Definition: Acknowledgment - ANSa 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 - ANS(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 - ANSa 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 - ANSan 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 - ANSa 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" - ANSan 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 - ANSthe 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 - ANSany person commissioned to perform notarial acts under this chapter
Definition: "Oath" or "affirmation" - ANSa 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 - ANSa 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 - ANSfamiliarity 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 - ANS(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.
Definition: Signature witnessing - ANSa 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: - ANS(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;
(ii) an affirmation that the individual meets the requirements of this section;
, (iii) an indication of any criminal convictions the individual has received, including a plea of
admission or no contest;
(iv) 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;
(v) an indication that the individual has passed the examination described in Subsection (5); and
(vi) payment of an application fee that the lieutenant governor establishes in accordance with
Section 63J-1-504; and
(e)
(i) be a United States citizen; or
(ii) have permanent resident status under Section 245 of the Immigration and Nationality Act.
The lieutenant governor may deny an application based on: - ANS(a) the applicant's conviction
for a crime involving dishonesty or moral turpitude;
(b) any revocation, suspension, or restriction of a notarial commission or professional license
issued to the applicant by this or any other state;
(c) the applicant's official misconduct while acting in the capacity of a notary; or
(d) the applicant's failure to pass the examination described in Subsection (5).
An individual whom the lieutenant governor commissions as a notary may perform notarial acts
in any part of the state for a term of - ANSfour years, unless the person resigns or the
commission is revoked or suspended under Section 46-1-19.
After commission expires: - ANS(i) After an individual's commission expires, the individual may
not perform a notarial act until the individual obtains a new commission.
(ii) 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.
A notarial commission is not effective until: - ANS(1) the notary named in the commission takes
a constitutional oath of office and files a $5,000 bond with the lieutenant governor that:
(a) a licensed surety executes for a term of four years beginning on the commission's effective
date and ending on the commission's expiration date; and
(b) conditions payment of bond funds to any person upon the notary's misconduct while acting
in the scope of the notary's commission; and
(2) the oath and bond are approved by the lieutenant governor.
A notary may perform the following acts: - ANS(a) a jurat;
(b) an acknowledgment;
(c) a signature witnessing;
(d) a copy certification; and
(e) an oath or affirmation.
A notary may not: - ANS(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.
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