Section 203 – Attribution and effect of electronic record and electronic signature.
46-4-203. Attribution and effect of electronic record and electronic signature. (1) (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. (b) The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to […]
Section 204 – Effect of change or error.
46-4-204. Effect of change or error. (1) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (a) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the […]
Section 205 – Notarization and acknowledgment.
Effective 5/9/2017 46-4-205. Notarization and acknowledgment. (1) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied by following the procedures and requirements of Subsection 46-1-16(8). (2) The electronic signature of the person authorized to perform the acts under Subsection (1), and all other […]
Section 301 – Retention of electronic records — Originals.
46-4-301. Retention of electronic records — Originals. (1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: (a) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic […]
Section 302 – Admissibility in evidence.
46-4-302. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form. Enacted by Chapter 74, 2000 General Session
Section 22 – Notice not invalidated.
46-1-22. Notice not invalidated. If a notarial act is performed contrary to or in violation of this chapter, that fact does not of itself invalidate notice to third parties of the contents of the document notarized. Enacted by Chapter 287, 1998 General Session
Section 7 – Disqualifications.
Effective 8/31/2020 46-1-7. Disqualifications. A notary may not perform a notarial act if the notary: (1) is a signer of the document that is to be notarized, except for: (a) a self-proved will as provided in Section 75-2-504; or (b) a self-proved electronic will as provided in Section 75-2-1408; (2) is named in the document […]
Section 23 – Dedication of fees.
46-1-23. Dedication of fees. The lieutenant governor shall deposit all money collected under this chapter into the General Fund as a dedicated credit to be used by the lieutenant governor to administer this chapter. Amended by Chapter 391, 2010 General Session
Section 8 – Impartiality.
46-1-8. 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. Repealed and Re-enacted […]
Section 9 – False or incomplete certificate.
46-1-9. False or incomplete certificate. A notary may not: (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. Repealed and Re-enacted by Chapter 287, 1998 General Session