Utah Notary test 2023 Exam Questions And Answers

Utah Notary test 2023 Exam Questions And Answers False or incomplete certificate - ANSWER- A notary may not execute a certificate containing a statement known by the notary to be false or materially incomplete Top Ten of Notaries Public - ANSWER- 1. Leaving out the notarial language 2.Confusing the notarial acts 3. Misinterpreting electronic signature/notarization 4.Failing to require Personal Appearance 5.Failing to name the appearing signer 6. Adopting policies contrary to UCA 46-1-8 7.Failing to require proper I.D. 8.Refusing documents solely for their content 9.Leaving the notary seal and certificate with the employer upon termination of employment 10.Executing "materially incomplete" certificates 1.Leaving out the notarial language - ANSWER- Never just stamp and sign. When notarizing a signature, ALWAYS use some variation of one of the two acts: Jurat Certificate and Acknowledgment Certificate The following notarial acts may be performed by a notary within the state: - ANSWER1. Jurats 2. Acknowledgments 3. Signature Witnesses 4. Copy Certifications 5. Oaths or Affirmations. A notary may not execute a certificate containing a statement known by the notary to be false or materially incomplete Official Seal - ANSWER- A notary may not use a notarial seal independent of a notarial certificate. 2. Confusing the notarial acts - ANSWER- JURAT; Certifies that a voluntary signature was made in the notary's presence under an oath or affirmation. ACKNOWLEDGEMENT, Certifies that a signer has admitted in the notary's presence to voluntary signing a document. SIGNATURE WITNESSING certifies that a voluntary signature was made in the notary's presence. All 3 require personal appearance, and proof of identity 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- 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 of affirmation vouching for the truthfulness of the signed document. Signature Witnessing - ANSWER- 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 3. Misinterpreting electronic signature/notarization - ANSWER- Notarization of an electronic signature IS VERY RARE and still requires personal appearance. IT is a certification of a voluntary signature just the same as any other signature. DOES NOT mean by phone, fax, email or video conference. For elecetronic notarization, the signer is in the presence of the notary using a computer instead of pen and paper. THE RULE OF PERSONAL APPEARANCE IA NOT AFFECTED BY THE DEFINITION OF "ËLECTRONIC SIGNATURE" Electronic signature - ANSWER- means an electronic sound, symbol, of process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record 4. Failing to require Personal Appearance - ANSWER- The signer must always appear before the notary. Title 46 does not allow for variations on this matter. 5. Failing to name the appearing signer - ANSWER- When more than one signature appears on the document, omitting this material information often leads to confusion. Many fraud cases show that the "defrauder" was able to add a different name in the Jurat or Acknowledgement simply because the notary failed to include the correct name in the first place. A notary may not execute a certificate containing a statement known by the notary to be false or materially incomplete 6. Adopting policies contrary to UCA 46-1-8 - ANSWER- 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 of prejudices is not legally justified. 7. Failing to require proper I.D. - ANSWER- VALID VERIFICATION .Passport (from this or any nation) .I.D. from government (U.S.any state within the U.S. of Foreign) with the following 3 items 1.Photograph 2.Signature 3.Physical Description NOT VALID .Driver's Privilege Card .Birth Certificate .Marriage License .Social Security any other document which does NOT meet the criteria for Valid Identification 8. Refusing documents solely for their content - ANSWER- regardless of the type of document, you may not refuse to enter into ä lawful transaction involving a notarial Act" 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. 9. Leaving the notary seal and certificate with the employer upon termination of employment - ANSWER- A notary is commissioned by the Lieutenant Governor-not the employer. When you leave employment your commission remains in effect until expiration, cancellation, or resignation. 10. Executing "Materially incomplete" certificates - ANSWER- A good rule is "Say what happened" (Names place, Dates, etc.)has a suggested formas that, if properly completed, is sufficient under any law of the State of Utah Notarial Certificate - ANSWER- a. a part of or attached to a notarized document: and b. completed by the notary and bears the notary's signature and seal Signature Witnessing - ANSWER- 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 know to the notary; and c. signs the document in the presence of the notary. This means to the notary: This is a new notarial act. This notarial language allows for a notary to just witness a signer's signature or confirm a signer's identity, without placing the signer under oath or affirmation. This still requires the signer to physically appear before the notary. This will be helpful when the notarization does not require the signer to be placed under oath affirmation for the document's stated purpose. Bond - ANSWER- What this means to the notary, Previously, a person employed by the State of Utah could be bonded through the state's Risk Management office. Powers and Limitations - ANSWER- a notary may perform the following act: a Jurat, an Acknowledgment, a signature witnessing, a copy of certification, and oath or affirmation. 