25 questions from the Utah Notary Public Study Guide and Handbook. Pick an answer to see the rule behind it.
1. Who commissions a notary public in Utah according to the reference cited?
Answer: The Lieutenant Governor. Reference 46-1-3 states that the lieutenant governor is responsible for commissioning qualified persons as notaries.
Utah Notary Public Study Guide and Handbook, page 8: “the lieutenant governor shall commission as a notary any qualified person”
2. Which of the following best describes the scope of 'Official Misconduct' for a notary?
Answer: Any act prohibited or failure to perform any act mandated by the chapter or other law in connection with a notarial act. Official misconduct is defined broadly as performing prohibited acts or failing to perform mandated acts under the relevant laws.
Utah Notary Public Study Guide and Handbook, page 26: “"Official Misconduct" means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act.”
3. What must a remote notary do regarding the recording of a remote notarization session?
Answer: Create an audio and video recording of the performance and store it according to specified sections. The law mandates the creation of both audio and video recordings and their storage in compliance with specific statutory sections.
Utah Notary Public Study Guide and Handbook, page 30: “A remote notary shall create an audio and video recording of the performance of each remote notarization and store the recording in accordance with sections 46-1-14 and 46-1-15.”
4. What is the correct procedure regarding the notary seal and certificate when a notary's employment ends?
Answer: The notary must leave the seal and certificate with the employer. The handbook lists 'Leaving the notary seal and certificate with the employer upon termination of employment' as one of the top mistakes, implying this is the expected or required action described in the context of the handbook's guidance on common errors or procedures.
Utah Notary Public Study Guide and Handbook, page 5: “Leaving the notary seal and certificate with the employer upon termination of employment”
5. What is the requirement for using a notarial seal according to the handbook?
Answer: The seal may only be used if there is notarial language and a signature in place. The rule mandates that the seal cannot be used in isolation; it requires accompanying notarial language and the notary's signature.
Utah Notary Public Study Guide and Handbook, page 15: “Every notarization is required to have the notary’s seal (stamp), notarial language, and notary’s signature. A notary’s seal may not be used unless there is notarial language and a signature in place.”
6. Under what specific condition is a notary permitted to perform a notarial act for another individual who is physically located outside of the state?
Answer: When the notarization is performed remotely in accordance with the chapter. The handbook states that performing acts for individuals outside the state is prohibited unless the notarization is conducted remotely.
Utah Notary Public Study Guide and Handbook, page 28: “Except through a remote notarization performed in accordance with this chapter, may not perform a notarial act for another individual who is outside of the state.”
7. What condition must be met regarding the signer's physical presence when a notary performs an act described in Section 46-1-6?
Answer: The individual must be in the presence of the notary at the time the act is performed. The law prohibits performing notarial acts unless the individual is physically present with the notary at the time of the act.
Utah Notary Public Study Guide and Handbook, page 32: “Perform an act described in subsection (1) if the individual for whom the notary performs the notarial act is not in the presence of the notary at the time the notary performs the act.”
8. What is the primary distinction between a Jurat and an Acknowledgment regarding the signer's action in the presence of the notary?
Answer: In a Jurat, the signer takes an oath or affirmation; in an Acknowledgment, the signer admits to voluntarily signing. The handbook defines a Jurat as involving an oath or affirmation and an Acknowledgment as involving an admission of voluntary signing.
Utah Notary Public Study Guide and Handbook, page 6: “Jurat certifies that a voluntary signature was made in the notary’s presence under an oath or affirmation, Acknowledgment certifies that a signer has admitted in the notary’s presence to voluntarily signing a document”
9. According to Utah law Section 46-1-6.5, what specific verbal statement must a notary ensure the signer makes before witnessing the signature for a Jurat?
Answer: "Do you swear or affirm under penalty of perjury that the statements in your document are true?". The handbook mandates this specific oath or affirmation language for completing a Jurat.
Utah Notary Public Study Guide and Handbook, page 12: “Do you swear or affirm under penalty of perjury that the statements in your document are true?”
10. What specific requirement distinguishes the identification process for a remote notarization from an in-person notarization regarding data verification?
Answer: Remote notarizations require identification to be verified through public or proprietary data sources. The handbook specifies that for remote notarizations, identification must be verified through public or proprietary data sources, a requirement not imposed on standard in-person identifications in this context.
Utah Notary Public Study Guide and Handbook, page 27: “"Satisfactory evidence of identity," for a remote notarization, requires the identification described in subsection (19)(a)(i)(a) or passport described in subsection (19)(a)(i)(b) to be verified through public or proprietary data sources in accordance with rules made under section 46-1-3.7.”
11. What is the criminal classification for violating a provision of the notary chapter if it is not otherwise a criminal offense?
Answer: Class B misdemeanor. The handbook defines the penalty for violating chapter provisions as a class B misdemeanor.
Utah Notary Public Study Guide and Handbook, page 15: “It is a class B misdemeanor, if not otherwise a criminal offense under this code, for: a. A notary to violate a provision of this chapter;”
12. If a candidate fails the exam, what is the cost to retake the test within 30 days of the first attempt?
Answer: $40. The handbook specifies that the retake fee is $40 if taken within the initial 30-day window.
