UT Notary flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Acknowledgment
- A notarial act in which the signer personally appears before the notary, is identified, and acknowledges signing the document voluntarily for its stated purpose. The signer may sign before or outside the notary's presence.
- Jurat
- A notarial act certifying that the signer personally appeared, signed the document in the notary's presence, and swore or affirmed that its contents are true.
- Personal appearance
- The signer must appear physically before the notary, or appear by technology authorized for remote notarization, at the time of the act; absence renders the act invalid.
- Administering an oath
- A notarial act in which the notary asks the person to swear or affirm truthfulness, commonly for affidavits and depositions. The notary certifies the oath was given, not the truth of the statements.
- Satisfactory evidence of identity
- Identity verification through the notary's personal knowledge of the signer or a current government-issued photo identification card showing the signer's photograph, signature, and identifying information.
- Scope of notarial authority
- A notary may perform only acts authorized by statute, such as acknowledgments, jurats, oaths, and affirmations, and may not give legal advice or select documents for a customer.
- Expiration of commission
- A notary's authority ends on the commission expiration date; notarial acts performed after that date are invalid, and the notary must obtain a new commission before acting.
- Translator in notarial act
- When a translator assists communication with the signer, the notary must be able to communicate directly with the translator and must record the translator's involvement in the certificate or journal.
- Age requirement
- An applicant for a Utah notary commission must be at least 18 years old at the time of application.
- Residency requirement
- An applicant must be a legal resident of Utah, or a resident of a bordering state who has a place of employment or a business address in Utah.
- Notary bond amount
- Utah notaries must file a $10,000 surety bond with the lieutenant governor before acting; the bond protects the public, not the notary personally.
- Oath of office
- Before performing any notarial act, the notary must take and file an oath of office promising to support the constitutions and faithfully perform the duties of the position.
- Commission term
- A Utah notary commission lasts four years from the date it is issued and must be renewed before expiration to continue performing notarial acts.
- Commissioning authority
- The Utah lieutenant governor's office issues, renews, suspends, and revokes notary commissions and keeps the official records of commissioned notaries.
- Name or address change
- A notary must notify the lieutenant governor's office of a legal name change or address change within the time required by rule; a new stamp may be needed.
- Bond versus errors insurance
- The surety bond pays claims by harmed persons up to the bond amount; separate errors and omissions insurance, if purchased, can protect the notary's own assets.
- Venue in certificate
- The certificate identifies the jurisdiction where the act occurred, typically written as 'State of Utah, County of ______' above the notary's statements.
- Notary stamp contents
- A Utah notary stamp must legibly show the notary's name, the words 'Notary Public,' 'State of Utah,' and the commission expiration date.
- Certificate date
- The date written in the certificate is the date the notarial act was actually performed, not the date the document was signed or prepared.
- No blank fields
- Every field in the certificate must be completed; if information does not apply, the notary writes 'N/A' instead of leaving a blank that could be altered.
- Acknowledgment wording
- Standard language states that the signer personally appeared, was identified, and acknowledged executing the document voluntarily for its stated purpose on a stated date.
- Representative capacity
- When a signer acts as an agent, corporate officer, or attorney-in-fact, the certificate must state the capacity in which the signer executed the document.
- Signature and title
- The notary signs using the name as commissioned and adds the title 'Notary Public, State of Utah'; a different name requires an amended commission and new stamp.
- Seal placement
- The stamp is placed near the notary's signature so both remain legible and the seal does not cover text; missing or illegible seals can invalidate the certificate.
- Self-notarization
- A notary may not perform any notarial act on the notary's own signature or on a document in which the notary is a signer or party.
- Beneficial interest
- A notary may not notarize a document in which the notary holds a direct beneficial interest, such as a transaction that financially benefits the notary.
- Unauthorized practice of law
- A notary may not explain a document's legal effect, advise which document to use, or draft legal documents for a customer; those tasks are reserved for licensed attorneys.
- Confidentiality duty
- A notary may not disclose information from notarial records or journals except as required or permitted by law or by court order.
- Statutory fee limit
- A notary may charge no more than the maximum fee set by Utah statute for each notarial act; charging an excess fee is a violation of notary law.
- Notary liability
- A notary is personally liable for damages caused by negligent or improper notarial acts, and the surety bond may pay claims only up to its stated limit.
- Seal custody
- The notary must keep the stamp, journal, and commission records under the notary's sole control and may not let another person use the stamp.
- Refusal to perform
- A notary must decline to perform a notarial act when the signer's identity cannot be verified, the signer appears incompetent or coerced, or direct communication is impossible.