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Examen

Utah Notary Exam 2022 QUESTIONS AND CORRECT DETAILED ANSWERS (100% VERIFIED ANSWERS) |AGRADE

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Utah Notary Exam 2022 QUESTIONS AND CORRECT DETAILED ANSWERS (100% VERIFIED ANSWERS) |AGRADE John Doe is requesting his document to be notarized using Jurat language. After establishing his identity, what is the next step before witnessing John Doe sign the document - ANSWER- Place John Doe under oath/affirmation by stating: "Do you swear or affirm under penalty of perjury that the statements in your document are true?" Which of the following is an example of a materially COMPLETE certificate? - ANSWER- Acknowledgement with the proper language as indicated by UCA 46-1-6.5, date, signer's name, venue, and notary signature An employer is away for the office. The employer calls by phone to ask the employee who is also a notary to notarize the documents on his desk. He claims he signed the documents earlier. The notary should - ANSWER- Refuse service and wait until they are in the physical presence of the employer to witness the signature and perform the notarization. All notarizations must include a notarial certificate. Which of the following best describes a copy certification? - ANSWER- A notarial act in which a notary certifies that a photocopy is an accurate copy of the document that is neither a public record nor publicly recorded. A notary public may NOT copy certify a - ANSWER- Publicly recorded document, such as a birth certificate If a notary is asked to make a certified copy of a marriage license, the notary shall - ANSWER- Politely decline, and state the reason for refusing to complete the notarization is that a notary cannot copy certify any public record. If a notary is presented a document that is in a foreign language, what should the notary do? - ANSWER- Notarize the document so long as the notary can communicate with the signer and the notarization is in a language that the notary can understand. A notary may not execute a certificate containing a statement known by the notary to be false or materially incomplete. What is the criminal penalty for violating any provision in the notary statue as describes in 46-1-18? - ANSWER- A class B misdemeanor Satisfactory evidence of identity does NOT need to include which of the following: - ANSWER- mailing address Although not a requirement, a notary should keep a notary journal as valuable proof of each notarization performed. Why is this important? - ANSWER- All of these answers are true, and answering this question helped to better understand the importance of keeping a notary journal 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 the penalty of perjury that the statements in your document are true?" Which statement describes the differences between the Acknowledgement and Jurat? - ANSWER- A Jurat certifies a voluntary signature was made under oath or affirmation in the notary's presence, whereas Acknowledgement certifies a signer has admitted in the notary's presence to voluntarily signing. Which of the following items is not listed in the law to be recorded in a notary journal? - ANSWER- Physical description of the individual. The following must be included as part of the notarial seal impression (stamp) - ANSWER- Notary's name, commission number and expiration date True of False: John Doe, the signer of a document, appears before a notary to have his signature notarized. The notary is presented with the following acknowledgement. "personally appeared___________, who proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument." In order to avoid unduly practicing law, the notary should not put a name in the blank and leave it empty. - ANSWER- False, put in John Doe's name. True or False: If it is very clear to a notary what type of notarial act is associated with a document, the notary can stamp and sign the document without including notarial language. - ANSWER- False, a notary can never stamp and sign a document without including the notarial language True or False: A notary may refuse to perform a lawful notarization solely bases on the documents content. - ANSWER- False Which of the following is satisfactory evidence of identity? - ANSWER- A driver's license issued by the State of Utah with a photograph, signature, and physical description. The color of ink for all notary stamps is required to be? - ANSWER- Purple According to UCA 46-1-2(19), which of the following is considered valid identification? - ANSWER- All three of these are considered valid forms of identification True or False: While electronic signatures can be notarized by a notary, personal appearance of the signer is always required at the same time the notarization takes place. - ANSWER- True If a notary leaves employment what should the notary do with their seal? - ANSWERKeep it. The commission remains in effect until expiration, cancellation, or resignation. Which of the following best describes a Jurat? - ANSWER- A notarial act in which a notary certifies that a signer made, in the notary's presence, a voluntary signature and took an oath or affirmation. Which of the following best describes an Acknowledgement? - ANSWER- A notarial act in which a notary certifies that a signer has admitted, in the notary's presence, to voluntarily signing a document. True or False: A notary commissioned in the State of Utah may legally complete notarizations outside the state. - ANSWER- False What is the definition of a "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/ In order to complete a Signature Witnessing, the notary must make sure these 3 elements are completed (Hint: make sure you know the difference between a Signature Witnessing and a Jurat): - ANSWER- 1. Appears in person before a notary and presents a document; 2. Provides the notary satisfactory evidence of the individuals identity, or is personally known to the notary; and 3. Signs the document in the presence of the notary. In completing the notarial act, a notary shall sign on the notarial certificate - ANSWERexactly and only the name indicated on the notary's commission. What type of notarial acts or notarizations is a notary allowed to perform according to UCA 46-1-6 - ANSWER- Acknowledgements, Copy Certifications, Jurats, Signature Witnessing, and Oath or Affirmations Which of the following documents can a notary perform a copy certification on? - ANSWER- None of the above. A notary cannot perform a copy certification on a document that is publicly recorded or public record. What is the definition of "Official misconduct" as described in Notary UCA 46-1-2? - ANSWER- Means 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. The notary's commission is valid for ________ years. - ANSWER- 4 What is the purpose of the $5,000 notary bond? - ANSWER- to protect the public What are the next steps you must take after taking, passing and paying for this test to be commissioned as a Utah notary public? (Hint: Visit the "Process and Qualifications tab on ) - ANSWER- 1. Submit the mandatory background check; 2. Obtain a $5,000 notarial bond and get a notarized oath of office; 3. Upload all required documents to your notary account. A notary must file a bond in the amount of ________ with the Office of the Lieutenant Governor - ANSWER- 5,000 If a document lacks the proper certification language of the notarial act (jurat or acknowledgement), what must you do before proceeding to notarize for a signer? - ANSWER- ask the signer to select which act (Jurat, Signature Witnessing, or Acknowledgment) is most appropriate and then apply the language to the document. If Utah notary law changed during a notary's commission, whose responsibility is it to stay informed of these changes? - ANSWER- All commissioned Utah notaries public.g According to UCA 46-1-7, which of the following describes a disqualifiation? - ANSWER- The notary is a signer of or named in the document exempt in the case of a self-proved will. A customer requested notary service, but the document is in another language unknow to the notary. The customer meets all legal requirements for notarization, communicates well in English, presents proper i.d., and pays the $5 fee. According to UCA 46-1-8 a notary is required to - ANSWER- Notarize the document so long as the notary can communicate with the signer and the notarial language is in a language the notary can understand. To obtain a notary stamp, an individual must present the stamp-maker with - ANSWERA copy of the notarial commission certificate Keeping a journal is - ANSWER- Optional An applicant who wishes to reapply as a notary once their commission expires, shall take and pass the notary test and then submit to the office of the Lieutenant Governor their - ANSWER- A new application, $5,000 notarial bond, and Oath of Office. Which of the following is NOT required for a notarization to be complete? - ANSWER- A notary's date of birth As a notary, if you cause damages to any person as a result of official misconduct in a notarial act, you may be liable for ______? (Hint: This is the most commonly missed question Please review 46-1-18(1).) - ANSWER- Any damages The notary may only perform notarial acts in - ANSWER- the State of Utah UCA 46-1-9 prohibits a notary from executing a certificate which is materially incomplete. Which of the following could be an example of a materially incomplete certificate? - ANSWER- The notary fails to add the names of the appearing signers in the acknowledgement. A non-attorney notary who advertises notarial services in any language other than English shall include in the advertisement a notice that the notary public... - ANSWERis not an attorney A notary may NOT perform a notarial act if: - ANSWER- All of the above are reasons a notary may not perform a notarial transaction. A notary may refuse documents solely for their content. - ANSWER- False If a notary lives just across the boarder in another state, but works and performs notarial acts in the State of Utah, this person may become a notary - ANSWER- False The notary need to resign when - ANSWER- the notary has moved out of the State of Utah If John Doe, the signer of a document, appears before a notary to have his signature notarized, which name should the notary place in the black in the following acknowledgement? ...Personally appeared__________, who proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument..... - ANSWER- John Doe When notarizing a signature, which of the following circumstances allows a notary to simply stamp and sign without ensuring a proper certificate (Jurat/Acknowledgement) appears on the document? - ANSWER- NEVER Satisfactory evidence of identity may include a state-issued i.d. card which muset include a photograph, signature, and - ANSWER- physical description If a notary keeps a journal, it is to be kept as a valuable public record - ANSWER- True Which statement describes differences between the Acknowledgement and Jurat? (Hint: if you are not sure, you may read the definitions now or refer to your study guide) - ANSWER- Jurat certifies a voluntary signature was made in the notary's presence, whereas Acknowledgement certifies a signer has admitted the notary's presence to voluntary signing. Which is a requirement to become a notary in the State of Utah? - ANSWER- You must lawfully reside in Utah for 30 days Except in the case of a self-proved will, a notary may NOT perform a notarial act if the - ANSWER- notary is named in the document and is not licensed attorney representing a signer A bond policy rider is obtained through - ANSWER- the surety company who holds the bond According to UCA 46-1-8, a notary may refuse service for any reason-even for lawful transactions? - ANSWER- FALSE To obtain a seal, you must present to the vendor - ANSWER- a photo copy of the person's notarial commission, attached to a notarized declaration An applicant for recommissioning as a notary shall submit to the office of the Lieutenant Governor - ANSWER- New application and bond A notary who moves to another state must - ANSWER- Resign their notary For a change of name, a notary must submit all of the following execpt - ANSWERCertification from the Social Security Offfice Which of the following is considered valid identification? - ANSWER- State issued i.d. with a signature and photograph and physical description When changing your name on your commission, you have up to 90 days to n

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