Section 15 – Inspection of journal — Safekeeping and custody of journal.
Effective 11/1/2019 46-1-15. Inspection of journal — Safekeeping and custody of journal. (1) Except as provided in Subsection (2)(b), if a notary maintains a journal, the notary shall: (a) keep the journal in the notary’s exclusive custody; and (b) ensure that the journal is not used by any other person for any purpose. (2) (a) […]
Section 16 – Official signature — Official seal — Destruction of seal — Unlawful use of seal — Criminal penalties.
Effective 11/1/2019 46-1-16. Official signature — Official seal — Destruction of seal — Unlawful use of seal — Criminal penalties. (1) In completing a notarial act, a notary shall sign on the notarial certificate exactly and only the name indicated on the notary’s commission. (2) (a) Except as provided in Subsection (2)(d), a notary shall […]
Section 17 – Obtaining official seal.
Effective 11/1/2019 46-1-17. Obtaining official seal. (1) A person may not provide an official seal to an individual claiming to be a notary, unless the individual presents a copy of the individual’s notarial commission, attached to a notarized declaration substantially as follows: Application for Notary’s Official Seal I, __________________ (name of individual requesting seal), declare […]
Section 18 – Liability.
Effective 11/1/2019 46-1-18. Liability. (1) A notary may be liable to any person for any damage to that person proximately caused by the notary’s misconduct in performing a notarization. (2) (a) A surety for a notary’s bond may be liable to any person for damages proximately caused to that person by the notary’s misconduct in […]
Section 19 – Revocation or suspension.
46-1-19. Revocation or suspension. The lieutenant governor may revoke or suspend a notarial commission on any ground for which an application for a notarial commission may be denied under Section 46-1-3. Amended by Chapter 136, 2003 General Session
Section 20 – Change of name or address — Bond policy rider.
Effective 5/9/2017 46-1-20. Change of name or address — Bond policy rider. (1) Within 30 days after the day on which a notary changes the notary’s name, the notary shall provide to the lieutenant governor: (a) the notary’s new name, including official documentation of the name change; and (b) a bond policy rider that a […]
Section 21 – Resignation.
Effective 5/5/2021 46-1-21. Resignation. (1) A notary who resigns a notarial commission shall provide to the lieutenant governor a notice indicating the effective date of resignation. (2) A notary who ceases to reside in this state, who ceases to be employed in the state, or who becomes unable to read and write as provided in […]
Section 6.5 – Form of notarial certificate for document notarizations.
Effective 11/1/2019 46-1-6.5. Form of notarial certificate for document notarizations. (1) A correctly completed affidavit in substantially the form described in this section, that is included in or attached to a document, is sufficient for the completion of a notarization under this Title 46, Chapter 1, Notaries Public Reform Act. (2) (a) A notary shall […]
Section 3 – Qualifications — Application for notarial commission required — Term.
Effective 7/1/2021 46-1-3. Qualifications — Application for notarial commission required — Term. (1) Except as provided in Subsection (4), and subject to Section 46-1-3.5, the lieutenant governor shall commission as a notary any qualified individual who submits an application in accordance with this chapter. (2) To qualify for a notarial commission an individual shall: (a) […]
Section 3.5 – Remote notary qualifications — Application — Authority.
Effective 11/1/2019 46-1-3.5. Remote notary qualifications — Application — Authority. (1) An individual commissioned as a notary, or an individual applying to be commissioned as a notary, under Section 46-1-3 may apply to the lieutenant governor for a remote notary certification under this section. (2) The lieutenant governor shall certify an individual to perform remote […]