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UT Notary practice questions

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Question 1Notarial Acts and Authorized Duties

How long does a notary public commission last in Utah?

  1. For the notary's lifetime
  2. Four years Correct answer.
  3. Two years
  4. Five years

Explanation

Utah law sets a notary commission at four years. A notary whose commission has expired must be recommissioned before performing further notarial acts.

Question 2Notarial Acts and Authorized Duties

Which state office is responsible for appointing and commissioning notaries public in Utah?

  1. The Lieutenant Governor's office Correct answer.
  2. The Governor's office
  3. The Attorney General's office
  4. The State Auditor's office

Explanation

Utah assigns notary commissioning to the lieutenant governor. That office maintains notary applications and commissions.

Question 3Notarial Acts and Authorized Duties

A notary public administers an oath to a person swearing to the truth of an affidavit. This act is:

  1. An authorized notarial act Correct answer.
  2. Outside a notary's authority
  3. Permitted only for court clerks
  4. Allowed only with a judge present

Explanation

Administering oaths and affirmations is expressly authorized for notaries. It is commonly used for jurats and verifications.

Question 4Notarial Acts and Authorized Duties

A notary public is also a signer on a deed. What should the notary do when asked to notarize that deed?

  1. Decline; the notary cannot notarize own signature Correct answer.
  2. Notarize it if a second witness signs
  3. Notarize it but note the conflict in the journal
  4. Notarize it only if no fee is charged

Explanation

A notary may not perform a notarial act on a record the notary has signed. The conflict cannot be cured by a witness or journal note.

Question 5Notarial Acts and Authorized Duties

A notary's commission has expired. Which statement is correct?

  1. The notary may backdate a certificate to before expiration
  2. The notary may notarize only for family members
  3. The notary must stop performing notarial acts Correct answer.
  4. The notary may use the seal for 30 more days

Explanation

A notary's authority ends when the commission expires, and there is no grace period for using the seal. Backdating a certificate is improper.

Question 6Notarial Acts and Authorized Duties

A Utah notary commissioned in Salt Lake County may perform notarial acts:

  1. Only in Salt Lake County
  2. Only in the county where employed
  3. Only at a courthouse
  4. Anywhere in Utah Correct answer.

Explanation

A Utah notary's jurisdiction is statewide. The county listed in the commission does not limit where the notary may act.

Question 7Notarial Acts and Authorized Duties

Before notarizing a signature in a traditional in-person act, the notary must ensure that the signer:

  1. Is a Utah resident
  2. Has two adult witnesses
  3. Appears personally before the notary Correct answer.
  4. Mails the original document later

Explanation

Traditional notarization requires the signer to appear personally before the notary. Remote notarization is a separate process with its own requirements.

Question 8Notarial Acts and Authorized Duties

What is the purpose of a notary's official seal?

  1. To prove the document is legally valid
  2. To show the notary's political affiliation
  3. To authenticate the notary's official act Correct answer.
  4. To replace the notary's signature

Explanation

The seal authenticates the notary's official act and is used together with the notary's signature. It does not make the underlying document legally valid.

Question 9Notarial Acts and Authorized Duties

Which is acceptable satisfactory evidence of a signer's identity for a Utah notarial act?

  1. A government photo ID with a signature Correct answer.
  2. A business card showing the signer's title
  3. The signer's verbal statement of name
  4. An expired library card

Explanation

Satisfactory evidence can include a government-issued photo ID with a signature, personal knowledge, or a credible witness. A business card or verbal statement is not sufficient.

Question 10Notarial Acts and Authorized Duties

In a jurat, the notary certifies that the signer:

  1. Owns the property described in the document
  2. Provided a complete copy of the document
  3. Signed the document voluntarily for acknowledgment purposes
  4. Appeared and swore or affirmed to the truth of the statement Correct answer.

Explanation

A jurat includes an oath or affirmation that the statement is true. An acknowledgment, by contrast, focuses on voluntary execution rather than truthfulness.

Question 11Notarial Acts and Authorized Duties

When taking an acknowledgment, the notary confirms that the signer:

  1. Read every page of the document
  2. Is a United States citizen
  3. Paid all applicable taxes
  4. Signed the document freely and voluntarily Correct answer.

Explanation

An acknowledgment confirms that the signer appeared and executed the document voluntarily. The notary does not certify citizenship, tax status, or that every page was read.

Question 12Notarial Acts and Authorized Duties

Utah notaries are required to keep a journal of notarial acts that includes which of the following?

  1. A copy of the entire notarized document
  2. The signer's Social Security number
  3. The signer's political party
  4. The date and type of notarial act Correct answer.

