UCA] Section 46-1-19” (UCA 46-1-4[5][a]).

“Utah law does not allow a notary to notarize documents outside of the state of Utah…” (website, “FAQs”).

Term Length

“An individual whom the lieutenant governor commissions as a notary may perform notarial acts … for a term of four years, unless the person resigns or the commission is revoked or suspended under [UCA] Section 46-1-19” (UCA 46-1-4[5][a]).

Bond

1. Notary Public Bond: “(1) A notarial commission is not effective until:
   “(a) the notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor that:
   “(i) 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
   “(ii) conditions payment of bond funds to any person upon the notary’s misconduct while acting in the scope of the notary’s commission; and
   “(b) the lieutenant governor approves the oath and bond described in [UCA 1-46-4] Subsection (1)(a)” (UCA 46-1-4[1]).

   1. Government Notaries: Formerly, bonds for Notaries employed by a state office or agency were provided by the Office of Risk Management. Effective May 9, 2017, the Office of Risk Management has ceased to issue these bonds and such Notaries must obtain their bonds from a licensed surety.

   2. Cancellation of Bond: A private employer may not cancel an employee’s Notary bond, even when the Notary leaves employment. The bonds of Notaries employed by a Utah state office or agency are cancelled upon termination of employment (NPSGH, “Top Ten Mistakes of Notaries Public”).

   3. Notary Liability: “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” (UCA 46-1-18[1]).

   4. Surety Liability: “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…Regardless of the number of claimants under [UCA 46-1-18] Subsection (2)(a), a surety’s total liability may not exceed the penalty of the bond” (UCA 46-1-18[2][a] and [b]).

   5. Employer Liability: “An employer of a notary public is also liable for damages proximately caused by the notary’s misconduct in performing a notarization if:
      “(i) the notary public was acting within the course and scope of the notary public’s employment; and “(ii) the employer had knowledge of, consented to, or permitted the misconduct” (UCA 46-1-18[2][c]).
      “The Lt. Governor’s Office believes the legislative intent of this language is to add clarity to UCA 46-1-18. If a notary public, unbeknownst to the employer, commits notary fraud, the employer may not be held accountable for the notary’s actions” (website, “Notary Law Update”).

2. Remote Online Notary Public Bond: “In addition to the requirements described in [UCA 46-1-4] Subsection (1), a remote notary certification described in [UCA] Section 46-1-3.5 is not effective until:
   “(a) the notary named in the remote notary certification files with the lieutenant governor evidence that the notary has obtained $5,000 of bond coverage, in addition to the bond coverage described in [UCA 46-1-4] Subsection (1)(a), that:
   “(i) a licensed surety executes for a term that begins on the certification’s effective date and ends on the remote notary’s commission’s expiration date; and
   “(ii) conditions payment of bond funds to any person upon the remote notary’s misconduct while acting in the scope of the remote notary’s commission; and
   “(b) the lieutenant governor approves the additional bond coverage described in [UCA 46-1-4] Subsection (2)(a)” (UCA 46-1-4[2]).

Changes of Status

1. Address Change: “Within 30 days of the day on which a notary’s residential or business address changes, the notary shall provide the notary’s new residential or business address to the lieutenant governor” (UCA 46-1-20[4]).
   Notaries who cease to reside in Utah must resign their commission and destroy their official seal and certificate (UCA 46-1-21[2]).

2. Name Change: “(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” (UCA 46-1-20[1]-[3]).

3. Resignation and Revocation: A Notary must resign the commission if the Notary ceases to reside in Utah, or if a nonresident, ceases to be employed in Utah, or becomes unable to read and write (UCA 46-1-21[2]). In addition, a Notary who does not maintain permanent residency in the U.S. during the duration of the commission term must resign the commission (UCA 46-1-3[6][b]). In all cases of resignation, a Notary must destroy the Notary’s seal and certificate (UCA 46-1-21[3]).
   “(a) When a notary resigns or the notary’s commission expires or is revoked, the notary shall:
   “(i) destroy the notary’s official seal and certificate; and
   “(ii) if the notary is a remote notary, destroy any coding, disk, certificate, card, software, or password that enables the remote notary to affix the remote notary’s electronic signature or electronic seal to a notarial certificate.
   “(b) A former remote notary shall certify to the lieutenant governor in writing that the former remote notary has complied with [UCA 46-1-16] Subsection (9)(a)(ii) within 10 days after the day on which the notary resigns or the notary’s commission expires or is revoked” (UCA 46-1-16[9]).
   “What if I no longer want to be a notary public? – Simply notify our office in writing via email, fax or mail. Include your commission and the date in which it is to be rendered canceled. Then destroy your notary stamp and commission” (website, “FAQs”).

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Authorized Acts

1. Notarial Acts: Utah Notaries are authorized to perform the following notarial acts (UCA 46-1-6, except as otherwise noted):

   1. Take acknowledgments and proofs (UCA 57-2-10);

   2. Administer oaths and affirmations;

   3. Execute jurats;

   4. Perform signature witnessings;

   5. Take affidavits (UCA 78B-5-701);

   6. Certify photocopies of documents that are neither public records nor publicly recorded.

2. Electronic Notarial Acts: Utah Notaries may perform a notarial act in an electronic format of a document that may be recorded electronically under UCA 17-21-18.5 and that conforms with the rules under UCA 46-1.3.7.

3. Remote Notarial Acts: Utah Notaries who have been certified to perform remote notarial acts may perform any of the notarial acts listed above remotely.

Acknowledgments

1. Definition: “‘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” (UCA 46-1-2[1]).
   “‘Acknowledged before me’ means:
   “(a) that the person acknowledging appeared before the person taking the acknowledgment;
   “(b) that he acknowledged he executed the document;
   “(c) that, in the case of:
   “(i) a natural person, he executed the document for the purposes stated in it;
   “(ii) a corporation, the officer or agent acknowledged he held the position or title set forth in the document or certificate, he signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it;
   “(iii) a partnership, the partner or agent acknowledged he signed the document on behalf of the partnership by proper authority, and he executed the document as the act of the partnership for the purposes stated in it;
   “(iv) a person acknowledging as principal by an attorney in fact, he executed the document by proper authority as the act of the principal for the purposes stated in it; or
   “(v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the document by proper authority, and he executed the document in the capacity and for the purposes stated in it; and
   “(d) that the person taking the acknowledgment:
   “(i) either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and
   “(ii) in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document” (UCA 57-2a-2[1]).

Proofs

A real estate conveyance may be executed through a proof by a subscribing witness, who must be either personally known to the Notary or identified on the oath or affirmation of a credible witness who is personally known to the Notary (UCA 57-2-10[1] and 57-2-11).

In the event a subscribing witness is dead or cannot be found, there are procedures for a proof through handwriting (UCA 57-2-10[2], 57-2-14 and 57-2-15).

There are also procedures authorizing notarial officers to issue subpoenas requiring the appearance of a subscribing witness or providing for a proof through handwriting if the witness does not appear (UCA 57-2-16 and 57-2-17).

NOTE: Because proofs of execution by subscribing witness are not generally accepted by Utah county recorders, Utah Notaries are discouraged from performing this type of notarial act on instruments that will be presented for recording within the state.

Oaths and Affirmations

1. Definitions

   1. “‘Oath’ or ‘affirmation’ means 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” (UCA 46-1-2[13]).

