Notary Test
5 Steps to completing a correct notarization of a signature - ANS-1- Ask for ID: Valid ID -
state or authorities issued or, individually recognized to you
2- Have them swear or affirm the following: (Jurat Only) "Do you swear or verify that the
contents of this file are actual and accurate under penalty of perjury?"
3- Has the record already been signed? If no longer, have them signal. - If the signer has
previously signed the report, use Acknowledgment language. If the signer requires you to
witness the signature use a Jurat or a Signature Witnessing.
4- Add or Attach Notarial Language: Jurat (Person will signal underneath oath in front of
notary), Acknowledgment (Person may additionally have already signed the file and does no
longer require to be located under oath), Signature Witnessing (Person will sign record in the
front of notary and does now not require to be positioned beneath oath).
5- Stamp the document and sign your call: ensure the stamp is legible and does no longer
cover any language on the file. Sign your call because it appears on your Notarial
Commission.
A notarial commission isn't effective until: - ANS-(1) the notary named in the fee takes a
constitutional oath of workplace and files a $five,000 bond with the lieutenant governor that:
(a) an authorized surety executes for a term of 4 years starting at the commission's powerful
date and ending on the fee's expiration date; and
(b) conditions payment of bond finances to any person upon the notary's misconduct whilst
performing inside the scope of the notary's fee; and
(2) the oath and bond are authorized by way of the lieutenant governor.
A notary might not perform a notarial act if the notary: - ANS-(1) is a signer of the record that
is to be notarized besides in case of a self-proved will as provided in Section seventy
five-2-504;
(2) is called inside the report that is to be notarized except inside the case of a:
(a) self-proved will as supplied in Section seventy five-2-504;
(b) certified lawyer this is indexed in the document only as representing a signer or every
other character named in the record; or
(c) certified escrow agent, as defined in Section 31A-1-301, that:
(i) acts as the title insurance producer in signing closing files; and
(ii) isn't always named in my view in the ultimate files as a grantor, grantee, mortgagor,
mortgagee, trustor, trustee, seller, vendee, lessor, lessee, client, or supplier;
(3) will acquire direct repayment from a transaction linked with a monetary transaction
wherein the notary is called in my view as a fundamental; or
(4) will acquire direct repayment from a actual belongings transaction wherein the notary is
named individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary,
vendor, vendee, lessor, lessee, buyer, or dealer.
A notary won't: - ANS-(a) perform an act as a notary that isn't always described in
Subsection (1); or
,(b) carry out an act defined in Subsection (1) if the character for whom the notary performs
the notarial act is not within the bodily presence of the notary at the time the notary performs
the act.
A notary might not: (False or incomplete certificate) - ANS-(1) execute a certificate
containing a announcement regarded with the aid of the notary to be fake or materially
incomplete; or
(2) perform any notarial act with reason to lie to or defraud.
A notary may additionally carry out the following acts: - ANS-(a) a jurat;
(b) an acknowledgment;
(c) a signature witnessing;
(d) a copy certification; and
(e) an oath or confirmation.
Acknowledgment - ANS-An affidavit for an acknowledgment that is in significantly the
following shape is sufficient below Subsection (1):
"State of Utah
§
County of ____________
On this (date) day of (month), within the year (12 months), earlier than me (name of notary
public), a notary public, in my view appeared (name of record signer), proved on the idea of
exceptional evidence to be the character(s) whose call(s) (is/are) subscribed to on this
report, and acknowledged (he/she/they) done the equal.
(Notary Seal) ____________________________________
Notary Signature".
Adopting rules contrary to UCA forty six-1-8: - ANS-According to regulation, a notary might
not refuse to
input right into a lawful transaction concerning a notarial act. Do not adopt guidelines to
refuse
transactions except there may be a felony motive to accomplish that. To "select and select"
who's served based on non-public possibilities or prejudices isn't legally justified.
Some employers have expressed subject over this regulation. It is true, employers regularly
deliver
the weight in finding a stability that complies with the law and, on the same time, lets in
for reasonable limits to protect the notary's time and liability. Regardless, all policies
must be cautiously created whilst maintaining in mind the notary's principal reason: to serve
the
public—now not just the corporation.
Reasonable limits may additionally and should be in area to save you abuse from
participants of the
public who could call for on the spot provider irrespective of the notary's workload and
availability.
Reference: 46-1-three . . .The lieutenant governor shall commission as a notary any qualified
person . . .
