Section 11 – Prohibited acts — Advertising.
46-1-11. Prohibited acts — Advertising. (1) A nonattorney notary may not provide advice or counsel to another person concerning legal documents or legal proceedings, including immigration matters. (2) (a) (i) A nonattorney notary who advertises notarial services in any language other than English shall include in the advertisement a notice that the notary public is […]
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 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 […]