NOTARY TEST QUESTIONS AND ANSWERS
Definition: Acknowledgment - 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 admitted, in the presence of the notary, to voluntarily signing
a document for the document's stated purpose.
Definition: Commission - Answer -(a) to empower to perform notarial acts; or
(b) the written document that gives authority to perform notarial acts, including the
Certificate of Authority of Notary Public that the lieutenant governor issues to a notary.
Definition: Copy certification - Answer -a notarial act in which a notary certifies that a
photocopy is an accurate copy of a document that is neither a public record nor publicly
recorded.
Definition: Electronic signature - Answer -an electronic sound, symbol, or process
attached to or logically associated with a record and executed or adopted by a person
with the intent to sign the record.
Definition: Jurat - Answer -a notarial act in which a notary certifies:
(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer's identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
and
(c) that the signer voluntarily signs the document in the presence of the notary.
Definition: "Notarial act" or "notarization" - Answer -an act that a notary is authorized to
perform under Section 46-1-6:
(1) 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.
(2) 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.
Definition: Notarial certificate - Answer -the affidavit described in Section 46-1-6.5 that
is:
(a) a part of or attached to a notarized document; and
(b) completed by the notary and bears the notary's signature and seal.
,Definition: Notary - Answer -any person commissioned to perform notarial acts under
this chapter
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.
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.
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.
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.
(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.
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.
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.
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.
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.
Definition: Acknowledgment - 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 admitted, in the presence of the notary, to voluntarily signing
a document for the document's stated purpose.
Definition: Commission - Answer -(a) to empower to perform notarial acts; or
(b) the written document that gives authority to perform notarial acts, including the
Certificate of Authority of Notary Public that the lieutenant governor issues to a notary.
Definition: Copy certification - Answer -a notarial act in which a notary certifies that a
photocopy is an accurate copy of a document that is neither a public record nor publicly
recorded.
Definition: Electronic signature - Answer -an electronic sound, symbol, or process
attached to or logically associated with a record and executed or adopted by a person
with the intent to sign the record.
Definition: Jurat - Answer -a notarial act in which a notary certifies:
(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer's identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
and
(c) that the signer voluntarily signs the document in the presence of the notary.
Definition: "Notarial act" or "notarization" - Answer -an act that a notary is authorized to
perform under Section 46-1-6:
(1) 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.
(2) 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.
Definition: Notarial certificate - Answer -the affidavit described in Section 46-1-6.5 that
is:
(a) a part of or attached to a notarized document; and
(b) completed by the notary and bears the notary's signature and seal.
,Definition: Notary - Answer -any person commissioned to perform notarial acts under
this chapter
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.
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.
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.
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.
(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.
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.
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.
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.
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.
