Utah Notary Test QUESTIONS AND CORRECT ANSWERS AND RATIONALE

Utah Notary Test QUESTIONS AND CORRECT ANSWERS AND RATIONALES Top 10 Mistakes of Notaries Public: Mistake 1 - ANSWER- Leaving out the notarial language Top 10 Mistakes of Notaries Public: Mistake 2 - ANSWER- Confusing the notarial acts Top 10 Mistakes of Notaries Public: Mistake 3 - ANSWER- Misinterpreting electronic signature/notarization Top 10 Mistakes of Notaries Public: Mistake 4 - ANSWER- Failing to require Personal Appearance Top 10 Mistakes of Notaries Public: Mistake 5 - ANSWER- Failing to name the appearing signer Top 10 Mistakes of Notaries Public: Mistake 6 - ANSWER- Adopting policies contrary to UCA 46-1-8 Top 10 Mistakes of Notaries Public: Mistake 7 - ANSWER- Failing to require proper ID Top 10 Mistakes of Notaries Public: Mistake 8 - ANSWER- Refusing documents solely for their content Top 10 Mistakes of Notaries Public: Mistake 9 - ANSWER- Leaving the notary seal and certificate with the employer upon termination of employment Top 10 Mistakes of Notaries Public: Mistake 10 - ANSWER- Executing "materially incomplete" certificates 1. Leaving out the notarial language: - ANSWER- - never stamp and sign -5 options of notarial acts - none of the acts are defined as "signature and seal alone" 2. Notary acts preformed by a Utah Notary - ANSWER- 1. Jurats 2.Acknowledgement 3.Signature Witnessing 4.Oaths or Affirmations 5.Copy Certifications Acknowledgement - ANSWER- 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 Jurat - ANSWER- A notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has made, in the notary's presence, a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed document Signature Witnessing - ANSWER- A notarial act in which an individual appears in person before a notary and presents a document; provides the notary satisfactory evidence of the individual's identity or is personally known to the notary; and signs the document in the presence of the notary Difference between Jurat and Acknowledgement - ANSWER- Jurat: Like acknowledgement in making a positive identification of a person, but has a spoken oath/affirmation that you will read and the signer has to repeat back. Silent answers or nods are not acceptable. Typically using verbiage "Subscribed and sworn to..." Acknowledgement: Must use correct certificate wording. Can't use Jurat certificate for Acknowledgement and vice versa. Will use "acknowledge before me" or similar wording. 3. Misinterpreting electronic signature/notarization - ANSWER- - Very rare - Still needs to make personal appearance -Doesn't mean over the phone, video conference, email, etc - in presence of notary using a computer to sign instead of pen and paper -The rule of personal appearance not affected by the definition of "Electronic Signature" 4. Failing to Require Personal Appearance - ANSWER- -Title 46 doesn't allow for variation on this matter - Many fraud cases begin with compelling stories of why they cannot be in your presence 5. Failing to name the appearing signer - ANSWER- When a signers name does not appear on the certificate in print. 6. Adopting policies contrary to UCA 46-1-8 - ANSWER- -a notary may not refuse to enter into a lawful transaction involving a notarial act -may not "pick and choose" who is served based on personal presences or prejudices. It's illegal -Companies must keep main purpose: to serve the public- not just the c