Section 3 - Qualifications - Application for notarial commission required - Term. - US Lawyer Database

Effective 7/1/2021
46-1-3. Qualifications — Application for notarial commission required — Term.

(1) Except as provided in Subsection (4), and subject to Section 46-1-3.5, the lieutenant governor shall commission as a notary any qualified individual who submits an application in accordance with this chapter.

(2) To qualify for a notarial commission an individual shall:
- (a) be at least 18 years old;
- (b) lawfully reside in the state or be employed in the state for at least 30 days immediately before the individual applies for a notarial commission;
- (c) be able to read, write, and understand English;
- (d) submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes:
  - (i) the individual’s:
    - (A) name as it will appear on the commission;
    - (B) residential address;
    - (C) business address;
    - (D) daytime telephone number; and
    - (E) date of birth;
  - (ii) an affirmation that the individual meets the requirements of this section;
  - (iii) an indication of any criminal convictions the individual has received, including a plea of admission or no contest;
  - (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission or other professional license involving the applicant in this or any other state;
  - (v) an indication that the individual has passed the examination described in Subsection (6); and
  - (vi) payment of an application fee that the lieutenant governor establishes in accordance with Section 63J-1-504;
- (e)
  - (i) be a United States citizen; or
  - (ii) have permanent resident status under Section 245 of the Immigration and Nationality Act; and
- (f) submit to a background check described in Subsection (3).

(3)
- (a) The lieutenant governor shall:
  - (i) request the Division of Human Resource Management to perform a criminal background check under Subsection 53-10-108(16) on each individual who submits an application under this section;
  - (ii) require an individual who submits an application under this section to provide a signed waiver on a form provided by the lieutenant governor that complies with Subsection 53-10-108(4); and
  - (iii) provide the Division of Human Resource Management the personal identifying information of each individual who submits an application under this section.
- (b) The Division of Human Resource Management shall:
  - (i) perform a criminal background check under Subsection 53-10-108(16) on each individual described in Subsection (3)(a)(i); and
  - (ii) provide to the lieutenant governor all information that pertains to the individual described in Subsection (3)(a)(i) that the department identifies or receives as a result of the background check.

(4) The lieutenant governor may deny an application based on:
- (a) the applicant’s conviction for a crime involving dishonesty or moral turpitude;
- (b) any revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant by this or any other state;
- (c) the applicant’s official misconduct while acting in the capacity of a notary; or
- (d) the applicant’s failure to pass the examination described in Subsection (6).

(5)
- (a) An individual whom the lieutenant governor commissions as a notary:
  - (i) may perform notarial acts in any part of the state for a term of four years, unless the individual resigns or the commission is revoked or suspended under Section 46-1-19; and
  - (ii) except through a remote notarization performed in accordance with this chapter, may not perform a notarial act for another individual who is outside of the state.
- (b)
  - (i) After an individual’s commission expires, the individual may not perform a notarial act until the individual obtains a new commission.
  - (ii) An individual whose commission expires and who wishes to obtain a new commission shall submit a new application, showing compliance with the requirements of this section.

(6)
- (a) Each applicant for a notarial commission shall take an examination that the lieutenant governor approves and submit the examination to a testing center that the lieutenant governor designates for purposes of scoring the examination.
- (b) The testing center that the lieutenant governor designates shall issue a written acknowledgment to the applicant indicating whether the applicant passed or failed the examination.

(7)
- (a) A notary shall maintain permanent residency or employment in the state during the term of the notary’s notarial commission.
- (b) A notary who does not maintain permanent residency or employment under Subsection (7)(a) shall resign the notary’s notarial commission in accordance with Section 46-1-21.

Amended by Chapter 167, 2021 General Session
Amended by Chapter 344, 2021 General Session