Utah Notary PublicStudy Guide and HandbookOffice of the Lieutenant Governor350 N State Street, Suite 220Salt Lake City, UT 84114(801) [email protected]

Table of Contents Becoming a notary . .Page 2oQualifications .Page 2o How to use Page 2oTaking the test .Page 3 Top ten mistakes made by notaries . .Page 4 New laws 2017 and what they mean to the notary . Page 10 Examples of Notarial Certificates . .Page 15oAcknowledgment .Page 16oAttorney-in-fact-acknowledgment .Page 17oCopy Certification .Page 18oCredible Witness Acknowledgment . .Page 19oJurat Page 20o Signature Witnessing .Page 21oCorporate Acknowledgment . .Page 22 Utah Code Annotated § Title 46 Chapter 1 Notaries Public Amendments .Page 23 5 Steps To Completing a Correct Notarization of a Signature .Page 331

Becoming a NotaryQualifications: be at least 18 years oldMust lawfully reside in the State of Utah for at least 30 days prior to applyingMust be able to read, write and understand EnglishMust be a US citizen, or have permanent resident status under Section 245 of theImmigration and Nationality Act5. Have not been Revoked or Suspended as a notary without expressed permission fromthe Office of the Lieutenant Governor6. Must list any criminal convictions to be reviewed by the Office of the LieutenantGovernor7. Pass test8. Pay 45 Administration fee and 30 Test fee (after taking test)9. Obtain Notary Bond10. Submit the Application, Bond and Oath of Office to the Office of the LieutenantGovernorHow to use to become a notary:1. Create an account2. Create a username and password3. Enter your email, name, phone numbera. Keep in mind the name you use when creating your account will be as itappears on your commission and stamp4. Confirm email address5. Add middle name (optional) and date of birth6. Enter your home address, mailing address (if different than home address), andbusiness name and address.a. The business address will be made public on notary search.7. Enter phone numbersa. “Work Phone” will be made public on notary search. If thereis no work phone, your home or cell phone will default to public search.8. Answer Qualification questionsa. If any of the “qualifications” listed above are not answered in accordance withUCA Title 46 Chapter 1, you will not be permitted to proceed with onlineapplication.9. Review your application. If everything is correct you will then proceed with taking2

the test.Taking the Test:There are 35 questions of which 10 are worth 4 points and 25 are worth 1 point making atotal of 65 points possible. You must pass with 61 points or higher in order to apply for yournotary commission.If you do not pass the test, you have 30 days from the date you first took the test to take itagain for 30, after 30 days you will be required to pay the Administrative fee and testing feeof 75.3

Top Ten Mistakes of Notaries Public:Preparation for 4-point FUNDAMENTAL questions1. Leaving out the notarial language2. Confusing the notarial acts3. Misinterpreting electronic signature/notarization4. Failing to require Personal Appearance5. Failing to name the appearing signer6. Adopting policies contrary to UCA 46-1-87. Failing to require proper I.D.8. Refusing documents solely for their content9. Leaving the notary seal and certificate with the employer upon termination of employment10. Executing “materially incomplete” certificates1. Leaving out the notarial language: Never just stamp and sign. Make sure the properlanguage, with all necessary material information, is included in the written description ofthe notarial act (also called a “notarial certificate”).UCA 46-1-6 lists only five options of notarial acts—three of which deal with notarizing asignature. The definitions of Acknowledgment, Jurat and Signature Witnessing in 46-1-2describe the information to which the notary is required to certify. None of the actslisted in this section of code (46-1-6) are defined as “signature and seal alone.”To Review: When notarizing a signature, ALWAYS use some variation of one of thetwo acts below (also found at of UtahCounty of Salt LakeState of UtahCounty of Salt LakeOn this 1st day of July, in the year 2010, before me,(notary name), a notary public, personally appeared, JohnDoe (signer name) , proved on the basis of satisfactoryevidence to be the person(s) whose name is subscribed tothis instrument, and acknowledged he executed the same.Subscribed and sworn to before me on this 1st day of July,2010 by John Doe (signer name).Witness my hand and official seal.Notary Name Signature4