, Reference: forty six-1-8 A notary won't . . . Refuse to enter into a lawful transaction involving
a
notarial act by the notary.
Advertising - ANS-(1) A nonattorney notary may not provide recommendation or recommend
to some other individual concerning felony documents or prison court cases, including
immigration subjects.
(2)
(a)
(i) A nonattorney notary who advertises notarial services in any language aside from English
shall include within the advertisement a be aware that the notary public is not an lawyer.
(ii) The be aware below Subsection (2)(a)(i) need to include the expenses that a notary may
additionally charge pursuant to Section 46-1-12 and the subsequent statement:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY NOT
GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR
ACCEPT FEES FOR LEGAL ADVICE."
(b)
(i) The notice required with the aid of Subsection (2)(a) will be in English and inside the
language of the commercial and in letters of a conspicuous size.
(ii) If the commercial is by radio or tv, the declaration may be changed, but must include
appreciably the identical message.
(c)
(i) Literal translation of the word "Notary Public" into any language other than English is
prohibited if the literal translation means that the notary is an authorized attorney.
(ii) In this Subsection (2)(c), "literal translation" manner the translation of a phrase or phrase
with out regard to the authentic that means of the word or phrase inside the language that is
being translated.
After commission expires: - ANS-(i) After an character's fee expires, the character may not
carry out a notarial act until the man or woman obtains a brand new commission.
(ii) An individual whose fee expires and who desires to acquire a new fee shall submit a new
software, displaying compliance with the requirements of this phase.
An person whom the lieutenant governor commissions as a notary may additionally perform
notarial acts in any part of the state for a time period of - ANS-four years, until the character
resigns or the commission is revoked or suspended under Section forty six-1-19.
Change of name or deal with - ANS-(1) Within 30 days after the day on which a notary
modifications the notary's call, the notary shall offer to the lieutenant governor:
(a) the notary's new call, such as official documentation of the call alternate; and
(b) a bond policy rider that a notary obtains in accordance with Subsection (2).
(2) To attain a bond coverage rider, the notary shall:
(a) notify the surety for the notary's bond;
(b) acquire a bond policy rider reflecting both the vintage and new name of the notary;
(c) go back the bond coverage rider;
(d) break the unique fee; and
(e) break the old reliable seal.
5 Steps to completing a correct notarization of a signature - ANS-1- Ask for ID: Valid ID -
state or authorities issued or, individually recognized to you
2- Have them swear or affirm the following: (Jurat Only) "Do you swear or verify that the
contents of this file are actual and accurate under penalty of perjury?"
3- Has the record already been signed? If no longer, have them signal. - If the signer has
previously signed the report, use Acknowledgment language. If the signer requires you to
witness the signature use a Jurat or a Signature Witnessing.
4- Add or Attach Notarial Language: Jurat (Person will signal underneath oath in front of
notary), Acknowledgment (Person may additionally have already signed the file and does no
longer require to be located under oath), Signature Witnessing (Person will sign record in the
front of notary and does now not require to be positioned beneath oath).
5- Stamp the document and sign your call: ensure the stamp is legible and does no longer
cover any language on the file. Sign your call because it appears on your Notarial
Commission.
A notarial commission isn't effective until: - ANS-(1) the notary named in the fee takes a
constitutional oath of workplace and files a $five,000 bond with the lieutenant governor that:
(a) an authorized surety executes for a term of 4 years starting at the commission's powerful
date and ending on the fee's expiration date; and
(b) conditions payment of bond finances to any person upon the notary's misconduct whilst
performing inside the scope of the notary's fee; and
(2) the oath and bond are authorized by way of the lieutenant governor.
A notary might not perform a notarial act if the notary: - ANS-(1) is a signer of the record that
is to be notarized besides in case of a self-proved will as provided in Section seventy
five-2-504;
(2) is called inside the report that is to be notarized except inside the case of a:
(a) self-proved will as supplied in Section seventy five-2-504;
(b) certified lawyer this is indexed in the document only as representing a signer or every
other character named in the record; or
(c) certified escrow agent, as defined in Section 31A-1-301, that:
(i) acts as the title insurance producer in signing closing files; and
(ii) isn't always named in my view in the ultimate files as a grantor, grantee, mortgagor,
mortgagee, trustor, trustee, seller, vendee, lessor, lessee, client, or supplier;
(3) will acquire direct repayment from a transaction linked with a monetary transaction
wherein the notary is called in my view as a fundamental; or
(4) will acquire direct repayment from a actual belongings transaction wherein the notary is
named individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary,
vendor, vendee, lessor, lessee, buyer, or dealer.