   2. “[An oath or affirmation] is a certification made by a vow or affirmation in the presence of the notary on penalty of perjury before signing a document. In other words, the signer(s) is attesting to the truthfulness of their action in signing the document. Here are two examples of how to perform an Oath or Affirmation:

2. Examples

   1. “Oath: ‘Do you solemnly swear that the contents of this document subscribed (signed) by you are correct and true?’“

   2. Affirmation (for those opposed to swearing oaths): ‘Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?’” (website, “FAQs”).

Jurats

1. Definition: “‘Jurat’ means 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” (UCA 46-1-2[10]).

2. Requirements: “A notary shall ensure that a signer takes the following oath or makes the following affirmation before the notary witnesses the signature for a jurat: “Do you swear or affirm under penalty of perjury that the statements in your document are true?” (UCA 46-1-6.5[2][a]).
   “Jurat certifies a voluntary signature was made in the notary’s presence, whereas Acknowledgment certifies a signer has admitted in the notary’s presence to voluntarily signing, and Signature Witnessing certifies a voluntary signature was made in the notary’s presence. All 3 require personal appearance, and proof of identity.” (NPSGH, “Top Ten Mistakes of Notaries Public”).

Signature Witnessings

1. Definition: “‘Signature witnessing’ means a notarial act in which an individual:
   “(a) appears in person before a notary and presents a document;
   “(b) provides the notary satisfactory evidence of the individual’s identity, or is personally known to the notary; and
   “(c) signs the document in the presence of the notary” (UCA 46-1-2[21]).

2. Requirements: “This new notarial act allows for a notary to just witness a signer’s signature or confirm a signer’s identity, without placing the signer under oath or affirmation. This still requires the signer to physically appear before the notary. This will be helpful when the notarization does not require the signer to be placed under oath or affirmation for the document’s stated purpose” (website, “FAQs”; NPSGH).

Affidavits

“An affidavit to be used before any court, judge, or officer of this state may be taken before any judge, the clerk of any court, any justice court judge, or any notary public in this state” (UCA 78B-5-701).

Copy Certifications

1. Definition: “‘Copy certification’ means 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” (UCA 46-1-2[4]).

2. Requirements: “Anyone can ‘certify’ a copy of a personally kept paper by attaching a personally signed statement that it is identical to the original. Corporations and private institutions can certify copies of their papers by attaching a signed statement from an authorized employee and using the organizational seal or letterhead. However, only Notaries, county recorders, custodians of vital records, and certain other public officers may officially certify copies as agents of the government” (website, “FAQs”).

Electronic Notarial Acts

“Electronic notarization” means:
“(a) a remote notarization; or
“(b) a notarization:
“(i) in an electronic format;
“(ii) of a document that may be recorded electronically under Subsection 17-21-18.5
(5); and
“(iii) that conforms with rules made under Section 46-1-3.7” (UCA 46-1-2[5]).

Remote Notarial Acts

Definition: “‘Remote notarization’ means a notarial act performed by a remote notary in accordance with this chapter for an individual who is not in the physical presence of the remote notary at the time the remote notary performs the notarial act” (UCA 46-1-2[18]).

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Personal Appearance

1. Definition: “‘In the presence of the notary’ means that an individual:
   “(a) is physically present with the notary in close enough proximity to see and hear the notary; or
   “(b) communicates with a remote notary by means of an electronic device or process that:
   “(i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and
   “(ii) complies with rules made under [UCA] Section 46-1-3.7” (UCA 46-1-2[9]).

2. Notarial Acts: “A notary may not … perform an act described in [UCA 46-1-6] Subsection (1) if the individual for whom the notary performs the notarial act is not in the presence of the notary at the time the notary performs the act” (UCA 46-1-6[2][b]). Subsection (1) names the following notarial acts: a jurat, an acknowledgment, a signature witnessing, a copy certification, and an oath or affirmation.
   Additionally, the definitions of “acknowledgment,” “jurat,” “oath and affirmation” and “signature witnessing” in the Notaries Public Reform Act all emphasize that these acts must be performed “in the presence of the notary” (UCA 46-1-2[1], [10], [14], and [21]).
   “The signer must always appear before the notary. Title 46 [of the Utah Code Annotated] does not allow for variation on this matter. Many fraud cases begin with stories of why the signer cannot personally appear: ‘He is too ill to come into the office’; ‘The signer is my grandmother and she asked me to get this notarized’; ‘You’ve been my friend for years — you know I wouldn’t lie to you.’ As convincing as these statements can be, none of them justify notarizing the signature without the signer personally present” (NPSGH, “Top Ten Mistakes of Notaries Public”).

3. Remote Notarial Acts: “Notwithstanding any other provision of law, a remote notarization lawfully performed under this chapter satisfies any provision of state law that requires an individual to personally appear before, or be in the presence of, a notary at the time the notary performs a notarial act” (UCA 46-1-3.6[4]).

Identification

1. Notarial Acts

   1. Requirement: For acknowledgments, jurats and signature witnessings, the identity of the document signer must be personally known to the Notary or proven on the basis of satisfactory evidence (UCA 46-1-2[1], [10] and [21]).

   2. Personal Knowledge: Personal knowledge means “familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed” (UCA 46-1-2[17]).
      “Examples of such relationships would be: your in office co-workers who you’ve interacted with on a daily basis for a reasonable amount of time to establish you know who they are, a relative who you’ve known all your life, or a childhood friend. This doesn’t mean that you shouldn’t ask people you’ve only known for a short period of time to show you their ID, as you are still responsible for proving, beyond a reasonable doubt, that you knew this individual if your notarization is challenged” (website, “FAQs”).

   3. ID Documents: “(a) ‘Satisfactory evidence of identity’ means
      “(i) for both an in-person and remote notarization, identification of an individual based on:
      “(A) subject to Subsection (19)(b), valid personal identification with the individual’s photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues;
      “(B) subject to Subsection (19)(b), a valid passport that by any nation issues; …” (UCA 46-1-2[20][a][i][A]-[B]).
      “Satisfactory evidence of identity” does not include:
      ”(i) a driving privilege card under [UCA] Subsection 53-3-207(12); or
      “(ii) another document that is not considered valid for identification” (UCA 46- 1-2[19][c]).
      ”A ‘driving privilege card’ means the evidence of the privilege granted and issued … to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States” (UCA 53-3-102[15]).
      “A governmental entity may not accept a driving privilege card as proof of personal identification” (UCA 53-3-207[10][a]).

   4. Credible Witnesses: “‘Satisfactory evidence of identity’ means:
      “(i) for both an in-person and remote notarization, identification of an individual based on:
      “ … (C) the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual” (UCA 46-1-2[20][a][i][C]).

2. Remote Notarial Acts

   1. Definitions

      1. “‘Satisfactory evidence of identity’ means:
         “(i) for both an in-person and remote notarization, identification of an individual based on:
         “(A) subject to [UCA 46-1-19] Subsection (19)(b), valid personal identification with the individual’s photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues;
         “(B) subject to [UCA 46-1-Subsection (19)(b), a valid passport that any nation issues; or
         “(C) the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual” (UCA 46-1-2[20][a]).