Notary Name SignatureReference: 46-1-6. Powers and limitations. The following notarial acts may be performed by anotary within the state:(1) Jurats(2) Acknowledgements(3) Signature Witnessing(5) Copy Certifications(4) Oaths or Affirmations.Reference: 46-1-9 False or incomplete certificate. A notary may not execute a certificatecontaining a statement known by the notary to be false or materially incomplete. 46-1-16 OfficialSeal. A notary may not use a notarial seal independent of a notarial certificate.2. Confusing the notarial acts: Please see the subtle differences between the Jurat,Acknowledgment and Signature Witnessing. Jurat certifies that a voluntary signaturewas made in the notary’s presence under an oath or affirmation, Acknowledgmentcertifies that a signer has admitted in the notary’s presence to voluntarily signing adocument, and Signature Witnessing certifies that a voluntary signature was made in thenotary’s presence. All 3 require personal appearance, and proof of identity.Reference: 46-1-2(1) “Acknowledgment” means a notarial act in which a notary certifies that asigner, whose identity is personally known to the notary or proven on the basis of satisfactoryevidence, has admitted, in the presence of the notary, to voluntarily signing a document for thedocument's stated purpose.Reference: 46-1-2(5) “Jurat” means a notarial act in which a notary certifies that a signer,whose identity is personally known to the notary or proven on the basis of satisfactory evidence,has made, in the notary's presence, a voluntary signature and taken an oath or affirmationvouching for the truthfulness of the signed document.Reference: 46-1-2(13) “Signature Witnessing” means a notarial act in which an individual:appears in person before a notary and presents a document; provides the notary satisfactoryevidence of the individual’s identity or is personally known to the notary; and signs thedocument in the presence of the notary.3. Misinterpreting electronic signature/notarization: Notarization of an electronic signatureIS VERY RARE and still requires personal appearance. It is a certification of a voluntarysignature just the same as any other signature. Notarization of an electronic signaturedoes NOT mean by phone, fax, email or video conference. For electronic notarization,the signer is in the presence of the notary using a computer instead of pen and paper.The rule of personal appearance is not affected by the definition of “Electronic5

Signature.”Reference: 46-4-102(8): "Electronic signature" means an electronic sound, symbol, or processattached to or logically associated with a record and executed or adopted by a person with theintent to sign the record.4. Failing to require Personal Appearance: The signer must always appear before the notary.Title 46 does not allow for variation on this matter. Many fraud cases begin with storiesof why the signer cannot personally appear: “He is too ill to come into the office;” “Thesigner is my grandmother and she asked me to get this notarized;” “You’ve been myfriend for years—you know I wouldn’t lie to you.” As convincing as these statementscan be, none of them justify notarizing the signature without the signer personallypresent.Reference: 46-1-2 (Definitions of Acknowledgment, Jurat and Signature Witnessing)5. Failing to name the appearing signer: If John Doe appears before you, you must certifyJohn Doe appeared before you (it seems simple enough, but many notaries actually forgetto name the signer). When more than one signature appears on the document, omittingthis material information often leads to confusion. Many fraud cases show that the“defrauder” was able to add a different name in the Jurat or Acknowledgment simplybecause the notary failed to include the correct name in the first place.CorrectIncorrectState of UtahCounty of Salt LakeState of UtahCounty of Salt LakeSubscribed and sworn to before me on this 1st day of July,2010 by John Doe.Subscribed and sworn to before me on this 1st day of July,2010 byNotary Name SignatureNotary Name SignatureReference: 46-1-9 False or incomplete certificate. A notary may not execute a certificatecontaining a statement known by the notary to be false or materially incomplete. (underlineadded)6. Adopting policies contrary to UCA 46-1-8: According to law, a notary may not refuse toenter into a lawful transaction involving a notarial act. Do not adopt policies to refusetransactions unless there is a legal reason to do so. To “pick and choose” who is served6

