Notary Test
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1. Definition: Ac- a notarial act in which a notary certifies that a signer, whose identity is personally
knowledgment 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.
2. Definition: Com- (a) to empower to perform notarial acts; or
mission (b) the written document that gives authority to perform notarial acts, including
the Certificate of Authority of Notary Public that the lieutenant governor issues to
a notary.
3. Definition: Copy a notarial act in which a notary certifies that a photocopy is an accurate copy of a
certification document that is neither a public record nor publicly recorded.
4. Definition: Elec- an electronic sound, symbol, or process attached to or logically associated with a
tronic signature record and executed or adopted by a person with the intent to sign the record.
5. Definition: Jurat a notarial act in which a notary certifies:
(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer's identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness of a
document; and
(c) that the signer voluntarily signs the document in the presence of the notary.
6. Definition: "No- an act that a notary is authorized to perform under Section 46-1-6:
tarial act" or "no- (1) A notary may perform the following acts:
tarization" (a) a jurat;
(b) an acknowledgment;
(c) a signature witnessing;
(d) a copy certification; and
(e) an oath or affirmation.
(2) A notary may not:
(a) perform an act as a notary that is not described in Subsection (1); or
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(b) perform an act described in Subsection (1) if the person for whom the notary
performs the notarial act is not in the physical presence of the notary at the time
the notary performs the act.
7. Definition: Notar- the affidavit described in Section 46-1-6.5 that is:
ial certificate (a) a part of or attached to a notarized document; and
(b) completed by the notary and bears the notary's signature and seal.
8. Definition: No- any person commissioned to perform notarial acts under this chapter
tary
9. Definition: "Oath" a notarial act in which a notary certifies that a person made a vow or affirmation in
or "affirmation" the presence of the notary on penalty of perjury.
10. Definition: Offi- a notary's performance of any act prohibited or failure to perform any act mandat-
cial misconduct ed by this chapter or by any other law in connection with a notarial act.
11. Definition: Per- familiarity with an individual resulting from interactions with that individual over a
sonally known period of time sufficient to eliminate every reasonable doubt that the individual
has the identity claimed.
12. Definition: Satis- (a) "Satisfactory evidence of identity" means identification of an individual based
factory Evidence on:
of identity (i) 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;
(ii) a valid passport that any nation issues; or
(iii) the oath or affirmation of a credible person who is personally known to the
notary and who personally knows the individual.
(b) "Satisfactory evidence of identity" does not include:
(i) a driving privilege card under Subsection 53-3-207(10); or
(ii) another document that is not considered valid for identification.
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13. Definition: Signa- a notarial act in which an individual:
ture witnessing (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.
14. To qualify for a (a) be at least 18 years old;
notarial commis- (b) lawfully reside in the state for at least 30 days immediately before the individual
sion an individual applies for a notarial commission;
shall: (c) be able to read, write, and understand English;
(d) submit an application to the lieutenant governor containing no significant
misstatement or omission of fact, that includes:
(i) the individual's:
(A) name as it will appear on the commission;
(B) residential address;
(C) business address;
(D) daytime telephone number; and
(E) date of birth;
(ii) an affirmation that the individual meets the requirements of this section;
(iii) an indication of any criminal convictions the individual has received, including
a plea of admission or no contest;
(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations
of a notarial commission or other professional license involving the applicant in
this or any other state;
(v) an indication that the individual has passed the examination described in
Subsection (5); and
(vi) payment of an application fee that the lieutenant governor establishes in
accordance with Section 63J-1-504; and
(e)
(i) be a United States citizen; or
(ii) have permanent resident status under Section 245 of the Immigration and
Nationality Act.
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15. The lieutenant (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
governor may (b) any revocation, suspension, or restriction of a notarial commission or profes-
deny an applica- sional license issued to the applicant by this or any other state;
tion based on: (c) the applicant's official misconduct while acting in the capacity of a notary; or
(d) the applicant's failure to pass the examination described in Subsection (5).
16. An individual four years, unless the person resigns or the commission is revoked or suspended
whom the lieu- under Section 46-1-19.
tenant governor
commissions as a
notary may per-
form notarial acts
in any part of the
state for a term of
17. After commission (i) After an individual's commission expires, the individual may not perform a
expires: notarial act until the individual obtains a new commission.
(ii) An individual whose commission expires and who wishes to obtain a new com-
mission shall submit a new application, showing compliance with the requirements
of this section.
18. A notarial com- (1) the notary named in the commission takes a constitutional oath of office and
mission is not ef- files a $5,000 bond with the lieutenant governor that:
fective until: (a) a licensed surety executes for a term of four years beginning on the commis-
sion's effective date and ending on the commission's expiration date; and
(b) conditions payment of bond funds to any person upon the notary's misconduct
while acting in the scope of the notary's commission; and
(2) the oath and bond are approved by the lieutenant governor.
19. A notary may per- (a) a jurat;
form the follow- (b) an acknowledgment;
ing acts: (c) a signature witnessing;
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1. Definition: Ac- a notarial act in which a notary certifies that a signer, whose identity is personally
knowledgment 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.