      2. “‘Satisfactory evidence of identity’ means: … for a remote notarization only, a third party’s affirmation of an individual’s identity in accordance with rules made under [UCA] Section 46-1-3.7 by means of:
         “(A) dynamic knowledge-based authentication, which may include requiring the individual to answer questions about the individual’s personal information obtained from public or proprietary data sources; or
         “(B) analysis of the individual’s biometric data, which may include facial recognition, voiceprint analysis, or fingerprint analysis” (UCA 46-1-2[20][a][ii]).
         “‘Satisfactory evidence of identity,’ for a remote notarization, requires the identification described in [UCA 46-1] Subsection (20)(a)(i)(A) or passport described in [UCA 46-1] Subsection (20)(a)(i)(B) to be verified through public or proprietary data sources in accordance with rules made under [UCA] Section 46-1-3.7” (UCA 46-1-2[20][b]).

      3. “‘Knowledge-Based Authentication’ is an identity assessment that is based on a set of questions formulated from public or private data sources” (UAC R623-100-2[C]).

   2. Requirement: “A remote notary that performs a remote notarization for an individual that is not personally known to the remote notary shall, at the time the remote notary performs the remote notarization, establish satisfactory evidence of identity for the individual by:
      “(a) communicating with the individual using an electronic device or process that:
      “(i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and
      “(ii) complies with rules made under [UCA] Section 46-1-3.7; and
      “(b) requiring the individual to transmit to the remote notary an image of a form of identification described in [UCA] Subsection 46-1-2(20)(a)(i)(A) or passport described in [UCA] Subsection 46-1- 2(19)(a)(i)(B) that is of sufficient quality for the remote notary to establish satisfactory evidence of identity” (UCA 46-1-3.6[2]).

   3. Credential Analysis: “Credential analysis must be provided by a reputable third-party vendor or software tool that can demonstrate proven credential analysis processes and shall employ technology that provides the following:
      “1. The principal’s identity must be bound to the principal following successful knowledge-based authentication, or biometric data; and
      “2. Remote notarization procedures shall provide for human visual comparison between the principal and the principal’s identification presented to the remote notary” (UAC R623-100-5[A]).

   4. Remote Presentation of ID: “Remote notarization solution providers shall use an automated software process to aid the notary in verifying each principal’s identity.
      “1. The identification shall pass an authenticity test that:
      “i. Uses appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;
      “ii. Uses appropriate technologies to confirm that the identification is not fraudulent or inappropriately modified;
      “iii. Uses information held or published by the issuing source or authoritative source, as available, to confirm the validity of the identification details; and
      “iv. Provides the result of the authenticity test to the notary.
      “2. The identification analysis procedure shall enable the notary to visually compare the following for consistency:
      “i. The information and photo on the identification image presented; and
      “ii. The principal as viewed by the notary in real time through the audio/video system.
      “3. If the remote notary public is unable to validate the identification of the principal, or to match the ‘s [sic] physical features with the credential, the remote notary public shall not complete the remote notarial act.
      “i. No further attempt may be made by the notary or the Solution Provider to complete the notarial act using audio-video communication using that credential.
      “4. Identification requirements shall be a type required under [UCA] 46-1-2(19)(b) (*Note: Chapter 391 of 2024 changed the number of this statute to UCA 46-1-20[b]).
      “5. The identification image shall be captured and shall confirm that:
      “a. The principal is in possession of the identification at the time of the notarial act;
      “b. The identification images submitted for credential analysis have not been manipulated; and
      “c. The identification images match the identification in the principal’s possession.
      “ii. The following general principles should be considered in the context of image resolution:
      “a. Captured image resolution should be sufficient for the issuing source or authoritative source to perform Credential Analysis per the requirements above;
      “b. Image resolution should be sufficient to enable visual inspection by the notary, including legible text and clarity of photographs, barcodes, and other identification features; and
      “c. All images necessary to perform visual inspection and Credential Analysis shall be captured” (UAC R623-100-5[B]).

   5. Dynamic Knowledge-Based Authentication: “Knowledge-based authentication procedure must meet the following requirements:
      “1. Each principal must answer questions and achieve a passing score. The procedure must include:
      “a. Five multiple choice questions, drawn from public or private data sources.
      “b. A minimum of five possible answer choices per question.
      “c. Require that 80% of the questions are correctly answered within two minutes by the principal.
      “2. Each principal is to be provided a reasonable number of attempts per signing session.
      “i. If a principal fails their first quiz, they may attempt up to two additional quizzes within 48 hours from the first failure.
      “ii. During any quiz retake, a minimum of 40% (2) of the prior questions shall be replaced” (UAC R623-100-5[C]).

Refusal of Services

1. Legal Standard for Refusal: “A notary shall perform notarial acts in lawful transactions for any requesting person who tenders the appropriate fee specified in [UCA] Section 46-1-12” (UCA 46-1-8[2]).
   “According to law, a notary may not refuse to enter into a lawful transaction involving a notarial act. Do not adopt policies to refuse transactions unless there is a legal reason to do so. To ‘pick and choose’ who is served based on personal preferences or prejudices is not legally justified” (NPSGH, “Top Ten Mistakes of Notaries Public”).
   “Many notaries feel they can refuse service based solely on the content of the document; but that is not true.
   “Our recommendation is to not refuse service unless the signer:
   ”• is unable to produce proper ID
   ”• is not signing the document voluntarily
   ”• refuses to sign the notary’s journal
   ”• is not willing to swear under oath on penalty of perjury that they understand the contents of the document they are signing
   ”• is asking you to copy certify a public document” (website, “When can I refuse a notarization?”)

2. Employer Policies: According to the Utah “Notary Public Study Guide and Handbook,” employers of Notaries:

   1. May determine the hours when a Notary employee is available to serve the public, but only during and not after work hours.

   2. May set a policy that a Notary employee-only notarize company documents during work hours but may not restrict a Notary’s notarial services to the workplace only.

   3. May limit a Notary employee to serving the public at designated times during work hours but may not “pick and choose” which documents or customers will be served during those times.

   4. May require Notaries to charge the maximum authorized fee for clients or non-clients but may not require more than the maximum fee.
      “Some employers have expressed concern over this law. It is true, employers often carry 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” (NPSGH, “Top Ten Mistakes of Notaries Public).

3. Document Content or Type: According to the Utah “Notary Public Study Guide,” the content or type of document may not in itself because for refusing to notarize: “Many have asked ‘can I notarize a will?’ The answer should be ‘yes,’ unless there is some other reason as found in Title 46 [of the Utah Code Annotated] that would categorize the transaction as unlawful. Company policies cannot ‘override’ the law that requires service on lawful transactions.

4. Foreign-Language Documents: “What about documents in another language? You should not be reading the document anyway — even if it is in English. However, you must communicate sufficiently with the signer to ensure the signer signed voluntarily” (NPSGH, “Top Ten Mistakes of Notaries Public”).

Representative Capacity

1. Attorney in Fact: “What happens if someone signing the document is the “attorney-in-fact” or has a power of attorney? – Utah law allows for someone claiming to be the attorney in fact to sign as the person they are representing. Most attorney in fact (sic) are not attorneys, rather they are a spouse, business partner or relative of the principal. You can require them to sign their name as well as the person they are signing for. For example: Jane R. Smith attorney in fact for John Q. Smith, principal. More importantly, you will want to use notarial language that would not misrepresent who’s signature you were witnessing” (website, “FAQs”).

2. Corporation: “Can I notarize the “capacity” of an individual? – Yes, in some cases representatives of companies are asked to sign papers on behalf of their organization. In this case you would use a notarial certificate reflecting this language. The signer would still sign his or her name; however, you would place their capacity after their name in the certificate (website, “FAQs”).

