Section 202 – Provision of information in writing — Presentation of records.
46-4-202. Provision of information in writing — Presentation of records. (1) (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case […]
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 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 […]