Utah Notary Flashcards Exam QUESTIONS AND CORRECT ANSWERS AND RATIONALES

Utah Notary Flashcards Exam QUESTIONS AND CORRECT ANSWERS AND RATIONALES Powers & limitations - ANSWER- Notarial acts that may be performed by a notary within the state. Acknowledgement - 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 admitted, in the presence of the notary, to voluntarily signing a document for the document's state purpose. Jurat - ANSWER- 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 - ANSWER- 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 - ANSWER- A personal appearance and certification of a voluntary signature. Notarization of an electronic signature can not be done... - ANSWER- Over the phone, fax, email or video conference. For electronic notarization, the signer is in the presence of the notary using______ - ANSWER- Computer instead of pen and paper. Electronic Signature - ANSWER- 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: - ANSWER- There are no exceptions. Many fraud cases begin with stories of why the signer could not personally appear. Failing to name the appearing signer - ANSWER- 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: - ANSWER- 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 - ANSWER- A notary "Picks & chooses" who is served based on personal preferences or prejudices. To "pick and choose" who is served based on personal preferences. - ANSWER- By law, a notary may not refuse to enter into a lawful transaction involving a notarial act. An employer may: - ANSWER- *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: - ANSWER- *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 - ANSWER- * 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: - ANSWER- A photograph, Signature, and Physical Description. Not Valid Identification - ANSWER- *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 - ANSWER- 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? - ANSWER- 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? - ANSWER- Yes. A notary should not be reading the document. 46-1-8 A notary may not refuse to... - ANSWER- 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... - ANSWER- a description of the document or proceeding The notary is commissioned by the.. - ANSWER- Lieutenant Governor--not the employer. When a notary leaves employement, the commision remains... - ANSWER- 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... - ANSWER- Office of Risk Management. When a state employee ceases employemtn the notary's coverage & commission... - ANSWER- cancel (are cancelled) An employer MAY - ANSWER- Pay for the notary's bond & pay for the notary's seal. An employer MAY NOT cancel... - ANSWER- the bond even if the notary ceases employement. An employer MAY NOT confiscate... - ANSWER- the seal when the notary ceases employment. Reference 46-1-16(2) A notary shall keep an... - ANSWER- official notarial seal that is the exclusive property of the notary and that may not be used by any other person. Reference 46-1-13: If a notary maintains a journal, the notary shall: - ANSWER- 1. Safeguard the journal and all other notarial records as valuable public documents and may not destroy the documents; 2. Keep the journal in the exclusive cusody of the notary, not to be used by any other notary or surrendered to an employer upon termination of employment.