Section 12 – Fees and notice.
Effective 11/1/2019 46-1-12. Fees and notice. (1) (a) Except as provided in Subsection (1)(b), the maximum fees a notary may charge for notarial acts are: (i) for an acknowledgment, $10 per signature; (ii) for a certified copy, $10 per page certified; (iii) for a jurat, $10 per signature; (iv) for an oath or affirmation without […]
Section 13 – Notary journal.
Effective 11/1/2019 46-1-13. Notary journal. (1) A notary may keep, maintain, and protect as a public record, and provide for lawful inspection a chronological, permanently bound official journal of notarial acts, containing numbered pages. (2) A remote notary shall keep a secure electronic journal of each remote notarization the notary performs. Amended by Chapter 192, […]
Section 14 – Entries in journal — Required information.
Effective 11/1/2019 46-1-14. Entries in journal — Required information. (1) A notary may, for each notarial act the notary performs, and a remote notary shall, for each notarial act the remote notary performs remotely, record the following information in the journal described in Section 46-1-13 at the time of notarization: (a) the date and time […]
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 3.7 – Rulemaking authority for remote notarization.
Effective 11/1/2019 46-1-3.7. Rulemaking authority for remote notarization. (1) The director of elections in the Office of the Lieutenant Governor may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding standards for and types of: (a) electronic software and hardware that a remote notary may use to: (i) perform a […]
Section 4 – Bond.
Effective 11/1/2019 46-1-4. Bond. (1) A notarial commission is not effective until: (a) the notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor that: (i) a licensed surety executes for a term of four years beginning on the commission’s effective date and ending on […]
Section 6 – Powers and limitations.
Effective 11/1/2019 46-1-6. Powers and limitations. (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) […]