2. Definition: Com- (a) to empower to perform notarial acts; or
mission (b) the written document that gives authority to perform notarial acts, including
the Certificate of Authority of Notary Public that the lieutenant governor issues to
a notary.
3. Definition: Copy a notarial act in which a notary certifies that a photocopy is an accurate copy of a
certification document that is neither a public record nor publicly recorded.
4. Definition: Elec- an electronic sound, symbol, or process attached to or logically associated with a
tronic signature record and executed or adopted by a person with the intent to sign the record.
5. Definition: Jurat a notarial act in which a notary certifies:
(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer's identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness of a
document; and
(c) that the signer voluntarily signs the document in the presence of the notary.
6. Definition: "No- an act that a notary is authorized to perform under Section 46-1-6:
tarial act" or "no- (1) A notary may perform the following acts:
tarization" (a) a jurat;
(b) an acknowledgment;
(c) a signature witnessing;
(d) a copy certification; and
(e) an oath or affirmation.
(2) A notary may not:
(a) perform an act as a notary that is not described in Subsection (1); or
, Notary Test
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(b) perform an act described in Subsection (1) if the person for whom the notary
performs the notarial act is not in the physical presence of the notary at the time
the notary performs the act.
7. Definition: Notar- the affidavit described in Section 46-1-6.5 that is:
ial certificate (a) a part of or attached to a notarized document; and
(b) completed by the notary and bears the notary's signature and seal.
8. Definition: No- any person commissioned to perform notarial acts under this chapter
tary
9. Definition: "Oath" a notarial act in which a notary certifies that a person made a vow or affirmation in
or "affirmation" the presence of the notary on penalty of perjury.
10. Definition: Offi- a notary's performance of any act prohibited or failure to perform any act mandat-
cial misconduct ed by this chapter or by any other law in connection with a notarial act.
11. Definition: Per- familiarity with an individual resulting from interactions with that individual over a
sonally known period of time sufficient to eliminate every reasonable doubt that the individual
has the identity claimed.
12. Definition: Satis- (a) "Satisfactory evidence of identity" means identification of an individual based
factory Evidence on:
of identity (i) 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;
(ii) a valid passport that any nation issues; or
(iii) the oath or affirmation of a credible person who is personally known to the
notary and who personally knows the individual.
(b) "Satisfactory evidence of identity" does not include:
(i) a driving privilege card under Subsection 53-3-207(10); or
(ii) another document that is not considered valid for identification.
, Notary Test
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13. Definition: Signa- a notarial act in which an individual:
ture witnessing (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.
14. To qualify for a (a) be at least 18 years old;
notarial commis- (b) lawfully reside in the state for at least 30 days immediately before the individual
sion an individual applies for a notarial commission;
shall: (c) be able to read, write, and understand English;
(d) submit an application to the lieutenant governor containing no significant
misstatement or omission of fact, that includes:
(i) the individual's:
(A) name as it will appear on the commission;
(B) residential address;
(C) business address;
(D) daytime telephone number; and
(E) date of birth;
(ii) an affirmation that the individual meets the requirements of this section;
(iii) an indication of any criminal convictions the individual has received, including
a plea of admission or no contest;
(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations
of a notarial commission or other professional license involving the applicant in
this or any other state;
(v) an indication that the individual has passed the examination described in
Subsection (5); and
(vi) payment of an application fee that the lieutenant governor establishes in
accordance with Section 63J-1-504; and
(e)
(i) be a United States citizen; or
(ii) have permanent resident status under Section 245 of the Immigration and
Nationality Act.
, Notary Test
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15. The lieutenant (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
governor may (b) any revocation, suspension, or restriction of a notarial commission or profes-
deny an applica- sional license issued to the applicant by this or any other state;
tion based on: (c) the applicant's official misconduct while acting in the capacity of a notary; or
(d) the applicant's failure to pass the examination described in Subsection (5).
16. An individual four years, unless the person resigns or the commission is revoked or suspended
whom the lieu- under Section 46-1-19.
tenant governor
commissions as a
notary may per-
form notarial acts
in any part of the
state for a term of
17. After commission (i) After an individual's commission expires, the individual may not perform a
expires: notarial act until the individual obtains a new commission.
(ii) An individual whose commission expires and who wishes to obtain a new com-
mission shall submit a new application, showing compliance with the requirements
of this section.
18. A notarial com- (1) the notary named in the commission takes a constitutional oath of office and
mission is not ef- files a $5,000 bond with the lieutenant governor that:
fective until: (a) a licensed surety executes for a term of four years beginning on the commis-
sion's effective date and ending on the commission's expiration date; and
(b) conditions payment of bond funds to any person upon the notary's misconduct
while acting in the scope of the notary's commission; and
(2) the oath and bond are approved by the lieutenant governor.
19. A notary may per- (a) a jurat;
form the follow- (b) an acknowledgment;
ing acts: (c) a signature witnessing;
