QUESTIONS WITH SOLUTIONS GRADED A+
✔✔The lieutenant governor may deny an application based on: - ✔✔(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 - ✔✔four years, unless the person
resigns or the commission is revoked or suspended under Section 46-1-19.
✔✔After commission expires: - ✔✔(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: - ✔✔(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: - ✔✔(a) a jurat;
(b) an acknowledgment;
(c) a signature witnessing;
(d) a copy certification; and
(e) an oath or affirmation.
✔✔A notary may not: - ✔✔(a) perform an act as a notary that is not described in
Subsection (1); or
(b) perform an act described in Subsection (1) if the person for whom the notary
performs the notarial act is not in the physical presence of the notary at the time the
notary performs the act.
✔✔Jurat - ✔✔(a) 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:
"Do you swear or affirm under penalty of perjury that the statements in your document
are true?"
,(b) An affidavit for a jurat that is in substantially the following form is sufficient under
Subsection (1):
"State of Utah
§
County of ____________
Subscribed and sworn to before me (notary public name), on this (date) day of (month),
in the year (year), by (name of document signer).
(Notary Seal) ____________________________________
Notary Signature".
✔✔Acknowledgment - ✔✔An affidavit for an acknowledgment that is in substantially the
following form is sufficient under Subsection (1):
"State of Utah
§
County of ____________
On this (date) day of (month), in the year (year), before me (name of notary public), a
notary public, personally appeared (name of document signer), proved on the basis of
satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to in this
document, and acknowledged (he/she/they) executed the same.
(Notary Seal) ____________________________________
Notary Signature".
✔✔Copy Certificate - ✔✔An affidavit for a copy certification that is in substantially the
following form is sufficient under Subsection (1):
"State of Utah
§
County of ____________
On this (date) day of (month), in the year (year), I certify that the preceding or attached
document is a true, exact, and unaltered photocopy of (description of document), and
that, to the best of my knowledge, the photocopied document is neither a public record
nor a publicly recorded document.
(Notary Seal) ____________________________________
Notary Signature".
✔✔Signature Witnessing - ✔✔An affidavit for a signature witnessing that is in
substantially the following form is sufficient under Subsection (1):
"State of Utah
§
County of ____________
On this (date) day of (month), in the year (year), before me, (name of notary public),
personally appeared (name of document signer), proved to me through satisfactory
evidence of identification, which was (form of identification), to be the person whose
name is signed on the preceding or attached document in my presence.
(Notary Seal) ____________________________________
Notary Signature".
, ✔✔A notary may not perform a notarial act if the notary: - ✔✔(1) is a signer of the
document that is to be notarized except in case of a self-proved will as provided in
Section 75-2-504;
(2) is named in the document that is to be notarized except in the case of a:
(a) self-proved will as provided in Section 75-2-504;
(b) licensed attorney that is listed in the document only as representing a signer or
another person named in the document; or
(c) licensed escrow agent, as defined in Section 31A-1-301, that:
(i) acts as the title insurance producer in signing closing documents; and
(ii) is not named individually in the closing documents as a grantor, grantee, mortgagor,
mortgagee, trustor, trustee, vendor, vendee, lessor, lessee, buyer, or seller;
(3) will receive direct compensation from a transaction connected with a financial
transaction in which the notary is named individually as a principal; or
(4) will receive direct compensation from a real property transaction in which the notary
is named individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee,
beneficiary, vendor, vendee, lessor, lessee, buyer, or seller.
✔✔Impartiality - ✔✔(1) A notary may not influence a person to enter into or to refuse to
enter into a lawful transaction involving a notarial act by the notary.
(2) A notary shall perform notarial acts in lawful transactions for any requesting person
who tenders the appropriate fee specified in Section 46-1-12.
✔✔A notary may not: (False or incomplete certificate) - ✔✔(1) execute a certificate
containing a statement known by the notary to be false or materially incomplete; or
(2) perform any notarial act with intent to deceive or defraud.
✔✔Testimonials - ✔✔A notary may not endorse or promote any product, service,
contest, or other offering if the notary's title or seal is used in the endorsement or
promotional statement.
✔✔Advertising - ✔✔(1) A nonattorney notary may not provide advice or counsel to
another person concerning legal documents or legal proceedings, including immigration
matters.
(2)
(a)
(i) A nonattorney notary who advertises notarial services in any language other than
English shall include in the advertisement a notice that the notary public is not an
attorney.
(ii) The notice under Subsection (2)(a)(i) must include the fees that a notary may charge
pursuant to Section 46-1-12 and the following 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 by Subsection (2)(a) shall be in English and in the language of
the advertisement and in letters of a conspicuous size.