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Utah notary rules: commission, bond and qualifications

What the Utah Notary Public Study Guide and Handbook says about commission, bond and qualifications, as 17 exam-style questions with the answer and the exact rule.

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1. According to Utah Code Section 46-1-21, under which specific circumstance is a notary required to resign their commission?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”
2. Under what specific condition is an employer liable for damages caused by their notary public's misconduct?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.”
3. What is the maximum limit on a surety's liability for damages caused by a notary's misconduct, regardless of the number of claimants?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.”
4. What information regarding the applicant's history must be included in the application submitted to the lieutenant governor?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;”
5. Under what specific circumstance does a notary's commission cease immediately upon the termination of employment?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.”
6. What action must an individual take if their notarial commission expires and they wish to continue performing notarial acts?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.”
7. Which of the following is a valid reason for the lieutenant governor to deny a notarial application?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;”
8. What is the residency requirement for a notary holding a commission in Utah?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.”
9. 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?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;”
10. Who has the authority to revoke or suspend a notarial commission based on grounds for denial of application?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.”
11. What does the phrase "materially incomplete" refer to in the context of executing notarial certificates?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.”
12. What is the residency or employment requirement for an individual applying for a notarial commission?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;”
13. When completing a notarial act, how must a notary sign the notarial certificate?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. According to the handbook, what is the minimum age requirement for an individual to qualify for a notarial commission?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;”
15. How long is the term of a notarial commission for an individual commissioned by the lieutenant governor?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;”
16. Who commissions a notary public in Utah according to the reference cited?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”
17. What action must a former remote notary take within 10 days after their commission expires or is revoked?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.”

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