25 questions from the Utah Notary Public Study Guide and Handbook. Pick an answer to see the rule behind it.
1. What is the requirement for using an embossed seal impression in addition to the photographically reproducible seal?
Answer: It may be used in addition to, but not in place of, the required photographically reproducible seal. The rule clarifies that the embossed seal is supplementary and cannot substitute for the required reproducible seal.
Utah Notary Public Study Guide and Handbook, page 40: “A notary may use an embossed seal impression that is not photographically reproducible in addition to, but not in place of, the photographically reproducible official seal required in this section.”
2. Which of the following actions is prohibited for a non-attorney notary when advertising their services in a language other than English?
Answer: Providing advice or counsel concerning legal documents or immigration matters. Section 46-1-11 subsection 1 states that non-attorney notaries cannot provide legal advice or counsel, including on immigration matters, regardless of the language used in advertising.
Utah Notary Public Study Guide and Handbook, page 34: “a non-attorney notary may not provide advice or counsel to another person concerning legal documents or legal proceedings, including immigration matters.”
3. According to Section 46-1-8, what is a notary prohibited from doing regarding a person's decision to enter into a lawful transaction?
Answer: Influencing a person to enter into or refuse to enter into the transaction. The statute mandates impartiality, prohibiting the notary from influencing the signer's decision to participate in the transaction.
Utah Notary Public Study Guide and Handbook, page 34: “A notary may not influence a person to enter into or to refuse to enter into a lawful transaction involving a notarial act by the notary.”
4. What is the maximum amount an employer may require a notary to charge per signature notarized?
Answer: $10 per signature. The handbook states that an employer may not require a fee of more than $10 per signature notarized.
Utah Notary Public Study Guide and Handbook, page 8: “Employer MAY NOT • may not determine when the notary is available to serve the public AFTER work hours • may not establish policy that the notary’s service is restricted to the workplace • may not “pick and choose” which documents or customers will be served when the notary is serving the general public (unless the transaction is unlawful) • may not require more than $10 per signature notarized”
5. According to Utah Code Section 46-1-21, under which specific circumstance is a notary required to resign their commission?
Answer: When the notary ceases to reside in the state. The statute lists ceasing to reside in the state as a mandatory trigger for resignation.
Utah Notary Public Study Guide and Handbook, page 42: “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 section 46-1-3 shall resign the commission”
6. In the context of an Attorney-in-Fact Acknowledgment, how must the attorney-in-fact sign the document according to the note provided?
Answer: Sign the signer’s name AND their own name as 'attorney-in-fact.'. The note specifies that the attorney-in-fact must sign both the signer's name and their own name with the title 'attorney-in-fact'.
Utah Notary Public Study Guide and Handbook, page 19: “NOTE: The Attorney-in-Fact would sign the signer’s name on the document AND must also sign his/her name as “attorney-in-fact.””
7. Under what specific condition is an employer liable for damages caused by their notary public's misconduct?
Answer: The employer is liable only if the notary was acting within the scope of employment and the employer knew of, consented to, or permitted the misconduct. Employer liability requires both that the notary acted within their employment scope and that the employer had knowledge of or consented to the misconduct.
Utah Notary Public Study Guide and Handbook, page 42: “An employer of a notary public is also liable for damages proximately caused by the notary's misconduct in performing a notarization if: i. The notary public was acting within the course and scope of the notary public's employment; and ii. The employer had knowledge of, consented to, or permitted the misconduct.”
8. What is the maximum limit on a surety's liability for damages caused by a notary's misconduct, regardless of the number of claimants?
Answer: The penalty of the bond. The law caps the surety's financial responsibility at the bond's penalty amount, preventing liability from exceeding this fixed sum even with multiple claims.
Utah Notary Public Study Guide and Handbook, page 42: “Regardless of the number of claimants under subsection (2)(a), a surety's total liability may not exceed the penalty of the bond.”
9. Under Section 46-1-9, what condition must be met regarding the content of a notarial certificate?
Answer: It must contain a statement known by the notary to be true and complete. The rule prohibits executing certificates with statements known to be false or materially incomplete, implying the certificate must be accurate and complete.
Utah Notary Public Study Guide and Handbook, page 34: “Execute a certificate containing a statement known by the notary to be false or materially incomplete”
10. Under what specific condition is a notary required to obtain a new official seal?
Answer: When the notary changes their name of record during their commission. The statute lists changing the name of record during the commission period as a specific trigger for obtaining a new seal.
Utah Notary Public Study Guide and Handbook, page 39: “If the notary changes the notary's name of record at any time during the notary's commission.”
11. What information regarding the applicant's history must be included in the application submitted to the lieutenant governor?
Answer: All issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission or other professional license. The handbook lists specific items that must be included in the application, specifically detailing the history of professional licenses and commissions.
Utah Notary Public Study Guide and Handbook, page 28: “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;”
12. What color ink must be used for an official seal applied during an in-person notarization?
Answer: Purple ink. The statute specifies purple ink for seals used in physical, in-person notarizations.
Utah Notary Public Study Guide and Handbook, page 39: “Each official seal used for an in-person notarization shall be in purple ink.”
13. Under what specific circumstance does a notary's commission cease immediately upon the termination of employment?
Answer: When the notary is a State employee with a Risk Management Bond issued before May 9, 2017. The handbook specifies that only State employees with a Risk Management Bond issued before May 9, 2017, have their commission cancelled immediately upon ceasing employment.
