Utah - U.S. Notary Reference
Last Update: May 13, 2025
QUICK FACTS
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
Notarial Acts: $5,000, with a licensed surety (UCA 46-1-4).
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.
ADMINISTRATION AND RULES
Commissioning and Regulating Official
The Lieutenant Governor commissions, regulates and maintains records on the state’s Notaries (UCA 46-1-3).
Contact Information
Address: Office of Lieutenant Governor
Notary Office
Utah State Capitol
P.O. Box 142325
350 N. State St., Suite 220
Salt Lake City, UT 84114Phone: 801-538-1041
Website: https://notary.utah.gov/
Laws, Rules and Guidelines
Laws
Utah Code Annotated: 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”).
Citations: Citations to the Code in this chapter follow this convention: UCA, title, chapter, and section separated by hyphens, and any subsection within the section, if applicable, in brackets. Example: UCA 46-1-16[1][c][ii]).
Rules
Utah Administrative Code: Administrative rules for remote notarization are in the Utah Administrative Code (UAC), Lieutenant Governor, R623 (“Elections”).
Citations: Citations to the Code in this chapter follow this convention: UAC, title, rule, and section separated by hyphens, and any subsection within the section, if any, separated by periods. Example: UCA R623-100-6.C.1.
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.
COMMISSION AND APPOINTMENT
Commission Process
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.Course: Not required.
Exam: Required.
Online 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).
Exam Passing Score, Results: 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. 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).
Exam Fee: $40, payable by credit card. Both the exam fee ($40) and application fee ($55) are paid at the end of the exam. Once the credit card payment is processed, the test is automatically submitted.
Exam Retakes: Retaking the examination within 30 days requires payment of an additional $40 fee. Retakes later than 30 days after the original test date incur a $95 fee (website, “FAQs).
Application
Online Filing: Applicants must complete and file their application through the Lieutenant Governor’s online system.
Examination: After creating an account, the online system will take the applicant to the examination (see “Exam,” above).
Fees: $95 ($55 for the application and $40 for the exam) are paid together by credit card at the end of the online exam.
Bond: Before submitting the application through the Lieutenant’s online system, the applicant must obtain a $5,000 surety bond that covers the applicant’s commission term from a licensed surety and upload the bond through the system.
Background Check: The applicant will be directed to submit a mandatory background check (see “Background Check,” below).
Oath of Office: 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 comes with your bond” (website, “Process and Qualifications”). 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, “Process and Qualifications”).
Certificate of Authority: 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”).
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.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]).
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
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]).Application
Downloadable PDF: Applicants must download the Remote Notary Application from the Lieutenant Governor’s website.
Electronic Mail Submission: The completed application, additional $5,000 bond, and PDF file containing the applicant’s electronic signature and seal (see below) must be submitted via email to notary@utah.gov.
Application Information: “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” (UAC R623-100-4[A]-[B]).
Bond: An additional $5,000 bond is required (see “Bond,” below).
Electronic Seal and Signature: An applicant must obtain an electronic seal and signature from an approved vendor. That electronic seal and signature will be produced in a PDF file that the applicant will transmit to the Lieutenant Governor by email with the application form and increased bond.
Confirmation: The Lieutenant Governor will confirm the approval of the applicant’s application by email and the Notary’s record in the Lieutenant Governor’s system will be marked as a “Remote Notary” (website, “Remote Online Notary (RON) Application Process”).
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]).
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
Notary Public Bond
Requirement: “(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]).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.
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”).
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]).
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]).
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”).
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
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]).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]).Commission Resignation, Expiration, 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”).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Utah Notaries are authorized to perform the following notarial acts (UCA 46-1-6, except as otherwise noted):
Take acknowledgments and proofs (UCA 57-2-10);
Administer oaths and affirmations;
Execute jurats;
Perform signature witnessings;
Take affidavits (UCA 78B-5-701);
Certify photocopies of documents that are neither public records nor publicly recorded.
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.
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
Definitions
Acknowledgment: “‘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: “‘Acknowledged before me’ means:
“(a) that the person acknowledging appeared before the person taking the acknowledgment;
“(b) that the person acknowledging he executed the document;
“(c) that, in the case of:
“(i) a natural person, the natural person executed the document for the purposes stated in it;
“(ii) a corporation, the officer or agent acknowledged the officer or agent held the position or title set forth in the document or certificate, the officer or agent 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 the partner or agent signed the document on behalf of the partnership by proper authority, and the partner or agent 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, that person 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, that person 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]).
Requirements: As indicated in the definition of “acknowledged before me,” above, in taking an acknowledgment a Notary Public certifies:
Personal Appearance: The individual making the acknowledgment appeared personally before the Notary (UCA 57-2a-2[1][a]).
Identity of Principal: The individual making the acknowledgment was identified by personal knowledge or satisfactory evidence (UCA 57-2a-2[1][d][i]) (see “Identification,” below).
Acknowledgment of Signature: The individual making the acknowledgment acknowledged signing the document to the Notary individually (UCA 57-2a-2[1][b], [c][1]) or in the capacity stated and with proper authority (UCA 57-2a-2[1][b], [c]).
“Acknowledgment certifies a signer has admitted in the notary’s presence to voluntarily signing….” (NPSGH, “Top Ten Mistakes of Notaries Public”).Proof of Representative Capacity: The individual signing the document in a representative capacity must present satisfactory evidence or make a sworn or affirmed statement to the Notary or notarial officer that they had proper authority to sign the document (UCA 57-2a-2[1][d][ii]).