Postdated Documents

“What if the date on the document is after the date in which you are notarizing the document? – Prudence would cause you to ask the signer if they are aware of the anomaly, and would perhaps give you reason to refuse services, if they will not change the date. The signing date on the document should always precede or coincide with the date of notarization, since a document dated later than the notarial certificate could be questioned or even rejected by a recorder wondering how a document could have been signed after it was notarized” (website, “FAQs”).

Real Estate Deeds

“Deeds, deeds and more deeds. Should I notarize these? – Bonding companies report that well over two-thirds of the lawsuits targeting notaries involve real estate deeds. As a notary, you should make it a point to double your caution in notarizing real property deeds; the nation would see a significant decrease in forged, coerced and incompetent signings. Just imagine that you see the words “Proceed Carefully” at the top of every deed you notarize. Then, take special pains to identify each signer and to make sure that the signer appears to be aware of the import of the document” (website, “FAQs”).

Disqualifying Interest

1. Personal: A Notary may not perform a notarization if the Notary has signed or is named in the document that is to be notarized, except in the case of a self-proved will as provided in UCA 75-2-504 or an electronic will as provided in UCA 75-2-1408.
   Furthermore, a Notary may not perform a notarization if the Notary is named in the document to be notarized, except in the case where an attorney Notary is named in the document only as representing a signer or another person named in the document, or a licensed escrow agent as defined in UCA 31A-1-301 acts as the title insurance producer in signing closing documents, and is not named individually in the closing documents as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, lessee, buyer, or seller (UCA 46-1-7[1] and [2]).
   “Being named in a document means that the notary may not act as an impartial party. In other countries, notaries can be “civil notaries” which means they can go above and beyond what a notary in Utah can do. They can also attest to information outside of what is lawfully allowable for a non-attorney notary in Utah. If this is the case, unfortunately, only a notary who is also an attorney may attest to this information. Any notary that does attest to the language in the body of the document is both a. acting as an attorney and b. naming themselves in the document. Both of these are against the law. All you can do is considerately and tolerantly clarify to the person requesting the notarization is that the powers of notaries differ radically from state to state and nation to nation, and refer them to their own legal counsel” (website, “FAQs”).

2. Beneficial or Financial: Further, a Notary may not notarize when the Notary will receive direct compensation from a notarization connected with a financial transaction in which the Notary is named individually as a principal or 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” (UCA 46-1-7[3] and [4]).

3. Exceptions: There are three exceptions to the rule prohibiting Notaries from performing notarial acts if are named in a document:
   1. The document is a self-proved will (UCA 46-1-7[2][a]).
   2. The document is a self-proved electronic will (UCA 46-1-7[2][b]).
   3. The Notary is a licensed attorney that is listed in the document only as representing a signer or another person named in the document (UCA 46-1-7[2][c]).
   4. The Notary is a licensed escrow agent that acts as the title insurance producer in signing closing documents and is not named individually in the closing documents as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, lessee, buyer, or seller (UCA 46-1-7[2][d]).

Undue Influence

“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” (UCA 46-1-8[1]).

False or Incomplete Certificate

“A notary may not … execute a certificate containing a statement known by the notary to be false or materially incomplete” (UCA 46-1-9[1]).

Deceit or Fraud

“A notary may not … perform any official action with intent to deceive or defraud” (UCA 46-1-9[2]).

Endorsements

“A notary may not use the notary’s title or official seal to endorse or promote any product, service, contest, or other offering” (UCA 46-1-10).

Unauthorized Practice of Law

“A nonattorney notary may not provide advice or counsel to another person concerning legal documents or legal proceedings, including immigration matters” (UCA 46-1-11[1]).

Stamp and Sign

“Never just stamp and sign. Make sure the proper language, with all necessary material information, is included in the written description of the notarial act (also called ‘certificate’)… None of the acts listed in [UCA 46-1-6] are defined as ‘signature and seal alone’” (NPSGH, “Top Ten Mistakes of Notaries Public”).

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1. ‘Notario Publico’: “Literal translation of the phrase ‘Notary Public’ into any language other than English is prohibited if the literal translation implies that the notary is a licensed attorney. 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” (UCA 46-1-11[2][c]; see also UCA 13-49-304[1], where the term is applied specifically to immigration consultants).

2. Non-English Ads – Mandatory Notice: A nonattorney Notary who advertises notarial services in any language other than English must include in the ad a notice that the Notary is not an attorney, as follows verbatim: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE.” The notice must include the maximum fees that Notaries may charge under UCA 46-1-12. The notice must be in both English and the language of the ad and must be “in letters of a conspicuous size.” The required wording may be modified for a radio or television ad but must include substantially the same message (UCA 46-1-11[2][a] and [b]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: In 2000, Utah adopted its own version of the Uniform Electronic Transactions Act (UCA 46-4-101 through 46-4-503), including the following provisions recognizing the legal validity of electronic signatures used by Notaries:
      “(1) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied by following the procedures and requirements of [UCA] Subsection 46- 1-16(8) [see “Seal Information in Lieu of Seal,” below].
      “(2) The electronic signature of the person authorized to perform the acts under subsection (1), and all other information required to be included by other applicable law, shall be attached to or logically associated with the signature or record” (UCA 46-4-205).

   2. Uniform Real Property Electronic Recording Act: Effective July 1, 2015, Utah adopted the Uniform Real Property Electronic Recording Act (UCA 17- 21a-101 through 17-21a-403), including the following provision on the notarization of electronic real property documents: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature” (UCA 17-21A-202[3][a]).

   3. Notaries Public Reform Act: Utah’s Notary Public statutes contain a definition of “electronic notarization” (UCA 46-1-5) and a provision related to the use of electronic Notary seals (See “Seal Requirement” under “Seal and Signature, below).

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Utah Digital Signature Act: Effective May 1, 2006, legislation repealed the Utah Digital Signature Act, one of the nation’s first comprehensive state laws implementing public key infrastructure (PKI) technology. The Utah Digital Signature Act was undermined by enactment in 2000 of Utah’s Uniform Electronic Transactions Act and of the federal Electronic Signatures in Global and National Commerce Act (E-Sign). The technological neutrality stance of these two laws undercut the Utah Digital Signature Act’s commitment to PKI technology.

Remote Notarial Acts

1. Applicable Law

   1. Notaries Public Reform Act: Utah’s Notary Public statutes contain provisions related to remote notarial acts. These provisions are summarized below.

   2. Utah Administrative Code: Effective November 1, 2019, the Lieutenant Governor adopted administrative rules for remote notarial acts in the Utah Administrative Code, Lieutenant Governor, R623 (“Elections”). These rules are summarized below.

2. Prior Laws Repealed: Certain provisions in the state’s Notary code and administrative rules that authorized a Notary’s performance of an acknowledgment without the presence of the acknowledger, provided there was a reliable audio-visual link between Notary and acknowledger were enacted in the early 2000s, but were repealed effective May 1, 2006. These provisions never proved workable.

3. Technology Systems

   1. Approval of System Providers: Required. “A remote notary public shall use an approved solution vendor to perform remote notarial acts” (UAC R623-100-4[D]).
      “'Solution Provider' means a third-party vendor, approved by the lieutenant governor, providing a software solution enabling a Utah remote notary public to perform the duties of, or complete, a remote notarial act” (UAC R623-100-2[J]).

