QUESTIONS AND ANSWERS
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Definition: Acknowledgment - ANSWER-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.
Definition: Commission - ANSWER-(a) to empower to perform notarial acts;
or
(b) the written document that gives authority to perform notarial acts,
including the Certificate of Authority of Notary Public that the lieutenant
governor issues to a notary.
Definition: Copy certification - ANSWER-a notarial act in which a notary
certifies that a photocopy is an accurate copy of a document that is
neither a public record nor publicly recorded.
Definition: Electronic signature - ANSWER-an electronic sound, symbol, or
process attached to or logically associated with a record and executed or
adopted by a person with the intent to sign the record.
Definition: Jurat - ANSWER-a notarial act in which a notary certifies:
(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer's identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness
of a document; and
(c) that the signer voluntarily signs the document in the presence of the
notary.
Definition: "Notarial act" or "notarization" - ANSWER-an act that a notary
is authorized to perform under Section 46-1-6:
(1) A notary may perform the following acts:
(a) a jurat;
(b) an acknowledgment;
(c) a signature witnessing;
(d) a copy certification; and
(e) an oath or affirmation.
(2) A notary may not:
(a) perform an act as a notary that is not described in Subsection (1); or
,(b) 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.
Definition: Notarial certificate - ANSWER-the affidavit described in Section
46-1-6.5 that is:
(a) a part of or attached to a notarized document; and
(b) completed by the notary and bears the notary's signature and seal.
Definition: Notary - ANSWER-any person commissioned to perform notarial
acts under this chapter
Definition: "Oath" or "affirmation" - ANSWER-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.
Definition: Official misconduct - ANSWER-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.
Definition: Personally known - ANSWER-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.
Definition: Satisfactory Evidence of identity - ANSWER-(a) "Satisfactory
evidence of identity" means identification of an individual based on:
(i) valid personal identification with the individual's photograph, signature,
and physical description that the United States government, any state
within the United States, or a foreign government issues;
(ii) a valid passport that any nation issues; or
(iii) the oath or affirmation of a credible person who is personally known to
the notary and who personally knows the individual.
(b) "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.
Acknowledgment - ANSWER-An affidavit for an acknowledgment that is in
substantially the following form is sufficient under Subsection (1):
"State of Utah
§
County of ____________
On this (date) day of (month), in the year (year), before me (name of
notary public), a notary public, personally appeared (name of document
signer), proved on the basis of satisfactory evidence to be the person(s)
whose name(s) (is/are) subscribed to in this document, and acknowledged
(he/she/they) executed the same.
(Notary Seal) ____________________________________
Notary Signature".
, Copy Certificate - ANSWER-An affidavit for a copy certification that is in
substantially the following form is sufficient under Subsection (1):
"State of Utah
§
County of ____________
On this (date) day of (month), in the year (year), 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.
(Notary Seal) ____________________________________
Notary Signature".
Signature Witnessing - ANSWER-An affidavit for a signature witnessing
that is in substantially the following form is sufficient under Subsection
(1):
"State of Utah
§
County of ____________
On this (date) day of (month), in the year (year), before me, (name of
notary public), personally appeared (name of document signer), 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.
(Notary Seal) ____________________________________
Notary Signature".
Definition: Signature witnessing - ANSWER-a notarial act in which an
individual:
(a) appears in person before a notary and presents a document;
(b) provides the notary satisfactory evidence of the individual's identity, or
is personally known to the notary; and
(c) signs the document in the presence of the notary.
To qualify for a notarial commission an individual shall: - ANSWER-(a) be
at least 18 years old;
(b) lawfully reside in the state for at least 30 days immediately before the
individual applies for a notarial commission;
(c) be able to read, write, and understand English;
(d) submit an application to the lieutenant governor containing no
significant misstatement or omission of fact, that includes:
(i) the individual's:
(A) name as it will appear on the commission;
(B) residential address;
(C) business address;
(D) daytime telephone number; and
(E) date of birth;