Utah Notary Public Study Guide and Handbook, page 10: “EXCEPTION: For State employees with a Risk Management Bond issued before May 9, 2017, when the State employee ceases employment, the coverage and commission are cancelled immediately.”
14. According to the handbook, which of the following is NOT listed as a permissible notarial act under UCA 46-1-6?
Answer: Certifying a true copy of a driver's license. The handbook lists Copy Certifications as a permitted act, but 'Certifying a true copy of a driver's license' is a specific application not listed in the general categories provided in the reference section, whereas the other options are named categories.
Utah Notary Public Study Guide and Handbook, page 6: “Reference: 46-1-6. Powers and limitations. The following notarial acts may be performed by a notary within the state: (1) Jurats (2) Acknowledgements (3) Signature Witnessing (5) Copy Certifications (4) Oaths or Affirmations.”
15. What action must an individual take if their notarial commission expires and they wish to continue performing notarial acts?
Answer: They must submit a new application showing compliance with the section's requirements. The handbook mandates that after expiration, the individual must submit a completely new application rather than simply renewing or extending the old one.
Utah Notary Public Study Guide and Handbook, page 29: “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.”
16. What specific notice must a non-attorney notary include in advertisements written in a language other than English?
Answer: A statement that the notary is not an attorney licensed to practice law in Utah. The law requires non-attorney notaries advertising in non-English languages to include a specific disclaimer stating they are not attorneys and cannot give legal advice.
Utah Notary Public Study Guide and Handbook, page 34: “The notice under subsection (2)(a)(i) must include the fees that a notary may charge pursuant to section 46-1-12 and the following statement: "I am not an attorney licensed to practice law in Utah and may not give legal advice about immigration or any other legal matter or accept fees for legal advice."”
17. Which of the following is a valid reason for the lieutenant governor to deny a notarial application?
Answer: The applicant's conviction for a crime involving dishonesty or moral turpitude. The handbook lists conviction for a crime involving dishonesty or moral turpitude as a specific ground for denial, while other options are not mentioned as requirements or grounds for denial.
Utah Notary Public Study Guide and Handbook, page 28: “The lieutenant governor may deny an application based on: a. The applicant's conviction for a crime involving dishonesty or moral turpitude;”
18. What is the maximum fee limit for notarial acts related to changing an individual's immigration status?
Answer: $10 per individual for each set of forms. The law caps the fee for immigration status change forms at $10 per individual for each set of forms, regardless of whether the notary is acting in a professional capacity.
Utah Notary Public Study Guide and Handbook, page 35: “a. A notary may not charge a fee of more than $10 per individual for each set of forms relating to a change of that individual's immigration status.”
19. What is the residency requirement for a notary holding a commission in Utah?
Answer: The notary must maintain permanent residency or employment in the state during the term of the commission. The rule requires the notary to either live or work permanently within the state for the duration of their commission.
Utah Notary Public Study Guide and Handbook, page 29: “A notary shall maintain permanent residency or employment in the state during the term of the notary's notarial commission.”
20. Under Section 46-1-7, Subsection (2)(b), in which capacity may a licensed attorney be named in a document without disqualifying the notary from performing the act?
Answer: Only as representing a signer or another person named in the document. The exception allows a licensed attorney to be named if they are listed solely in the capacity of representing a signer or another named person.
Utah Notary Public Study Guide and Handbook, page 14: “licensed attorney that is listed in the document only as representing a signer or another person named in the document;”
21. What specific statement must be included in the notarial certificate when a remote notary performs a notarization?
Answer: A statement that the remote notary performed the notarization remotely. Section 46-1-7 subsection 6 requires remote notaries to include a specific statement in the certificate indicating the notarization was performed remotely.
Utah Notary Public Study Guide and Handbook, page 33: “includes a statement that the remote notary performed the notarization remotely.”
22. Why is it important for a notary to include the specific name of the appearing signer in the certificate?
Answer: To prevent confusion and fraud where a different name might be added later. Naming the signer prevents fraudsters from altering the certificate to attribute the signature to a different person.
Utah Notary Public Study Guide and Handbook, page 7: “Many fraud cases show that the “defrauder” was able to add a different name in the Jurat or Acknowledgment simply because the notary failed to include the correct name in the first place.”
23. Which requirement applies to all three main notarial acts (Jurat, Acknowledgment, and Signature Witnessing) according to the handbook?
Answer: Personal appearance and proof of identity are required. The handbook states directly that Jurat, Acknowledgment, and Signature Witnessing all require personal appearance and proof of identity.
Utah Notary Public Study Guide and Handbook, page 6: “All 3 require personal appearance, and proof of identity.”
24. Who has the authority to make rules regarding standards for electronic software and hardware used in remote notarizations?
Answer: The Director of Elections in the office of the lieutenant governor. The handbook specifically assigns the rulemaking authority for remote notarization standards to the director of elections in the office of the lieutenant governor.
Utah Notary Public Study Guide and Handbook, page 30: “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:”
25. Who has the authority to revoke or suspend a notarial commission based on grounds for denial of application?
Answer: The Lieutenant Governor. The handbook assigns the power to revoke or suspend commissions to the Lieutenant Governor.
Utah Notary Public Study Guide and Handbook, page 42: “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.”