   2. List of Approved Systems: The Lieutenant Governor maintains a list of all providers whose technology systems have been approved for use by Utah Notaries at https://notary.utah.gov/2023/11/22/approved-remote-notary-vendors.

4. Authorization and Legality: “A remote notary who receives a remote notary certification under [UCA] Section 46-1-3.5 may perform a remote notarization if the remote notary is physically located in this state” (UCA 46-1-3.6[1]).
   “Notwithstanding any other provision of law, a remote notarization lawfully performed under this chapter satisfies any provision of state law that requires an individual to personally appear before, or be in the presence of, a notary at the time the notary performs a notarial act” (UCA 46-1-3.6[4]).

5. Communication Technology: “A. A reliable remote notarization operating model should consist of continuous, synchronous audio and video feeds with good clarity such that all participants can always be clearly seen and understood.
   “B. The remote notary shall determine if the quality of both the audio and the video are adequate for communication and provide direction to terminate the session if adequate conditions are not met.
   “C. The audio/video recording shall include the person-to-person interaction required as part of the remote notarial act, shall be logically associated to the electronic notary journal, and shall be capable of being viewed and heard using broadly available audio/video players” (UAC R623-100-6[A]-[C]).

6. Electronic Journal and Recording of Remote Act: For the requirement for Notaries to keep an electronic journal entry and recording of each remote notarial act, see “Records of Notarial Acts,” below.

7. Printouts of Remote Notarial Acts: “The remote notarization solution provider’s system, process, and procedures shall be capable of generating a printable version of all documents executed in the system, including but not limited to the documents executed in the notarial act, and associated tamper-evident certifications as required by the lieutenant governor” (UAC R623-100-9[A]).

8. Electronic Wills: On August 31, 2020, the Uniform Electronic Wills Act (UCA 75-2-1401 through 75-2-1411) was signed into law and took effect on that date. It allows a will to be created and signed in electronic form and allows the witnesses to the electronic will to sign the electronic will in the physical or “electronic” presence of the testator. “Electronic presence” is defined as “the relationship of two or more individuals in different locations communicating in real time to the same extent as if the individuals were physically present in the same location” (UCA 75-2-1402[2]). The new law authorizes an electronic will to be made “self-proving” at the time the testator signs the electronic will by the acknowledgment of the testator and affidavits of the witnesses made before a Notary or other officer authorized to administer oaths (UCA 75-2-1408). As mentioned above (see “Disqualifying Interest”), a Notary may be a signer of or named in a self-proving electronic will and take the acknowledgment of the testator and affidavits of the witnesses.

Immigration Consultants

Effective July 1, 2012, a comprehensive Utah law called the Immigration Consultants Registration Act (UCA 13-49-101 through 13-49-404) addresses abuses by the many self-proclaimed immigration “experts,” “specialists” and “consultants” who prey upon and exploit unknowing immigrants seeking to change their status with the U.S. Citizenship and Immigration Services. Often, these exploiters may be state-commissioned Notaries.

Under the act, an “immigration consultant” is defined as “an individual who provides nonlegal assistance or advice on an immigration matter including:
“(a) completing a document provided by a federal or state agency, but not advising a person as to the person’s answers on the document;
“(b) translating a person’s answer to a question posed in a document provided by a federal or state agency;
“(c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
“(d) submitting a completed document on a person’s behalf and at the person’s request to the United States Citizenship and Immigration Services; or
“(e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter” (UCA 13-49-102[5]).

The act mandates that any person in Utah charging a fee as an “immigration consultant” must first register with the Utah Department of Commerce, be fingerprinted, undergo a background screening, and post a $50,000 cash or surety bond. The act defines the services that immigration consultants may perform, regulates advertising, and prescribes rules for the posting of signs, delivery of written notices, and execution of contracts. It also defines prohibited acts, including the following:

“An immigration consultant may not, with the intent to mislead, literally translate, from English into another language, words or titles, including “notary public,” “notary,” “licensed,” “attorney,” “lawyer,” or any other terms that imply that the person is an attorney, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material describing the immigration consultant” (UCA 13-49-304[2]).

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“Affidavit” of Notarial Act

In the Utah Code Annotated, the term “affidavit” is used throughout UCA 46-1-6.5 (entitled “Form of notarial certificate for document notarizations”) in referring to the forms for a jurat, acknowledgment, copy certification and signature witnessing.

Certificate Forms

Utah statute prescribes various notarial certificate forms without excluding the use of other forms (UCA 57-2a-7). These certificate forms and others authorized by the Lieutenant Governor appear below.

The phrases “My commission expires ___________” and “Residing at ___________” may be omitted if this information is included in the seal.

“The Attorney-in-Fact would sign the [principal] signer’s name on the document and must also his/her name as ‘attorney in fact.’” (NPSGH)

In addition to a corporation, this certificate may also be used when a partnership, trust, limited liability company or other entity is represented by an authorized signing officer, agent, partner, trustee, member or other representative.

NOTE: According to state officials in the Lieutenant Governor’s office, Utah county recorders will not accept notarial certificates for a proof of execution by subscribing witness.

Remote Notarial Certificate

1. Definition: “‘Remote Notarial Certificate’ means the portion of a remotely notarized electronic document that is completed by a remote notary public and that bears the notary public’s electronic signature, electronic seal and certification language as provided by [UCA] Section 46-1-6.5” (UAC R623-100-2[H]).

2. Requirements

   1. Indication of Remote Notarial Act: “A remote notary shall ensure that the notarial certificate described in this section that is used for a remote notarization includes a statement that the remote notary performed the notarization remotely” (UCA 46-1-6[6]; see also UCA R623-100-9[B]).

   2. Tamper-Evident: “When performing a remote notarization, a remote notary shall attach the remote notary’s electronic signature and electronic seal under [UCA 46-1-16] Subsection (3)(b) to an electronic notarial certificate in a manner that makes evident any subsequent change or modification to:
      “(i) the notarial certificate; or
      “(ii) any electronic record, that is a part of the notarization, to which the notarial certificate is attached” (UCA 46-1-16[3][c]).
      “‘Tamper-Evident’ means a technology-based process that indicates whether a change has been made to an electronic document since the technology was applied” (UAC R623-100-2[K]).

Sufficiency of Certificate

Acknowledgment Certificate: “The form of a certificate of acknowledgment … shall be accepted if:
“(1) the certificate is in a form prescribed by the laws or rules of this state;
“(2) the certificate is in a form prescribed by the laws or regulations applicable in the place where the acknowledgment is taken; or
“(3) the certificate contains the words ‘acknowledged before me,’ or their substantial equivalent” (UCA 57-2a-6).

Terminology in Notarial Certificate

“What if I don’t understand the terminology in preprinted notarial language? – Here are some examples and their translations:

Affiant ………… Affidavit Signer
Attest................ Certify
Depose ………..Swear
Execute.........… Sign, Executing, Subscribing
Witness………..Witness
Instrument......Document
Legalize……….Authenticate
Subscribe…..… Sign Verification
Upon Oath……Jurat” (website, “FAQs”).

Preprinted Notarial Certificate

“What if someone wants me to use preprinted notarial language? – Many times you will see notarial language preprinted on a document before you complete the notarization. If this is the case, make sure it complies with Utah law. If it doesn’t use a certificate that does comply. If the individual asking you to notarize the documents demands you use their language, simply refuse service. The language you attest to should lawfully abide with Utah notary statute, anything that doesn’t is simply against the law, and you will be the only one to answer for this” (website, “FAQs”).

