Utah Notary Test QUESTIONS AND CORRECT ANSWERS AND RATIONALES

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 company What employer can do with a Notary: - ANSWER- 1. may determine when the notary is available to serve the public during work hours 2. May establish policy that the notary will only notarize company documents during work hours 3. May allow the notary to serve the public at determined times during work hours 4.May require a $10 fee for clients or non-clients What an employer can't do with a Notary: - ANSWER- 1. May not determine when the notary is available to serve the public after work hours 2. May not establish policy that the notary's service is restricted to the workplace 3. May not "pick and choose" which documents or customers will be served the notary is serving the general public (unless the transaction is unlawful) 4. May not require more than $10 per signature notarized 7. Valid forms of identification for notarization - ANSWER- 1. Passport from any nation 2. I.D from Government (US, any state within US or foreign) with the 3 following items - photograph -signature physical description Not Valid forms of identification for notarization - ANSWER- 1. Driver's Privilege Card 2. Birth Certificate 3. Marriage License 4. Social Security Card 5. Any other document which does NOT meet the criteria for Valid ID