Utah Notary Flashcards
Powers & limitations
Notarial acts that may be performed by a notary within the state.
Acknowledgement
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 state
purpose.
Jurat
A notarial act in which a notary certifies that a signer, whose identity is personally
known or proven on the basis of satisfactory evidence, has made, in the notary's
presence, a voluntary signature and taken an oath or affirmation vouching tfor the
truthfulness of the signed document.
False or incommplete certificate
A notary may not execute a certificate containing a statement known by the notary to be
of this nature.
Notarization of an electronic signature requirers
A personal appearance and certification of a voluntary signature.
Notarization of an electronic signature can not be done...
Over the phone, fax, email or video conference.
For electronic notarization, the signer is in the presence of the notary
using______
Computer instead of pen and paper.
Electronic Signature
An electronic sound, symbol, or process attached to or logically associated with a
record and executed or adopted by a person with the intent to sign the record.
A signer must always appear before the notary except:
There are no exceptions. Many fraud cases begin with stories of why the signer could
not personally appear.
Failing to name the appearing signer
When a signers name does not appear on the certificate in print.
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 or forgot to put the
signer's name on the certificate in print..
Policiy contrary to UCA 46-1-8
A notary "Picks & chooses" who is served based on personal preferences or prejudices.
To "pick and choose" who is served based on personal preferences.
By law, a notary may not refuse to enter into a lawful transaction involving a notarial act.
An employer may:
*Determine when the notary is availabe to serve the public DURING work hours.
*Establish policy that the notary will only notarize company documents DURING work
hours.
*Allow the notary to serve the public at determined times DURING work hours.
*Require a $5 fee for clients or non-clients.
, An employer may not:
*Determine when the notary is avaiable to serve the public AFTER work hours.
*Establish policy that the notary's service is restricted to the workplace.
*"Pick & choose" which documents or customers will be served whenthe notary is
serving the general public (unless the transaction is unlawful)
*Require more than $5 per signature notarized.
Valid Identification
* Passport (from this or any nation)
* Approved Government I.D.
Approved Government I.D. (U.S., any state within the U.S., or Foreign) must
include:
A photograph, Signature, and Physical Description.
Not Valid Identification
*Driver's Privilege Card
*Birth Certificate
*Marriage License
*Social Security Card
*Any other documents when does NOT meet the criteria for Valid Identification
Satisfactory evidence of identity
Identification of an individual based on valid personal identification with the individual's
photograph, signature, and physical descripton issued by the United States
government, any state within the United States or a foreign government. (or) Valid
passport issued by any nation (or) The oat or affirmation of a credible person who is
personally knnown to the notary and who personally knows the individual.
Can a notary notarize a will?
Yes, unless there is some other reason as found in title 46 that would categorize the
transaction as unlawful.
Can a notary notarize a document written in another language?
Yes. A notary should not be reading the document.
46-1-8 A notary may not refuse to...
enter into a lawful transaction involving a notarial act by the notary
Reference: 46-1-14 For every notarial act, the notary may record the following
information in the journal...
a description of the document or proceeding
The notary is commissioned by the..
Lieutenant Governor--not the employer.
When a notary leaves employement, the commision remains...
in effect until expiration, cancellation, or resignation.
By law, the required bond for Notaries Public employed by the state office or
agency is provided by the...
Office of Risk Management.
When a state employee ceases employemtn the notary's coverage &
commission...
cancel (are cancelled)
An employer MAY
Pay for the notary's bond & pay for the notary's seal.
Powers & limitations
Notarial acts that may be performed by a notary within the state.
Acknowledgement
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 state
purpose.
Jurat
A notarial act in which a notary certifies that a signer, whose identity is personally
known or proven on the basis of satisfactory evidence, has made, in the notary's
presence, a voluntary signature and taken an oath or affirmation vouching tfor the
truthfulness of the signed document.
False or incommplete certificate
A notary may not execute a certificate containing a statement known by the notary to be
of this nature.
Notarization of an electronic signature requirers
A personal appearance and certification of a voluntary signature.
Notarization of an electronic signature can not be done...
Over the phone, fax, email or video conference.
For electronic notarization, the signer is in the presence of the notary
using______
Computer instead of pen and paper.
Electronic Signature
An electronic sound, symbol, or process attached to or logically associated with a
record and executed or adopted by a person with the intent to sign the record.
A signer must always appear before the notary except:
There are no exceptions. Many fraud cases begin with stories of why the signer could
not personally appear.
Failing to name the appearing signer
When a signers name does not appear on the certificate in print.
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 or forgot to put the
signer's name on the certificate in print..
Policiy contrary to UCA 46-1-8
A notary "Picks & chooses" who is served based on personal preferences or prejudices.
To "pick and choose" who is served based on personal preferences.
By law, a notary may not refuse to enter into a lawful transaction involving a notarial act.
An employer may:
*Determine when the notary is availabe to serve the public DURING work hours.
*Establish policy that the notary will only notarize company documents DURING work
hours.
*Allow the notary to serve the public at determined times DURING work hours.
*Require a $5 fee for clients or non-clients.
, An employer may not:
*Determine when the notary is avaiable to serve the public AFTER work hours.
*Establish policy that the notary's service is restricted to the workplace.
*"Pick & choose" which documents or customers will be served whenthe notary is
serving the general public (unless the transaction is unlawful)
*Require more than $5 per signature notarized.
Valid Identification
* Passport (from this or any nation)
* Approved Government I.D.
Approved Government I.D. (U.S., any state within the U.S., or Foreign) must
include:
A photograph, Signature, and Physical Description.
Not Valid Identification
*Driver's Privilege Card
*Birth Certificate
*Marriage License
*Social Security Card
*Any other documents when does NOT meet the criteria for Valid Identification
Satisfactory evidence of identity
Identification of an individual based on valid personal identification with the individual's
photograph, signature, and physical descripton issued by the United States
government, any state within the United States or a foreign government. (or) Valid
passport issued by any nation (or) The oat or affirmation of a credible person who is
personally knnown to the notary and who personally knows the individual.
Can a notary notarize a will?
Yes, unless there is some other reason as found in title 46 that would categorize the
transaction as unlawful.
Can a notary notarize a document written in another language?
Yes. A notary should not be reading the document.
46-1-8 A notary may not refuse to...
enter into a lawful transaction involving a notarial act by the notary
Reference: 46-1-14 For every notarial act, the notary may record the following
information in the journal...
a description of the document or proceeding
The notary is commissioned by the..
Lieutenant Governor--not the employer.
When a notary leaves employement, the commision remains...
in effect until expiration, cancellation, or resignation.
By law, the required bond for Notaries Public employed by the state office or
agency is provided by the...
Office of Risk Management.
When a state employee ceases employemtn the notary's coverage &
commission...
cancel (are cancelled)
An employer MAY
Pay for the notary's bond & pay for the notary's seal.