Utah Notary Public Study Guide and Handbook, page 4: “If you do not pass the test, you have 30 days from the date you first took the test to take it again for $40,”
13. What is the required condition for the signer when a notary performs any of the listed notarial acts?
Answer: The signer must be in the physical presence of the notary. The handbook mandates that the person receiving the notarial act must be physically present with the notary at the time the act is performed.
Utah Notary Public Study Guide and Handbook, page 12: “perform an act described in subsection (1) if the person for whom the notary performs the notarial act is not in the physical presence of the notary at the time the notary performs the act.”
14. Which of the following best describes the requirement for a signer's presence during a notarial act?
Answer: The signer must always appear before the notary. The handbook mandates that the signer must personally appear, rejecting excuses such as illness or prior acquaintance as justification for skipping personal appearance.
Utah Notary Public Study Guide and Handbook, page 7: “The signer must always appear before the notary. Title 46 does not allow for variation on this matter.”
15. What is the total fee required if a candidate takes the exam more than 30 days after their first attempt?
Answer: $95. The handbook indicates that after the 30-day period expires, the combined administrative and testing fee increases to $95.
Utah Notary Public Study Guide and Handbook, page 4: “after 30 days you will be required to pay the Administrative fee and testing fee of $95.”
16. What is the definition of 'Acknowledgment' provided in the Notaries Public Reform Act section?
Answer: A notarial act in which a notary certifies that a signer has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. The handbook defines Acknowledgment specifically as certifying that the signer voluntarily signed the document for its stated purpose in the notary's presence.
Utah Notary Public Study Guide and Handbook, page 25: “"Acknowledgment" 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 admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose.”
17. Under Utah law, what is the status of the electronic recording included with a remote notary's journal?
Answer: It is not a public record and is not a part of the notary's journal. The statute defines the electronic recording as separate from the journal itself and not a public record.
Utah Notary Public Study Guide and Handbook, page 37: “The electronic recording is not a public record and is not a part of the notary's journal.”
18. What is the maximum fee a notary may charge per signature notarized according to the handbook?
Answer: $10 per signature. The handbook states that the employer may not require more than $10 per signature, establishing the maximum fee limit.
Utah Notary Public Study Guide and Handbook, page 8: “may not require more than $10 per signature notarized”
19. According to Section 46-1-6.5, Subsection (5), what specific information regarding identification must be included in the certificate wording for a Signature Witnessing?
Answer: The form of identification used to prove the signer's identity. The statute requires the notary to state the form of identification used to verify the signer's identity in the signature witnessing certificate.
Utah Notary Public Study Guide and Handbook, page 13: “proved to me through satisfactory evidence of identification, which was (form of identification), to be the person whose name is signed on the preceding or attached document in my presence.”
20. In which of the following scenarios is a notary permitted to perform a notarial act on a document in which they are named, according to Section 46-1-7?
Answer: When the notary is a licensed attorney listed only as representing a signer. Section 46-1-7 lists specific exceptions to the disqualification rule, including licensed attorneys listed solely as representatives, while other roles like buyer or grantee are generally restricted if compensation is involved or specific conditions aren't met.
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. Under Utah law, what is the requirement for a remote notary's physical location when performing a remote notarization?
Answer: The remote notary must be physically located in the state. The statute states that the remote notary must be physically located in the state to perform the act.
Utah Notary Public Study Guide and Handbook, page 30: “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.”
22. Which of the following is a mandatory requirement for a notary regarding the custody of their journal?
Answer: The journal must be kept in the notary’s exclusive custody. The law mandates that the notary retains exclusive custody of the journal and protects this right against employer demands upon termination.
Utah Notary Public Study Guide and Handbook, page 14: “Keep the journal in the notary’s exclusive custody; and”
23. Under Section 46-1-7, when is a licensed escrow agent permitted to perform a notarial act on closing documents?
Answer: When acting as the title insurance producer and not named individually as a party to the transaction. The law allows escrow agents to notarize only if they act as title insurance producers and are not named individually in specific capacities like grantor or buyer.
Utah Notary Public Study Guide and Handbook, page 14: “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;”
24. How must a remote notary establish satisfactory evidence of identity for a signer who is not personally known to the notary?
Answer: By requiring the individual to transmit an image of a valid identification document or passport via an electronic device allowing simultaneous sight and sound communication. The handbook specifies that identity must be established through simultaneous sight and sound communication and the transmission of a sufficient quality image of ID or passport.
Utah Notary Public Study Guide and Handbook, page 30: “Communicating with the individual using an electronic device or process that: i. Allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and ii. Complies with rules made under section 46-1-3.7; and b. Requiring the individual to transmit to the remote notary an image of a form of identification described in subsection 46-1-2(19)(a)(i)(a) or passport described in subsection 46-1-2(19) (a)(i)(b) that is of sufficient quality for the remote notary to establish satisfactory evidence of identity.”
25. According to the definition of 'Personally Known,' what level of certainty must familiarity with an individual achieve to satisfy this standard?
Answer: It must eliminate every reasonable doubt that the individual has the identity claimed. The definition states that familiarity must be sufficient to eliminate every reasonable doubt regarding the individual's identity.
Utah Notary Public Study Guide and Handbook, page 26: “"Personally Known" means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed.”