2. A notary may not: a. perform an act as notary that is not described in subsection or b. perform an act described in subsection if the person for whom the notary performs the notarial act is not in the physical presence of the notary a the time the notary performs the act. Form of notarial certificate for document notarizations. - ANSWER- What this means to the notary: The addition to the law provides examples of notarial language for Jurat, Acknowledgement, Copy, Certification, and Signature Witnessing. This will be helpful to the notary, as the notary can replicate this language for any of the aforementioned acts, of use something substantially similar in format produce a notarial certificate during a notarization. There is also an example of the verbal language for completing an oath or affirmation before administering a Jurat. The notary is required to read this language to the signer before completing a lawful Jurat Disqualifications - ANSWER- If the notary is a licensed escrow agent in good standing with the Utah Insurance Department, the notary is now able to explain closing documents and be named in the documents that will be notarized. This does not cover 'notary signing agents" as there is no provision in State law that authorizes a notary is a licensed attorney or a licensed escrow agent. Inspection of journal -safekeeping and custody of journal - ANSWER- The length to which the notary should keep their journal after they are no longer a notary is left up to the notary to decide. We do suggest the notary keep the journal for a sufficient amount of time to be able to use as evidence if a notarization is called into question. The nationwide standard is 10 years. Official signature - ANSWER- A notary may not use a notarial seal independent of a notarial certificate. What this mean to the notary: Every notarization is requires to have the notary's seal (stamp), notarial language, and notary's signature. A notary's seal may not be used unless there is notarial language and a signature in place. Liability - ANSWER- This means to the notary: The criminal penalty for violating any provision under this chapter is now a class B misdemeanor., Previously, this only applied to certain parts in the chapter. Change of name or address - ANSWER- This means to the notary: If a notary has legally changed their name, the notary has 30 days to notify the Lt. Governor's office of the change. There are times when a notary may not adopt their spouse's surname, in which case the notary may continue to use their original stamp until expiration. The notary will no longer have to pay a $10 fee to chage the notary's name on the commission or send in the original certificate when requesting the change. Thw notary is now required to update the notary's business and residential address within 30 days of the change. "Before me" - ANSWER- means that an individual appears in the presence of the notary. "Commission" - ANSWER- means: a. To empower to perform notarial acts; or b. The written document that gives authority to perform notarial acts, including the Certificates of Authority of Notary Public that the lieutenant governor issues to a notary. "Copy Certification" - ANSWER- 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. "Electronic Recording" - ANSWER- Means the audio the audio and video recording, described in subsection 46-1-3.6 of a remote notarization "Electronic seal" - ANSWER- Means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection 46-1-3.7 that a remote notary may attach to a notarial certificate to complete a remote notarization. "In the presence of the notary" - ANSWER- Means that an individual: a. Is physically present with the notary in close enough proximity to see and hear the notary; or b. communicates with a remote notary by means of an electronic device or process that: -allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and - complies with rules made under section 46-1- 3.7 "Notarial act" or notarization - ANSWER- means ab act that a notary is authorized to perform under section46-1-6 Notarial act - ANSWER- means the affidavit described in Section 46=1-6.5 that is: a. a part of or attached to a notarized document; and b. completed by the notary and bears the notary's signature and official seal. Oath or affirmation - ANSWER- 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. Official misconduct - ANSWER- means a notary's performance of any act prohibited of failure to perform any act mandated by any other law in connection with a notarial act. Official Seal - ANSWER- means the seal that a notary may attach to a notarial certificate to complete a notarization. Includes an electronic seal. Personally know - ANSWER- means familiarity with an individual resulting from interactions with that individual over a period of tine sufficient to eliminate every reasonable doubt that the individual has the identity claimed remote notarization - ANSWER- 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 tie the remote notary performs the notarial act remote notary - ANSWER- means a notary that holds an active remote notary certification under section 46-1-3.5 Signature witnessing - ANSWER- means a notarial act in which an individual: a. appears in the presence of the notary and presents a document; b. provides the notary satisfactory evidence of the individual's identity, or is personally know to the notary; and c. signs the document in the presence of the notary Disqualifications - ANSWER- A notary may not perform a notarial act if the notary: 1.Is a signer of the document that is to be notarized except in case of a self-proved will 2. Is named in the document that is to be notarized except in case of a: a) self-proved will licensed attorney ; that is listed in the document only as representing a signer or another person named in the document; or c) 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; 3. will receive direct compensation from a transaction connected with a financial transaction in which the notary is named individually as a principal; or 4. will receive direct compensation from a real property transaction in which the notary is named individually as a grantor, grantee, mortgagor, mortgagees, trustor, trustee, beneficiary, vendor, vendee, lessor, lessee, buyer, or seller Impartiality - ANSWER- 1) A notary may not influence a person to enter into or to refuse to enter into lawful transaction involving a notarial act by the