13 questions from the Utah Notary Public Study Guide and Handbook. Pick an answer to see the rule behind it.
1. Under what condition may a notary refuse to enter into a lawful transaction involving a notarial act?
Answer: When there is a legal reason to do so. The handbook states that refusals are only permissible if there is a legal justification, not based on personal preference or arbitrary policies.
Utah Notary Public Study Guide and Handbook, page 8: “According to law, a notary may not refuse to enter into a lawful transaction involving a notarial act. Do not adopt policies to refuse transactions unless there is a legal reason to do so.”
2. What is the primary purpose of the notary's role as defined in the section regarding employer policies?
Answer: To serve the public. The handbook identifies serving the public, rather than just the employer, as the fundamental purpose of the notary's role when establishing policies.
Utah Notary Public Study Guide and Handbook, page 8: “Regardless, all policies should be carefully created while keeping in mind the notary’s main purpose: to serve the public—not just the company.”
3. When a remote notary designates an employer as the custodian of their electronic journal and recording, what is required regarding the agreement between the notary and the custodian?
Answer: The agreement must require the custodian to comply with the safety and security requirements of the chapter. The law requires a specific agreement ensuring the custodian adheres to the chapter's safety and security standards.
Utah Notary Public Study Guide and Handbook, page 38: “A remote notary that designates a custodian under subsection (2)(b)(i) shall execute an agreement with the custodian that requires the custodian to comply with the safety and security requirements of this chapter with regard to the electronic journal, the information in the electronic journal, and the electronic recording.”
4. According to the definition of 'Satisfactory Evidence of Identity,' which of the following documents is excluded from being considered valid identification?
Answer: A driving privilege card under subsection 53-3-207(10). The handbook lists driving privilege cards under subsection 53-3-207(10) as excluded from satisfactory evidence of identity, while the other options are listed as acceptable forms.
Utah Notary Public Study Guide and Handbook, page 27: “"Satisfactory evidence of identity" does not include: i. A driving privilege card under subsection 53-3-207(10); or ii. Another document that is not considered valid for identification.”
5. Under the definition of 'Oath' or 'Affirmation,' on what basis does a person make their vow or affirmation?
Answer: On penalty of perjury. The handbook specifies that the vow or affirmation is made on penalty of perjury.
Utah Notary Public Study Guide and Handbook, page 26: “"Oath" Or "Affirmation" means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury.”
6. Under what condition is a business NOT guilty of violating the rule regarding creating, obtaining, or possessing an electronic seal?
Answer: If the business creates the seal for the sole purpose of providing it to a certified remote notary. The handbook provides a specific exception for businesses that handle electronic seals solely to supply them to certified remote notaries.
Utah Notary Public Study Guide and Handbook, page 41: “A person is not guilty of a violation of subsection (2)(a) if the person is a business that creates, obtains, or possesses an electronic seal for the sole purpose of providing the electronic seal to a certified remote notary.”
7. What document must an individual present to obtain an official seal if they are claiming to be a notary?
Answer: A copy of the individual's notarial commission attached to a notarized declaration. The handbook specifies that a copy of the commission attached to a notarized declaration is required evidence for obtaining the official seal.
Utah Notary Public Study Guide and Handbook, page 41: “unless the individual presents a copy of the individual's notarial commission, attached to a notarized declaration substantially as follows:”
8. How long must a remote notary maintain the electronic recording of a remote notarization?
Answer: Five years. The law specifies a retention period of five years for remote notarization records.
Utah Notary Public Study Guide and Handbook, page 36: “A remote notary shall maintain, or ensure that a person that the notary designates as a custodian under subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the”
9. What action must a former remote notary take within 10 days after their commission expires or is revoked?
Answer: Certify in writing to the lieutenant governor that they have destroyed their electronic signature and seal credentials. The law requires a written certification to the lieutenant governor confirming the destruction of electronic credentials within a 10-day window.
Utah Notary Public Study Guide and Handbook, page 41: “A former remote notary shall certify to the lieutenant governor in writing that the former remote notary has complied with subsection (9)(a)(ii) within 10 days after the day on which the notary resigns or the notary's commission expires or is revoked.”
10. For a remote notarization, what color must the official seal be rendered in?
Answer: Black. The handbook clearly states that remote notarization seals must be rendered in black, contrasting with the purple ink required for in-person acts.
Utah Notary Public Study Guide and Handbook, page 39: “Each official seal used for a remote notarization shall be rendered in black.”
11. Under what condition does a remote notarization satisfy state laws requiring personal appearance before a notary?
Answer: If the notarization is lawfully performed under the chapter. The law states that any remote notarization performed lawfully under the chapter meets the requirement for personal appearance.
Utah Notary Public Study Guide and Handbook, page 30: “Notwithstanding any other provision of law, a remote notarization lawfully performed under this chapter satisfies any provision of state law that requires an individual to personally appear before, or be in the presence of, a notary at the time the notary performs a notarial act.”
12. If a notary's employment terminates, what does the law state regarding the surrender of the notary's journal?
Answer: The notary's employer may not require the notary to surrender the journal or the electronic recording. The statute protects the notary's right to retain their journal upon ending employment.
Utah Notary Public Study Guide and Handbook, page 38: “The notary's employer may not require the notary to surrender the journal or the electronic recording upon termination of the notary's employment.”
13. For a remote notary certification to be effective, what additional requirement does Section 46-1-4 impose beyond the standard commission bond?
Answer: The notary must obtain $5,000 of additional bond coverage. Remote notaries are required to secure an additional $5,000 bond coverage specifically for their remote certification.
Utah Notary Public Study Guide and Handbook, page 31: “The notary named in the remote notary certification files with the lieutenant governor evidence that the notary has obtained $5,000 of bond coverage, in addition to the bond coverage described in subsection (1)(a)”