Document Without Notarial Certificate

“What if there is no notarial language on the document? – Utah notaries may not decide on their own which notarial language to use, whether it be a Jurat or Acknowledgment, however, you may describe the difference between the certificates to the signer and have them decide upon which to use” (website, “FAQs”).

Incorrect Notarial Certificate

“What if there is incorrect information in the notarial certificate? – Make sure you initial any changes made to your notarial certificate, and make note of it in your journal as well” (website, “FAQs).

Correcting a Notarial Certificate

“What if I make a mistake on the notarial certificate, and someone tells me to fix it? – You and you alone must be the one to fix any mistakes on your notarization. If someone brings the mistake to your attention, let them know that you have to be the one to correct the certificate. Make and initial any changes needed to the notarial certificate; you do not have to create a new notarial certificate” (website, “FAQs”).

Naming Document Signer

According to the “Notary Public Study Guide and Handbook” Notaries must include the name of the signer appearing before the Notary in the notarial certificate: “If John Doe appears before you, you must certify John Doe appeared before you (it seems simple enough, but many notaries actually forget to name the signer). When more than one signature appears on the document, omitting this material information often leads to confusion. Many fraud cases show that the “defrauder” was able to add a different name in the Jurat or Acknowledgment simply because the notary failed to include the correct name in the first place.”

Out-of-State Certificate

“What if the notarial certificate is from out-of-state? – Using a Jurat, Acknowledgment or Copy Certification that was printed in another state should cause you to pause before proceeding to notarize. First, make sure the language complies with Utah laws. If unsure use the sample Jurat, Acknowledgment of Copy Certificate on this [Utah Lieutenant Governor’s] site instead. Before replacing the notarial certificate, make sure you explain your decision not to use the pre-printed language to the signer” (website, “FAQs”).

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Definitions

1. “'Electronic seal' means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection 46-1-3.7(1)(d), that a remote notary may attach to a notarial certificate to complete a remote notarization” (UCA 46-1-2[7]).

2. “'Official seal' means the seal described in Section 46-1-16 that a notary may attach to a notarial certificate to complete a notarization. (b) “Official seal” includes an electronic seal” (UCA 46-1-2[16]).

Seal Requirement

1. Notarial Acts: Required.
   “[A] notary shall keep an official seal … that is the exclusive property of the notary” (UCA 46-1-16[2[a]).
   “[A] notary shall affix the seal impression near the notary’s official signature on a notarial certificate and shall include a sharp, legible, and photographically reproducible ink impression of the notarial seal… (UCA 46-1-16[3][b]).

2. In-Person Electronic Notarial Acts: Not explicitly required.
   “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)’” (UCA 46-1-16[7]).

3. Remote Notarial Acts: Required.
   “[A] … remote notary shall keep an electronic seal … that is the exclusive property of the notary” (UCA 46-1-16[2[a]).

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (UCA 17-21a-202[3][b]).

Seal Format

1. Notarial Acts

   1. Ink Stamp: “[A] notary shall affix the seal impression near the notary’s official signature on a notarial certificate and shall include a sharp, legible, and photographically reproducible ink impression of the notarial seal…” (UCA 46-1-16[3][b]).

   2. Additional Embosser: “A notary may use an embossed seal impression that is not photographically reproducible in addition to, but not in place of, the photographically reproducible seal required in this section” (UCA 46-1-16[4]).

   3. Shape and Size: Rectangular, with a border no larger than 1 inch by 2½ inches surrounding the required components (UCA 46-1-16[3][b][v]).

   4. Components: The seal must contain the following components (UCA 46-1-16[3][b]):

      1. Notary’s name, exactly as on the commission;

      2. “Notary Public”;

      3. “State of Utah”;

      4. “My commission expires on (commission expiration date)”;

      5. Commission number, exactly as on Notary’s commission;

      6. Facsimile of Great Seal of Utah.

   5. Ink Color: “Each notarial seal obtained by a notary shall use purple ink” (UCA 46-1-16[2][c][i]).

2. In-Person Electronic Notarial Acts: Not explicitly prescribed.

3. Remote Notarial Acts

   1. Elements: “When performing a remote notarization, a remote notary shall attach the remote notary’s electronic signature and electronic seal under Subsection (3)(b) to an electronic notarial certificate in a manner that makes evident any subsequent change or modification to:
      “(i) the notarial certificate; or
      “(ii) any electronic record, that is a part of the notarization, to which the notarial certificate is attached” (UCA 46-1-16[3][c]).
      Note, “Subsection (3)(b)” to which the statute refers, lists the elements that must be found in a Notary Public’s official physical seal. Thus, the same elements must be reproduced in the Remote Notary’s electronic seal.

   2. Ink Color: “Each official seal used for a remote notarization shall be rendered in black” (UCA 46-1-16[2][c][ii]).

Placement of Seal

“A notary shall affix the seal impression near the notary’s official signature on a notarial certificate…” (UCA 46-1-16[3][b]).

Legibility of Seal

The seal must affix “a sharp, legible, and photographically reproducible ink impression” (UCA 46-1- 16[3][b]).

“A notary shall affix the notarial seal in a manner that does not obscure or render illegible any information or signatures contained in the document or in the notarial certificate” (UCA 46-1-16[5]).

Seal Without Certificate

“A notary may not use a notarial seal independent of a notarial certificate” (UCA 46-1-16[6]).

Plat Maps

“Except for a notarial certificate that is completed as a part of a remote notarization, 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” (UCA 46-1-16[7]).

Seal Vendors

“A person may not provide an official seal to an individual claiming to be a notary, unless the individual presents a copy of the individual’s notarial commission, attached to a notarized declaration substantially as follows:

I, ___________ (name of individual 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 statement a copy of my commission.” (UCA 46-1-17[1]).

Ownership and Use of Seal

“[A] notary shall keep an official notarial seal, and a remote notary shall keep an electronic seal… that is the exclusive property of the notary” (UCA 46-1-16[2][a]).

According to the “Notary Public Study Guide and Handbook,” an employer of a Notary may not confiscate the Notary’s seal of office when the Notary ceases to work for that employer.

New Seal

“A notary shall obtain a new seal: (i) when the notary receives a new commission; or (ii) if the notary changes the notary’s name of record at any time during the notary’s commission” (UCA 46-1-16[3][a]).

Destruction of Seal

“A notary who resigns shall destroy the official seal and certificate in accordance with [UCA] Subsection 46-1-16(9)” (UCA 46-1-21[3]).

If a Notary changes his or her name, the seal bearing the old name must be destroyed (UCA 46-1- 20[2][e]).

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Utah law. The embossing seal may be used in addition to, but not in place of, the inking seal. Formats other than these may also be permitted.

Open

Open

Electronic Seal

1. Guardian of Electronic Seal: “A remote notary may allow a person that provides an electronic seal to the remote notary under [UCA] Section 46-1-17 to act as guardian over the electronic seal.
   “(ii) Except as provided in [UCA 46-1-16] Subsection (2)(d)(iii), a guardian described in [UCA 46-1- 16] Subsection (2)(d)(i) shall store the seal in a secure manner that prevents any person from:
   “(A) accessing the seal, other than the guardian and the remote notary named on the seal; or
   “(B) using the seal to perform a notarization, other than the remote notary named on the seal.
   “(iii) A guardian that a notary designates under [UCA 46-1-16] Subsection (2)(d)(i) may access and use the seal of the notary:
   “(A) for a purpose solely related to completing, in accordance with this chapter, the notarization, by the notary, for which the seal is accessed or used;
   “(B) for a purpose solely related to complying with the requirements to obtain, store, and protect the seal under this chapter; or
   “(C) if required under a court order” (UCA 46-1-16[2][d]).

