Effective 8/31/2020
46-1-7. Disqualifications.
A notary may not perform a notarial act if the notary:
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 that is to be notarized except for:
- (a) a self-proved will as provided in Section 75-2-504;
- (b) a self-proved electronic will as provided in Section 75-2-1408;
- (c) a licensed attorney that is listed in the document only as representing a signer or another person named in the document; or
- (d) a licensed escrow agent, as defined in Section 31A-1-301, that:
- (i) acts as the title insurance producer in signing closing documents; and
- (ii) is not named individually in the closing documents as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, vendor, vendee, lessor, lessee, buyer, or seller;
- (3) will receive direct compensation from a transaction connected with a financial transaction in which the notary is named individually as a principal; or
- (4) will receive direct compensation from a real property transaction in which the notary is named individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, vendee, lessor, lessee, buyer, or seller.
Amended by Chapter 1, 2020 Special Session 6