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.