Effective 11/1/2019 46-1-10. Testimonials prohibited. A notary may not use the notary’s title or official seal to endorse or promote any product, service, contest, or other offering. Amended by Chapter 192, 2019 General Session
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 […]
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 […]
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, […]
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 […]
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) […]
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 […]
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 […]
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 […]
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
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 […]
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 […]
46-1-22. Notice not invalidated. If a notarial act is performed contrary to or in violation of this chapter, that fact does not of itself invalidate notice to third parties of the contents of the document notarized. Enacted by Chapter 287, 1998 General Session
46-1-23. Dedication of fees. The lieutenant governor shall deposit all money collected under this chapter into the General Fund as a dedicated credit to be used by the lieutenant governor to administer this chapter. Amended by Chapter 391, 2010 General Session
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) […]
Effective 11/1/2019 46-1-3.5. Remote notary qualifications — Application — Authority. (1) An individual commissioned as a notary, or an individual applying to be commissioned as a notary, under Section 46-1-3 may apply to the lieutenant governor for a remote notary certification under this section. (2) The lieutenant governor shall certify an individual to perform remote […]
Effective 11/1/2019 46-1-3.6. Remote notarization procedures. (1) A remote notary who receives a remote notary certification under Section 46-1-3.5 may perform a remote notarization if the remote notary is physically located in this state. (2) A remote notary that performs a remote notarization for an individual that is not personally known to the remote notary […]
Effective 11/1/2019 46-1-3.7. Rulemaking authority for remote notarization. (1) The director of elections in the Office of the Lieutenant Governor may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding standards for and types of: (a) electronic software and hardware that a remote notary may use to: (i) perform a […]
Effective 11/1/2019 46-1-4. Bond. (1) A notarial commission is not effective until: (a) the notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor that: (i) a licensed surety executes for a term of four years beginning on the commission’s effective date and ending on […]
Effective 11/1/2019 46-1-6. Powers and limitations. (1) A notary may perform the following acts: (a) a jurat; (b) an acknowledgment; (c) a signature witnessing; (d) a copy certification; and (e) an oath or affirmation. (2) A notary may not: (a) perform an act as a notary that is not described in Subsection (1); or (b) […]
