Section 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 of day of the notarial act;
  • (b) the type of notarial act;
  • (c) the type title, or a description of the document, electronic record, or proceeding that is the subject of the notarial act;
  • (d) the signature and printed name and address of each individual for whom a notarial act is performed;
  • (e) the evidence of identity of each individual for whom a notarial act is performed, in the form of:
    • (i) a statement that the person is personally known to the notary;
    • (ii) a description of the identification document and the identification document’s issuing agency, serial or identification number, and date of issuance or expiration;
    • (iii) the signature and printed name and address of a credible witness swearing or affirming to the person’s identity; or
    • (iv) if used for a remote notarization, a description of the dynamic knowledge-based authentication or biometric data analysis that was used to provide satisfactory evidence of identity under Subsection 46-1-2(19)(a)(ii); and
  • (f) the fee, if any, the notary charged for the notarial act.

• (2) A notary may record in the journal a description of the circumstances under which the notary refused to perform or complete a notarial act.

• (3)
  • (a) A remote notary shall include with the journal a copy of the electronic recording of the remote notarization.
  • (b) The electronic recording is not a public record and is not a part of the notary’s journal.

• (4) A remote notary shall maintain, or ensure that a person that the notary designates as a custodian under Subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the information described in Subsections (1) and (3) for each remote notarization the notary performs.

Amended by Chapter 192, 2019 General Session