Proofs
Definition: “A subscribing witness is ‘one who witnesses the signatures on an instrument and signs at the end of the instrument to that effect.’ Black's Law Dictionary 1597 (7th ed. 1999)” (Cazares v. Cosby, 2003 UT 3).
Real Estate: A real estate conveyance or an instrument that affects real estate may be executed through a proof by a subscribing witness (UCA 57-2-10).
Identity of Subscribing Witness: A subscribing witness 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 57-2-11).
Proof by Handwriting: 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).
Subpoenas: 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
Definitions
“‘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]).
“[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” (website, “FAQs”).
Examples
“Oath: ‘Do you solemnly swear that the contents of this document subscribed (signed) by you are correct and true?’”
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
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]).Requirements
Personal Appearance: The definition, above, indicates the individual for whom the jurat is performed must sign the document in the presence of the Notary, which requires the individual to first appear personally before the Notary.
Identity of Principal: The definition, above, indicates the individual for whom the jurat is performed must be personally known to the Notary or provide the Notary with satisfactory evidence of identity.
Oath or Affirmation: “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]).
Principal Signature: The definition, above, indicates the individual for whom the jurat is performed must sign the document in the presence of the Notary.
“Jurat certifies that a voluntary
signature was made in the notary’s presence under an oath or affirmation….” (NPSGH, “Top Ten Mistakes of Notaries Public”).
Signature Witnessings
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]).Requirements
Personal Appearance: The definition, above, indicates the individual for whom the signature witnessing is performed must appear personally before the Notary Public.
Identity of Principal: The definition, above, indicates the individual for whom the signature witnessing is performed must provide the Notary with satisfactory evidence of identity.
Principal Signature: The definition, above, indicates the individual for whom the signature witnessing is performed must sign the document in the presence of the Notary.
“Signature Witnessing certifies a voluntary signature was made in the notary’s presence” (NPSGH, “Top Ten Mistakes of Notaries Public”).
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
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]).
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
Definition: “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]).
STANDARDS OF PRACTICE
Personal Appearance
Definition
Notarial Acts: “‘In the presence of the notary’ means that an individual … is physically present with the notary in close enough proximity to see and hear the notary….” (UCA 46-1-2[9]).
Remote Notarial Acts: “‘In the presence of the notary’ means that an individual … 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]).
Notarial Acts
Prohibition: “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]).Excuses for Personal Appearance: “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”).
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
Notarial Acts
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]).
Personal Knowledge
Definition: 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: “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”).
Satisfactory Evidence of Identity
ID Documents
Acceptable IDs: “(a) ‘Satisfactory evidence of identity’ means
“(i) for … an in-person … 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]).Unacceptable IDs: “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 governmental entity may not accept a driving privilege card as proof of personal identification” (UCA 53-3-207[10][a]).
Credible Witness: “‘Satisfactory evidence of identity’ means:
“(i) for … an in-person … 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]).
Driving Privilege Card: “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]).
Remote Notarial Acts
Definitions
Knowledge-Based Authentication: “‘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]).
Satisfactory Evidence of Identity
ID Documents: The same identification documents that are presented to verify identity of a principal for a notarial act are used for remote presentation and credential analysis in a remote notarial act (UCA 46-1-2[2][a][1][A], [B]).
Third-Party Processes or Services
Knowledge-Based Authentication: “‘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 … 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…. (UCA 46-1-2[20][a][ii][B]).
Biometric Analysis: “‘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 … analysis of the individual’s biometric data, which may include facial recognition, voiceprint analysis, or fingerprint analysis” (UCA 46-1-2[20][a][ii][B]).
Remote Presentation, Credential Analysis: “‘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]).
Requirement
Personal Knowledge: A Remote Notary may verify the identity of a remotely located principal through the Remote Notary’s personal knowledge of the individual (UCA 46-1-3.6[2]).
Credible Witness: A credible witness who personally knows the Remote Notary and principal may be used to verify the identity of the principal for a remote notarial act (UCA 46-1-2[2][a][1][C]).
Multi-Factor Authentication: Two of the following forms of multi-factor authentication must be used to grant access to a remotely located individual for a remote notarial act(UAC R623-100-2.D)
Credential Analysis:
Remote Presentation of ID: “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 … 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]).
“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][2]).Credential Analysis: The approved form of identification remotely presented to the Remote Notary is then subject to credential analysis by a third party. The Utah Administrative Code provides several detailed standards that remote notarization solution provider must implement to assist the Remote Notary in using credential analysis to verify the authenticity of a qualifying ID document presented by the remotely located principal during a remote notarial act (UAC R623-100-5).
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]).Biometric Verification: “Biometric sensing technologies for remote notarization in the areas of authentication, credential analysis, and identity proofing verification may include facial, voice, and fingerprint recognition” (UAC R623-100-5.3; see also UCA 46-1-2[20][a][ii][B]).
Refusal of Services
Legal Standards 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?”)Employer Policies: According to the Utah “Notary Public Study Guide and Handbook,” employers of Notaries may:
Determine the hours when a Notary employee is available to serve the public, but only during and not after work hours.
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.
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.
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).
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.
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
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 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”).
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
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”).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]).
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”).
Advertisements
‘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).
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
Applicable Law
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).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]).
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).
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
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.