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1. Definition: Notary - ANSWER any person commissioned to perform
notarial acts under this chapter
2. Definition: "Oath" or "affirmation" - ANSWER 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.
3. Definition: Official misconduct - ANSWER a notary's performance of any
act prohibited or failure to perform any act mandated by this chapter or by
any other law in connection with a notarial act.
4. Definition: Personally known - ANSWER familiarity with an individual
resulting from interactions with that individual over a period of time
sufficient to eliminate every reasonable doubt that the individual has the
identity claimed.
5. Definition: Satisfactory Evidence of identity - ANSWER (a) "Satisfactory
evidence of identity" means identification of an individual based on:
, (i) valid personal identification with the individual's photograph,
signature, and physical description that the United States
government, any state within the United States, or a foreign
government issues;
(ii) a valid passport that any nation issues; or
(iii) the oath or affirmation of a credible person who is personally
known to the notary and who personally knows the individual.
6. (b) "Satisfactory evidence of identity" does not include:
(i) a driving privilege card under Subsection 53-3-207(10); or
(ii) another document that is not considered valid for identification.
7. Definition: Signature witnessing - ANSWER 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 known to the notary; and
(c) signs the document in the presence of the notary.
8. To qualify for a notarial commission an individual shall: - ANSWER (a) be at
least 18 years old;
(b) lawfully reside in the state for at least 30 days immediately before the
individual applies for a notarial commission;
(c) be able to read, write, and understand English;
(d) submit an application to the lieutenant governor containing no significant
misstatement or omission of fact, that includes:
(i) the individual's:
(A) name as it will appear on the commission;
(B) residential address;
,(C) business address;
(D) daytime telephone number; and
(E) date of birth;
(ii) an affirmation that the individual meets the requirements of this section;
(iii) an indication of any criminal convictions the individual has received, including
a plea of admission or no contest;
(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations
of a notarial commission or other professional license involving the applicant in
this or any other state;
(v) an indication that the individual has passed the examination described in
Subsection (5); and
(vi) payment of an application fee that the lieutenant governor establishes in
accordance with Section 63J-1-504; and
(e)
(i) be a United States citizen; or
(ii) have permanent resident status under Section 245 of the Immigration and
Nationality Act.
9. The lieutenant governor may deny an application based on: - ANSWER (a)
the applicant's conviction for a crime involving dishonesty or moral turpitude;
(b) any revocation, suspension, or restriction of a notarial commission or
professional license issued to the applicant by this or any other state;
(c) the applicant's official misconduct while acting in the capacity of a notary; or
(d) the applicant's failure to pass the examination described in Subsection (5).
, An individual whom the lieutenant governor commissions as a notary may
perform notarial acts in any part of the state for a term of - ANSWER four
years, unless the person resigns or the commission is revoked or suspended under
Section 46-1-19.
10. After commission expires: - ANSWER (i) After an individual's commission
expires, the individual may not perform a notarial act until the individual obtains a
new commission.
(ii) An individual whose commission expires and who wishes to obtain a new
commission shall submit a new application, showing compliance with the
requirements of this section.
A notarial commission is not effective until: - ANSWER (1) the notary named
in the commission takes a constitutional oath of office and files a $5,000 bond
with the lieutenant governor that:
(a) a licensed surety executes for a term of four years beginning on the
commission's effective date and ending on the commission's expiration date; and
(b) conditions payment of bond funds to any person upon the notary's misconduct
while acting in the scope of the notary's commission; and
(2) the oath and bond are approved by the lieutenant governor.
A notary may perform the following acts: - ANSWER (a) a jurat;
(b) an acknowledgment;
(c) a signature witnessing;
(d) a copy certification; and
(e) an oath or affirmation.