2. Unlawful Possession of eSeal: “Except as provided in Subsection (2)(b), an individual may not create, obtain, or possess an electronic seal unless:

   “(i) the individual is a notary; and

   “(ii) the electronic seal complies with the standards established by rule under Subsection 46-1-3.7(1)(d)” (UCA 46-1-17[2][a]).

3. Lost Electronic Signature, Seal: “A remote notary shall immediately notify the lieutenant governor if the notary becomes aware that the notary’s electronic signature [or] electronic seal … has been lost, stolen, or used unlawfully” (UCA 46-1-16[10]).

Notary’s 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” (UCA 46-1-16[1]).

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Required.
      “A remote notary shall keep a secure electronic journal of each remote notarization the notary performs” (UCA 46-1-13[2]).

2. Recording of Remote Notarial Acts

   1. Requirement: “A remote notary shall create an audio and video recording of the performance of each remote notarization and store the recording in accordance with [UCA] Sections 46- 1-14 and 46-1-15” (UCA 46-1-3.6[3][a]).
      “A remote notary shall include with the journal a copy of the electronic recording of the remote notarization” (UCA 46- 1-14[3][a]).

   2. Exclusion: “The transaction documents executed in the remote notarization act shall not be recorded as part of the video recording” (UAC R623-100-6[C][1]).

   3. Not a Public Record: “The electronic recording is not a public record and is not a part of the notary’s journal” (UCA 46- 1-14[3][b]).

Journal of Notarial Acts Permitted

“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” (UCA 46- 1-13).

“While Utah law does not require a notary to keep a journal, here is a good question to ask yourself when considering whether or not to keep one: How will you defend yourself in a court of law if a notarization is called into question? If your answer is: “My notary journal”, you would be correct. The journal is the only sure way you can prove you used reasonable care in your performance as a notary, and may also be used as irrefutable evidence that a correct notarization occurred. Without it, you’re on your own” (website, “FAQs”).

Protecting Personal Information

“A remote notary shall take reasonable steps, consistent with industry standards, to ensure that any non-public data transmitted or stored in connection with a remote notarization performed by the remote notary is secure from unauthorized interception or disclosure” (UCA 46-1-3.6[3][b]).

Journal Entries

1. Permissible and Required Entries: “A notary may, for each notarial act the notary performs, and a remote notary shall, for each notarial act the remote notary performs remotely, record the following information in the journal described in [UCA] Section 46-1-13 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;
   “(iv) if used for a remote notarization, a description of the dynamic knowledge-based authentication or biometric data analysis that was used to provide satisfactory evidence of identity under [UCA] Subsection 46-1-2(20)(a)(ii); and
   “(f) the fee, if any, charged for the notarial act” (UCA 46-1-14[1]).

2. Refusal of Service: “A notary may record in the journal the circumstances in refusing to perform or complete a notarial act” (UCA 46-1-14).

Security and Ownership of Journal

“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” (UCA 46-1-15[1]).

“A remote notary shall:
“(i) ensure that the electronic journal and electronic recording described in [UCA] Section 46-1-14 that is maintained by the remote notary is a secure and authentic record of the remote notarizations that the notary performs;
“(ii) maintain a backup electronic journal and electronic recording; and
“(iii) protect the backup electronic journal and electronic recording described in Subsection (2)(a)(ii) from unauthorized access or use” (UCA 46-1-15[2][a]).

Custodian of Electronic Journal

“(i) A remote notary may designate as a custodian of the remote notary’s electronic journal and electronic recording described in [UCA] Section 46-1-14:
“(A) subject to [UCA 46-1-15] Subsection (3), the remote notary’s employer that employs the remote notary to perform notarizations; or
“(B) except as provided in [UCA 46-1-15] Subsection (2)(b)(iii), an electronic repository that grants the remote notary sole access to the electronic journal and electronic recording and does not allow the person who operates the electronic repository or any other person to access the journal, information in the journal, or the electronic recording for any purpose.
“(ii) A remote notary that designates a custodian under [UCA 46-1-15] Subsection (2)(b)(i) shall execute an agreement with the custodian that requires the custodian to comply with the safety and security requirements of this chapter with regard to the electronic journal, the information in the electronic journal, and the electronic recording.
“(iii) An electronic repository described in [UCA 46-1-15] Subsection (2)(b)(i)(B) may access an electronic journal, information contained in an electronic journal, and the electronic recording:
“(A) for a purpose solely related to completing, in accordance with this chapter, the notarization for which the journal or information in the journal is accessed;
“(B) for a purpose solely related to complying with the requirements to retain and store records under this chapter; or
“(C) if required under a court order” (UCA 46-1-15[2][b]).

Privacy: “Solution Providers shall have comprehensive security programs in place to ensure privacy and data security” (UAC R623-100-7[C]).
“Solution Providers shall be vigilant to ensure consumer data, privacy and information security laws and regulations are satisfied through their information security programs” (UAC R623-100-7[C]).

Lost Electronic Journal

“A remote notary shall immediately notify the lieutenant governor if the notary becomes aware that the notary’s … electronic journal, or information from the journal has been lost, stolen, or used unlawfully” (UCA 46-1-16[10]).

Surrender of Journal

“The notary’s employer may not require the notary to surrender the journal upon termination of the notary’s employment” (UCA 46-1-15[3]).

Retention of Journal

“A remote notary shall maintain, or ensure that a person that the notary designates as a custodian under [UCA] Subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the information described in [UCA 46-1-14] Subsections (1) and (3) for each remote notarization the notary performs” (UCA 46-1- 14[4]).

“The length to which the notary should keep their journal after they are no longer a notary is left up to the notary to decide. We do suggest the notary keep the journal for a sufficient amount of time to be able to use as evidence if a notarization is called into question. The nationwide standard is 10 years” (website, “New Notary Laws 2017”).

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Maximum Fees

1. Notarial Acts: The maximum fees that a Utah Notary may charge for notarial acts are (UCA 46-1-12[1]):

   1. For taking an acknowledgment: $10 per signature;

   2. For administering an oath or affirmation, without a signature: $10 per person;

   3. For executing a jurat: $10 per signature;

   4. For witnessing or attesting a signature: $10 per signature;

   5. For certifying a copy: $10 per page certified.

2. Remote Notarial Acts: “The maximum fee a remote notary may charge for an item described in [UCA 46-1-12] Subsection (1)(a) that the remote notary performs as a part of a remote notarization is $25” (UCA 46-1-12[1][b]).

Travel Fees

“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 [UCA 46-1-12] 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 (UCA 46-1-12[2]).

Fee Schedule

“A Notary shall display an English-language schedule of fees for notarial acts and may display a non- English-language schedule of fees” (UCA 46-1-12[3]).

Increasing Fee

An employer of a Notary may not require the Notary to charge more than the maximum fees authorized under UCA 46-1-12 (NPSGH, “Top Ten Mistakes of Notaries Public”).