A notary won't: - ANS-(a) perform an act as a notary that isn't always described in
Subsection (1); or
,(b) carry out an act defined in Subsection (1) if the character for whom the notary performs
the notarial act is not within the bodily presence of the notary at the time the notary performs
the act.
A notary might not: (False or incomplete certificate) - ANS-(1) execute a certificate
containing a announcement regarded with the aid of the notary to be fake or materially
incomplete; or
(2) perform any notarial act with reason to lie to or defraud.
A notary may additionally carry out the following acts: - ANS-(a) a jurat;
(b) an acknowledgment;
(c) a signature witnessing;
(d) a copy certification; and
(e) an oath or confirmation.
Acknowledgment - ANS-An affidavit for an acknowledgment that is in significantly the
following shape is sufficient below Subsection (1):
"State of Utah
§
County of ____________
On this (date) day of (month), within the year (12 months), earlier than me (name of notary
public), a notary public, in my view appeared (name of record signer), proved on the idea of
exceptional evidence to be the character(s) whose call(s) (is/are) subscribed to on this
report, and acknowledged (he/she/they) done the equal.
(Notary Seal) ____________________________________
Notary Signature".
Adopting rules contrary to UCA forty six-1-8: - ANS-According to regulation, a notary might
not refuse to
input right into a lawful transaction concerning a notarial act. Do not adopt guidelines to
refuse
transactions except there may be a felony motive to accomplish that. To "select and select"
who's served based on non-public possibilities or prejudices isn't legally justified.
Some employers have expressed subject over this regulation. It is true, employers regularly
deliver
the weight in finding a stability that complies with the law and, on the same time, lets in
for reasonable limits to protect the notary's time and liability. Regardless, all policies
must be cautiously created whilst maintaining in mind the notary's principal reason: to serve
the
public—now not just the corporation.
Reasonable limits may additionally and should be in area to save you abuse from
participants of the
public who could call for on the spot provider irrespective of the notary's workload and
availability.
Reference: 46-1-three . . .The lieutenant governor shall commission as a notary any qualified
person . . .
, Reference: forty six-1-8 A notary won't . . . Refuse to enter into a lawful transaction involving
a
notarial act by the notary.
Advertising - ANS-(1) A nonattorney notary may not provide recommendation or recommend
to some other individual concerning felony documents or prison court cases, including
immigration subjects.
(2)
(a)
(i) A nonattorney notary who advertises notarial services in any language aside from English
shall include within the advertisement a be aware that the notary public is not an lawyer.
(ii) The be aware below Subsection (2)(a)(i) need to include the expenses that a notary may
additionally charge pursuant to Section 46-1-12 and the subsequent statement:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY NOT
GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR
ACCEPT FEES FOR LEGAL ADVICE."
(b)
(i) The notice required with the aid of Subsection (2)(a) will be in English and inside the
language of the commercial and in letters of a conspicuous size.
(ii) If the commercial is by radio or tv, the declaration may be changed, but must include
appreciably the identical message.
(c)
(i) Literal translation of the word "Notary Public" into any language other than English is
prohibited if the literal translation means that the notary is an authorized attorney.
(ii) In this Subsection (2)(c), "literal translation" manner the translation of a phrase or phrase
with out regard to the authentic that means of the word or phrase inside the language that is
being translated.
After commission expires: - ANS-(i) After an character's fee expires, the character may not
carry out a notarial act until the man or woman obtains a brand new commission.
(ii) An individual whose fee expires and who desires to acquire a new fee shall submit a new
software, displaying compliance with the requirements of this phase.
An person whom the lieutenant governor commissions as a notary may additionally perform
notarial acts in any part of the state for a time period of - ANS-four years, until the character
resigns or the commission is revoked or suspended under Section forty six-1-19.
Change of name or deal with - ANS-(1) Within 30 days after the day on which a notary
modifications the notary's call, the notary shall offer to the lieutenant governor:
(a) the notary's new call, such as official documentation of the call alternate; and
(b) a bond policy rider that a notary obtains in accordance with Subsection (2).
(2) To attain a bond coverage rider, the notary shall:
(a) notify the surety for the notary's bond;
(b) acquire a bond policy rider reflecting both the vintage and new name of the notary;
(c) go back the bond coverage rider;
(d) break the unique fee; and
(e) break the old reliable seal.