notary 2) A notary shall perform notarial acts in lawful transactions for any requesting person who tenders the appropriate fee. False or incomplete certificate - ANSWER- A notary may not: 1) execute a certificate containing a statement known by the notary to be false or materially incomplete; or 2)perform any notarial act with intent to deceive or defraud Testimonial prohibited - ANSWER- A notary may not use the notary's title or official seal to endorse or promote any product, service, contest, or other offering Prohibited acts -advertising- - ANSWER- A nonattorney notary may not provide advice or counsel to another person concerning legal documents or legal proceedings, including immigration matters. Notary Journal - ANSWER- 1) A notary may keep, maintain, and protect as a public record, and provide for lawful inspection a chronological, permanently bound official journal of notarial acts, containing numbered pages. 2)A remote notary shall keep a secure electronic journal of each remote notarization the notary performs Entries in journal -required information- - ANSWER- record the following information in the journal at the time of notarization: a)the date and time of day of the notarial act b)the type of notarial act; c0the type title, or a description of the document, electronic record, or proceeding that is the subject of the notarial act d)the signature and printed name and address of each individual for whom a notarial act is performed; e)the evidence of identity of each individual for whom a ntarial act is performed, in the form of: -a statement that the person is personally known to the notary; -A description of the identification document and the identification document's 'issuing agency, serial or identification number, and date of issuance or expiration; -the signature and printed name and address of a credible witness searing of affirming to the person's identity; or - if used for a remote notarization, a description of the dynamic knowledge-based authentication of biometric data analysis that was used to provide satisfactory evidence of identity; and -the fee if any, the notary charged for the notarial act. 2)A notary may record in the journal a description of the circumstances under which the notary refused to perform or complete a notarial act 3) A remote notary shall include with the journal a copy of the electronic recording of the remote notarization. The electronic recording is not a public record and is not a part of the notary's journal 4) A remote notary shall maintain, or ensure that a person that the notary designates as a custodian maintains, for a period of five years, for each remote notarizations the notary performs. Official signature -Official seal -destruction of seal -unlawful use of seal -Criminal penalties - ANSWER- 1)a notary shall sign on the notarial certificate exactly and only the name indicate on the notary's commission 2)each official seal used foa an in-person notarization shall be rendered in purple ink. Each official seal used for a remote notarization shall be rendered in black 9) when a notary resigns or the commissions expires or is revoked, the notary shall: -destroy the notary's official seal and certificate; and if the notary is a RN, destroy any coding, disk, certificate, card, software, of password that enables the remote notary to affix the remote notary's electronic signature or electric seal to a notarial certificate -A former remote notary shall certify to the lieutenant governor in writing that the former RN has complied with subsection 9aii within 10 days after the day on which the notary resigns or the notary's commission is expires or is revoked. 10) A person eho without authorization, knowingly obtains, conceal, damages, or destroys the certificate disk, coding, card, program, software, or hardware enabling a RN to affix an official electronic signature or electronics seal to an electronic record is guilty of a class b misdemeanor a RN shall immediately notify the lieutenant governor if the notary becomes aware that the notary's electronic signature, electronic seal, electronic journal, of information from the journal has been lost, stole, of used unlawfully. The Jurat, Acknowledgment, and Signature Witnessing all require what? - ANSWERPersonal appearance and proof of identity Acknowledgment - 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 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. 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. Valid Identification - ANSWER- Passport, ID from Government with the following 3 items: photograph, signature, physical description. Not Valid - ANSWER- Driver's privilege card, birth certificate, marriage license, social security card, any other document which does NOT meet the criteria for Valid Identification. A notary can refuse a document solely for its content. - ANSWER- FALSE Can a will be notarized? - ANSWER- Yes Should a notary leave the notary seal and certificate with the employer upon termination of employment? - ANSWER- NO. When you leave employment, your commission remains in effect until expiration, cancellation, or resignation. What is considered materially incomplete? - ANSWER- Leaving out notarial language, failing to name the signer, leaving out where and when the notarization took place. A notarial commission is not effective until - ANSWER- -the notary takes a constitutional oath of office and files a $5,000 bond w/the lieutenant governor -the oath and bond are approved by the lieutenant governor A notary may perform the following act: - ANSWER- -a jurat -an acknowledgment -a signature witnessing -a copy certification -an oath or affirmation A notary may NOT: - ANSWER- -perform an act as a notary that is not described in subsection (1) -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 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: - ANSWER- "Do you swear or affirm under penalty of perjury that the statements in your document are true?" How long should a notary keep their journal once they are no longer a notary? -