25 questions from the Utah Notary Public Study Guide and Handbook. Pick an answer to see the rule behind it.
1. What is the required format for the official journal of notarial acts for a standard notary?
Answer: Chronological, permanently bound, numbered pages. The statute specifies that the official journal must be chronological, permanently bound, and contain numbered pages, distinct from the electronic requirements for remote notaries.
Utah Notary Public Study Guide and Handbook, page 36: “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. What does the phrase "materially incomplete" refer to in the context of executing notarial certificates?
Answer: Leaving out the notarial language and failing to name the signer. The handbook defines materially incomplete certificates by citing specific examples such as omitting notarial language or failing to name the signer.
Utah Notary Public Study Guide and Handbook, page 10: “leaving out the notarial language and failing to name the signer are examples of materially incomplete certificates.”
3. Under what condition is a notary permitted to explain closing documents and be named in the documents they notarize?
Answer: If the notary is a licensed escrow agent in good standing with the Utah Insurance Department. The handbook specifies that only licensed escrow agents in good standing may explain documents and be named, distinguishing them from general notary signing agents.
Utah Notary Public Study Guide and Handbook, page 14: “If the notary is a licensed escrow agent in good standing with the Utah Insurance Department, the notary is now able to explain closing documents and be named in the documents that will be notarized.”
4. Which of the following is required information for a remote notary to record in their journal for each remote notarization?
Answer: The signature and printed name and address of each individual for whom a notarial act is performed. The journal entry requirements specifically mandate recording the signer's signature, printed name, and address.
Utah Notary Public Study Guide and Handbook, page 36: “The signature and printed name and address of each individual for whom a notarial act is performed;”
5. What constitutes an 'Official Seal' according to the definitions provided?
Answer: The seal described in section 46-1-16 that a notary may attach to a notarial certificate. The handbook defines the official seal specifically as the seal described in section 46-1-16 which is attached to the certificate, distinguishing it from general stamps or signatures.
Utah Notary Public Study Guide and Handbook, page 26: “"Official Seal" means a. The seal described in section 46-1-16 that a notary may attach to a notarial certificate to complete a notarization.”
6. Under Utah law Section 46-1-4, what is the minimum bond amount a notary must file with the lieutenant governor for their commission to become effective?
Answer: $5,000. The statute states that the bond amount required for the commission to be effective is $5,000.
Utah Notary Public Study Guide and Handbook, page 31: “The notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor”
7. Who is permitted to create, obtain, or possess an electronic seal under the handbook?
Answer: Only a certified remote notary, or a business providing the seal solely to such a notary. The handbook restricts possession of electronic seals to remote notaries, with a specific exception for businesses providing them to certified remote notaries.
Utah Notary Public Study Guide and Handbook, page 41: “Except as provided in subsection (2)(b), an individual may not create, obtain, or possess an electronic seal unless the individual is a remote notary.”
8. What is the residency or employment requirement for an individual applying for a notarial commission?
Answer: Lawfully reside in the state or be employed in the state for at least 30 days immediately before applying. The law requires either lawful residence or employment in the state for a minimum of 30 days immediately preceding the application.
Utah Notary Public Study Guide and Handbook, page 27: “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;”
9. Where must the lieutenant governor deposit money collected under the notary public chapter?
Answer: Into the general fund as a dedicated credit. Section 46-1-23 specifies that collected money goes into the general fund as a dedicated credit for administering the chapter.
Utah Notary Public Study Guide and Handbook, page 43: “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.”
10. Who has the authority to establish and charge the application fee for obtaining remote notary certification?
Answer: The lieutenant governor. The handbook specifies that the lieutenant governor is the official authorized to set and charge the fee for remote notary certification.
Utah Notary Public Study Guide and Handbook, page 29: “The lieutenant governor may establish and charge a fee in accordance with section 63j1-504 to an individual who seeks to obtain remote notary certification under this section.”
11. Under Utah law, what specific action must a notary take regarding their official seal and certificate upon resigning their commission?
Answer: Destroy them in accordance with subsection 46-1-16(9). The statute mandates the destruction of the seal and certificate upon resignation, rather than returning, keeping, or transferring them.
Utah Notary Public Study Guide and Handbook, page 42: “A notary who resigns shall destroy the official seal and certificate in accordance with subsection 46-1-16(9).”
12. Under Section 46-1-7, Subsection (3), when is a notary prohibited from performing a notarial act due to compensation?
Answer: When the notary will receive direct compensation from a transaction connected with a financial transaction in which the notary is named individually as a principal. The law specifically disqualifies a notary if they receive direct compensation from a financial transaction where they are named individually as a principal.
Utah Notary Public Study Guide and Handbook, page 14: “will receive direct compensation from a transaction connected with a financial transaction in which the notary is named individually as a principal;”
13. When completing a notarial act, how must a notary sign the notarial certificate?
Answer: Exactly and only the name indicated on the notary's commission. The law mandates that the signature must match the commission name exactly and exclusively.
