AND COMPLETE NOTARY LAW OVERVIEW
GUIDE
◉ Top Ten of Notaries Public. Answer: 1. Leaving out the notarial
language
2.Confusing the notarial acts
3. Misinterpreting electronic signature/notarization
4.Failing to require Personal Appearance
5.Failing to name the appearing signer
6. Adopting policies contrary to UCA 46-1-8
7.Failing to require proper I.D.
8.Refusing documents solely for their content
9.Leaving the notary seal and certificate with the employer upon
termination of employment
10.Executing "materially incomplete" certificates
◉ 1.Leaving out the notarial language. Answer: Never just stamp and
sign. When notarizing a signature, ALWAYS use some variation of
one of the two acts: Jurat Certificate and Acknowledgment
Certificate
,◉ The following notarial acts may be performed by a notary within
the state:. Answer: 1. Jurats
2. Acknowledgments
3. Signature Witnesses
4. Copy Certifications
5. Oaths or Affirmations.
A notary may not execute a certificate containing a statement known
by the notary to be false or materially incomplete
◉ Official Seal. Answer: A notary may not use a notarial seal
independent of a notarial certificate.
◉ 2. Confusing the notarial acts. Answer: JURAT; Certifies that a
voluntary signature was made in the notary's presence under an
oath or affirmation. ACKNOWLEDGEMENT, Certifies that a signer
has admitted in the notary's presence to voluntary signing a
document. SIGNATURE WITNESSING certifies that a voluntary
signature was made in the notary's presence. All 3 require personal
appearance, and proof of identity
◉ Acknowledgement. Answer: 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
, ◉ Jurat. Answer: 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 made, in the notary's presence, a
voluntary signature and taken an oath of affirmation vouching for
the truthfulness of the signed document.
◉ Signature Witnessing. Answer: Notarial act in which an individual:
appears in person before a notary and presents a document;
provides the notary satisfactory evidence of the individual's identity
or is personally known to the notary; and signs the document in the
presence of the notary
◉ 3. Misinterpreting electronic signature/notarization. Answer:
Notarization of an electronic signature IS VERY RARE and still
requires personal appearance. IT is a certification of a voluntary
signature just the same as any other signature. DOES NOT mean by
phone, fax, email or video conference. For elecetronic notarization,
the signer is in the presence of the notary using a computer instead
of pen and paper. THE RULE OF PERSONAL APPEARANCE IA NOT
AFFECTED BY THE DEFINITION OF "ELECTRONIC SIGNATURE"
◉ Electronic signature. Answer: means an electronic sound, symbol,
of process attached to or logically associated with a record and
executed or adopted by a person with the intent to sign the record