based on personal preferences or prejudices is not legally justified.Some employers have expressed concern over this law. It is true, employers often carrythe burden in finding a balance that complies with the law and, at the same time, allowsfor reasonable limits to protect the notary’s time and liability. Regardless, all policiesshould be carefully created while keeping in mind the notary’s main purpose: to serve thepublic—not just the company.Reasonable limits may and should be in place to prevent abuse from members of thepublic who would demand immediate service regardless of the notary’s workload andavailability.The following table may help employers and notaries understand their roles when servingthe public:Employer MAY may determine when the notary is available toserve the public DURING work hours may establish policy that the notary will onlynotarize company documents DURING workhours may allow the notary to serve the public atdetermined times DURING work hours may require a 5 fee for clients or non-clientsEmployer MAY NOT may not determine when the notary isavailable to serve the public AFTER workhours may not establish policy that the notary’sservice is restricted to the workplace may not “pick and choose” which documentsor customers will be served when the notaryis serving the general public (unless thetransaction is unlawful) may not require more than 5 per signaturenotarizedReference: 46-1-3 . . .the lieutenant governor shall commission as a notary any qualifiedperson . . .Reference: 46-1-8 A notary may not . . . refuse to enter into a lawful transaction involving anotarial act by the notary.7. Failing to require proper I.D.:Valid Identification Passport (from this or any nation) I.D. from Government (U.S., any state withinthe U.S., or Foreign) with the following 3items:1.Photograph2.Signature3.Physical Description Not ValidDriver’s Privilege CardBirth CertificateMarriage LicenseSocial Security Cardany other document which does NOTmeet the criteria for Valid Identification7

Reference: 46-1-2(12)(a) Satisfactory evidence of identity" means identification of an individual based on:(i) validpersonal identification with the individual's photograph, signature, and physical descriptionissued by the United States government, any state within the United States, or a foreigngovernment;(ii) a valid passport issued by any nation; or (iii) the oath or affirmation of acredible person who is personally known to the notary and who personally knows the individual.(b) "Satisfactory evidence of identity" does not include: (i) a driving privilege card underSubsection 53-3-207(10); or (ii) another document that is not considered valid for identification.8. Refusing documents solely for their content: Again, according to 46-1-8, regardless of thetype of document, you may NOT refuse to enter into “a lawful transaction involving anotarial act . . .”Many have asked “can I notarize a will”? The answer should be “yes,” unless there issome other reason as found in title 46 that would categorize the transaction as unlawful.Company policies cannot “override” the law that requires service on lawful transactions.What about documents in another language? You should not be reading the documentanyway—even if it is in English. However, you must communicate sufficiently with thesigner to ensure the signer signed voluntarily.Reference: 46-1-8 A notary may not . . . refuse to enter into a lawful transaction involving anotarial act by the notary.Reference: 46-1-14 For every notarial act, the notary may record the following information inthe journal . . . a description of the document or proceeding.9. Leaving the notary seal and certificate with the employer upon termination ofemployment: Point 6 has already indirectly addressed this mistake. A notary iscommissioned by the Lieutenant Governor—not the employer. When you leaveemployment, your commission remains in effect until expiration, cancellation, orresignation.EXCEPTION: For State employees with a Risk Management Bond issued before May 9,2017, when the State employee ceases employment, the coverage and commission arecancelled immediately. (See below for more information)Employer MAY may pay for the notary’s bond may pay for the notary’s sealEmployer MAY NOT may not cancel the bond even if thenotary ceases employment may not confiscate the seal when thenotary ceases employment8

Reference:46-1-16(2)(a) A notary shall keep an official notarial seal that is the exclusiveproperty of the notary and that may not be used by any o