Immigration Services Fees

1. Fees of Notaries: “The fee of a notary shall not exceed $10 per individual for each set of forms relating to a change of that individual’s immigration status” (UCA 46-1-12[4][a]).
   “The fee limitation … shall apply whether or not the notary is acting as a notary …” (UCA 46-1-12[4]b)).

2. Attorneys Exempt: The maximum fee a Notary may charge for completing forms relating to a change of an individual’s immigration status does not apply to a licensed attorney rendering professional services on immigration matters (UCA 46-1-12[4][b]).

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Notary Signing Agents

A provision in a comprehensive Utah insurance law that took effect in May of 2013 (Chapter 319 [House Bill 47]) declares that the term “escrow” does not include the performance of notarial acts by a Notary, the receipt or delivery of a document, or the receipt of money for delivery to an escrow agent — the key duties performed by Notary Signing Agents (NSAs) — and thus carves out a lawful role in the marketplace for Utah NSAs (UCA 31A-1-301[59][b]). Enactment of the legislation culminated two years of discussions between the National Notary Association and the Title and Escrow Commission of the Department of Insurance, which has contended that NSAs too often illegally explain loan documents to their signers. Under the law, NSAs and Notaries must still avoid explaining documents to borrowers at any loan signing, unless they are duly licensed and authorized as attorneys or as “title insurance producers.” Violators risk imposition of a maximum $5,000 fine, per offense, by the Title and Escrow Commission under UCA 31A-2-308.

Recording Requirements

1. Notarial Certificate Required: “A certificate of the acknowledgment of any document, or of the proof of the execution of any document, or a jurat as defined in [UCA] Section 46-1-2, or other notarial certificate containing the words “subscribed and sworn” or their substantial equivalent, that is signed and certified by the officer taking the acknowledgment, proof, or jurat, as provided in this title, entitles the document and the certificate to be recorded in the office of the recorder of the county where the real property is located” (UCA 57-3-101[1]).

2. Compliant Notarial Act: “Notarial acts affecting real property in this state shall also be performed in conformance with Title 46, Chapter 1, Notaries Public Reform Act” (UCA 57-3-101[2]).

3. Original Document: “Unless otherwise provided, a document presented for recording in the office of the county recorder shall: … be an original; or … be an electronic document that satisfies the requirements under Title 17, Chapter 21a, Uniform Real Property Electronic Recording Act” (UCA 57-3-106[1][a][i]).

4. Legibility: “A document presented for recording shall be sufficiently legible for the recorder to make certified copies of the document” (UCA 57-3-106[7]).

5. Names of Signers: “(1)(a) Each instrument presented to the county recorder for recording shall have typed or printed on it the name of each person whose signature appears on the instrument whose name is required to be indexed.
   “(b) The person’s typed or printed name shall appear just beneath that person’s signature.
   “(2) The requirements of [UCA 46-17-25] Subsection (1) do not affect the legality of the instrument to be recorded” (UCA 17-21-25).

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Notarial Acts in Utah

“Notarial acts performed in this state shall be performed by:
“(a) a judge or court clerk having a seal;
“(b) a notary public; or
“(c) a county clerk or county recorder” (UCA 57-1-2a-3[1]).

Notarial Acts Under Other Governments

“The following persons authorized under the laws and regulations of other governments may perform notarial acts outside this state for use in this state with the same effect as if performed by a notary public of this state:
“(a) a notary public authorized to perform notarial acts in the place where the act is performed;
“(b) a judge, clerk, or deputy clerk of any court of record in the place where the notarial act is performed;
“(c) an officer of the foreign service of the United States, a consular agent, or any other person authorized by regulation of the United States Department of State to perform notarial acts in the place where the act is performed;
“(d) a commissioned officer in active service with the Armed Forces of the United States and any other person authorized by regulation of the Armed Forces to perform notarial acts if the notarial act is performed for any of his dependents, a merchant seaman of the United States, a member of the Armed Forces of the United States, or any other person serving with or accompanying the Armed Forces of the United States; or
“(e) any other person authorized to perform notarial acts in the place where the act is performed” (UCA 57-2a-2[2]).

Evidence of Authority: “(1) Except as provided in [UCA 57-2a-4] Subsections (2) and (3), the signature, title or rank, branch of service, and serial number, if any, of any person described in [UCA] Subsection 57-2a-3(2) are sufficient proof of his authority to perform a notarial act. Further proof of his authority is not required.
“(2) Proof of the authority of a person to perform a notarial act under the laws or regulations of a foreign country is sufficient if:
“(a) a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
“(b) the official seal of the person performing the notarial act is affixed to the document; or
“(c) the title and indication of authority to perform notarial acts of the person appears either in a digest of foreign law or in a list customarily used as a source of such information.
“(3) The signature and title or rank of the person performing the notarial act are prima facie evidence that he is a person with the designated title and that his signature is genuine” (UCA 57-2a-4).

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Lieutenant Governor

Certificates authenticating the acts of Utah Notaries are issued by the office of Utah’s Lieutenant Governor. These authentications — in the form of either apostilles or other certificates authenticating notarial acts — are not intended to indicate that the contents of any attached notarized document is correct or approved by the state of Utah:

“This certification attests only to the authenticity of the signature of the official who signed the affixed document, the capacity in which that official acted, and where appropriate the identity of the seal or stamp which the document bears. This certification is not intended to imply that the contents of the document are correct, nor that they have the approval of the State of Utah.” (The preceding statement is printed at the bottom of every apostille or other authenticating certificate issued by the Utah Lieutenant Governor.)

1. Fee: $20 per document for an apostille or other certificate authenticating a notarial act and $10 per apostille or certificate of authentication for an adoption. Checks should be made payable to “State of Utah”; cash and major credit cards also are accepted. If the document is presented before 3 p.m., same- day two-hour service is available for $95 per document. Next-business-day, 24-hour service is $55 per document. An additional $10 will be charged for all international shipping via the U.S. Postal Service with no tracking; if tracking is needed, a pre-paid shipping envelope must be provided (website, www.authentications.utah.gov, “Home”).

2. Address:
   Office of Lieutenant Governor
   Utah State Capitol
   350 N. State Street, Suite 220
   P. O. Box 142325
   Salt Lake City, UT 84114

3. Phone: 1-801-538-1041

4. Procedure: Persons needing document authentication may mail or present in person the original notarized document and the appropriate fee. If documents are mailed in, a completed “Document Authentication Request Form” (available on the website) and a stamped self-addressed envelope must also be included. Unless expedited service has been requested, processing normally takes three to five business days (website, www.authentications.utah.gov, “Apostille and Certification Information”).
   Authentications for adoption requests must also include a completed “Adoption Authentication Request Form” that may be downloaded from the website.

5. Authentication Refusals: “The lieutenant governor may not certify a signature of a notary or county recorder on:
   ”(1) a document that is not properly notarized, if notarization is required; or
   “(2) a document regarding:
   ”(a) allegiance to a government or jurisdiction;
   ”(b) sovereignty;
   ”(c) in itinere status or world service authority; or
   ”(d) a claim similar to a claim listed in [UCA 67-1a-13] Subsections (2)(a) through (c)” (UCA 67-1a-13).

6. Other Notarized Documents: The Utah Lieutenant Governor’s “Authentications” webpage also contain instructions on the pre-authentication handling of the certain types of notarized document (website, www.authentications.utah.gov, “Types of Documents”).

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