Utah Notary Public Study Guide and Handbook, page 39: “in completing a notarial act, a notary shall sign on the notarial certificate exactly and only the name indicated on the notary's commission.”
14. Which of the following is true regarding the ownership and custody of the official notarial seal?
Answer: The seal is the exclusive property of the notary and may not be used by any other person. Reference 46-1-16(2)(a) defines the seal as the exclusive property of the notary and prohibits its use by others.
Utah Notary Public Study Guide and Handbook, page 10: “A notary shall keep an official notarial seal that is the exclusive property of the notary and that may not be used by any other person”
15. What is the required content for the certificate wording of a Copy Certification in Utah?
Answer: It must state that the document is a true, exact, and unaltered photocopy and is neither a public record nor a publicly recorded document. The handbook provides specific template language for Copy Certifications that distinguishes them from Acknowledgments, Jurats, and Signature Witnessing certificates.
Utah Notary Public Study Guide and Handbook, page 13: “I certify that the preceding or attached document is a true, exact, and unaltered photocopy of (description of document), and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recorded document.”
16. What is the required timeframe for a notary to notify the lieutenant governor after changing their residential or business address?
Answer: Within 30 days. The regulation specifies a 30-day window for updating address information with the lieutenant governor.
Utah Notary Public Study Guide and Handbook, page 16: “Within 30 days of the day on which a notary’s residential or business address changes, the notary shall provide the notary’s new residential or business address to the lieutenant governor.”
17. Which entity is responsible for performing the criminal background check on a notary applicant?
Answer: The division of human resource management. The handbook assigns the specific duty of performing the criminal background check to the division of human resource management, not the lieutenant governor.
Utah Notary Public Study Guide and Handbook, page 28: “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)”
18. What is the maximum allowable size for the rectangular border surrounding the required words and official seal?
Answer: One inch by two and one-half inches. The handbook specifies the exact dimensions for the seal's border as no larger than one inch by two and one-half inches.
Utah Notary Public Study Guide and Handbook, page 40: “A rectangular border no larger than one inch by two and one-half inches surrounding the required words and official seal.”
19. Which of the following is NOT a required element of the evidence of identity recorded in the notary journal for a standard notarization?
Answer: The biometric data analysis used for authentication. Biometric data analysis is specifically listed as evidence of identity for remote notarizations, whereas standard notarizations rely on personal knowledge, ID descriptions, or credible witnesses.
Utah Notary Public Study Guide and Handbook, page 36: “iv. If used for a remote notarization, a description of the dynamic knowledge-based authentication or biometric data analysis that was used to provide satisfactory evidence of identity under subsection 46-12(19)(a)(ii);”
20. What is the requirement for a standard notary regarding the use of their journal by others?
Answer: The notary must ensure that the journal is not used by any other person for any purpose. The law mandates exclusive custody and prohibits other persons from using the journal for any purpose.
Utah Notary Public Study Guide and Handbook, page 38: “Ensure that the journal is not used by any other person for any purpose.”
21. According to the handbook, what is the minimum age requirement for an individual to qualify for a notarial commission?
Answer: At least 18 years old. The statute states that being at least 18 years old is a qualification requirement for obtaining a notarial commission.
Utah Notary Public Study Guide and Handbook, page 27: “To qualify for a notarial commission an individual shall: a. Be at least 18 years old;”
22. Who is permitted to use the notary's journal according to the rules on journal custody?
Answer: Only the notary who maintains the journal. The handbook states the journal must be in the notary's exclusive custody and not used by any other person.
Utah Notary Public Study Guide and Handbook, page 38: “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”
23. What is the maximum fee a remote notary may charge for a standard notarial act performed as part of a remote notarization?
Answer: $25. The statute sets the cap for remote notarization fees at $25, distinct from the standard $10 fee.
Utah Notary Public Study Guide and Handbook, page 35: “The maximum fee a remote notary may charge for an item described in subsection (1)(a) that the remote notary performs as a part of a remote notarization is $25.”
24. Under what condition may a notary charge a travel fee in addition to the standard notarial fee?
Answer: If the notary explains the fee is separate and agrees upon it in advance with the requester. Travel fees are permitted only if disclosed as separate from statutory fees and agreed upon in advance by both parties.
Utah Notary Public Study Guide and Handbook, page 35: “The notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee in subsection (1) and is neither specified nor mandated by law; and b. The notary and the person requesting the notarial act agree upon the travel fee in advance.”
25. How long is the term of a notarial commission for an individual commissioned by the lieutenant governor?
Answer: Four years. The handbook specifies that a commissioned notary may perform acts for a term of four years unless specific termination conditions occur.
Utah Notary Public Study Guide and Handbook, page 28: “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;”