Explanation

The notary journal records details such as the date, type of act, signer, identification, and fee. It does not require a copy of the entire document or unrelated personal data.

Question 13Notarial Acts and Authorized Duties

Under Utah statute, what is the maximum fee a notary may charge for a single notarial act?

  1. Any amount agreed upon
  2. $10 Correct answer.
  3. $25
  4. $5

Explanation

Utah caps the fee for a single notarial act at $10. A notary may charge less but may not exceed the statutory maximum.

Question 14Notarial Acts and Authorized Duties

What amount of bond must a Utah notary applicant file?

  1. $50,000
  2. $10,000
  3. $1,000
  4. $5,000 Correct answer.

Explanation

Utah requires a notary applicant to file a $5,000 bond. The bond is part of the commissioning process.

Question 15Notarial Acts and Authorized Duties

In signature witnessing, the notary's role is to:

  1. Read the entire document aloud to the signer
  2. Guarantee the truth of the document's contents
  3. Observe the signer sign and complete a certificate Correct answer.
  4. Certify the signer's legal capacity

Explanation

Signature witnessing requires the notary to observe the signer's signature and complete a certificate describing that act. The notary does not guarantee the truth of the document or the signer's capacity.

Question 16Notarial Acts and Authorized Duties

If a signer lacks acceptable identification, a Utah notary may rely on:

  1. Any bystander's statement
  2. The signer's promise to provide ID later
  3. A credible witness personally known to the notary Correct answer.
  4. A photocopy of an expired ID

Explanation

A credible witness personally known to the notary can supply satisfactory evidence of identity. A bystander, expired photocopy, or promise is not sufficient.

Question 17Notarial Acts and Authorized Duties

A notary may sign and seal a blank notarial certificate:

  1. Only for real estate documents
  2. If the date is left blank
  3. For regular clients only
  4. Never; complete it at the time of the act Correct answer.

Explanation

A notary must not sign or seal a blank certificate. The certificate must be completed when the notarial act is performed.

Question 18Notarial Acts and Authorized Duties

The date written in a notarial certificate should reflect the:

  1. Date the notary was commissioned
  2. Date the signer mailed the document
  3. Date the document was drafted
  4. Date the notarial act was performed Correct answer.

Explanation

The certificate date should match the date the notarial act occurred. Using a mailing, drafting, or commissioning date would misstate the act.

Question 19Notarial Acts and Authorized Duties

A signer objects to swearing an oath on religious grounds. The notary may:

  1. Refuse all service to the signer
  2. Skip the jurat entirely
  3. Administer an affirmation instead Correct answer.
  4. Notarize without any oath or affirmation

Explanation

An affirmation is a legally equivalent substitute for an oath when a person objects to swearing. The notary should not omit the required oath or affirmation.

Question 20Notarial Acts and Authorized Duties

A Utah notary may certify a copy of a document only when the notary:

  1. Has only the signer's assurance that the copy is accurate
  2. Has not seen the original document
  3. Has the original or an authorized copy to compare Correct answer.
  4. Is named as a party in the document

Explanation

Copy certification requires the notary to compare the copy against the original or an authorized copy. The notary cannot rely solely on assurances or certify a document not seen.

Question 21Notarial Acts and Authorized Duties

Utah notaries may perform remote notarization only if they:

  1. Use any free video chatting application
  2. Notarize for signers located outside the United States
  3. Omit the journal entry for remote acts
  4. Register and use technology approved under state rules Correct answer.

Explanation

Remote notarization requires compliance with state registration and approved technology rules. Notaries may not simply use any video application, and journal obligations still apply.

Question 22Notarial Acts and Authorized Duties

A notary public is asked to explain the legal effect of a power of attorney. The notary should:

  1. Notarize only if the signer waives counsel
  2. Explain the document because notaries are legal officers
  3. Write the signer's legal advice into the certificate
  4. Decline and refer the signer to an attorney Correct answer.

Explanation

A notary may not give legal advice or explain the legal effect of a document. The notary should decline and refer the signer to an attorney.

Question 23Notarial Acts and Authorized Duties

A Utah notary may note a protest of a negotiable instrument when the instrument:

  1. Is being used in a family law case
  2. Has been signed by the notary
  3. Is dishonored by nonpayment Correct answer.
  4. Is a deed to real property

Explanation

A notary may note a protest when a negotiable instrument is dishonored by nonpayment or nonacceptance. A deed or family law matter is not a negotiable instrument protest.

Question 24Notarial Acts and Authorized Duties

A notary is named as a beneficiary in a will and is asked to notarize the testator's signature. The notary should:

  1. Notarize if two witnesses are present
  2. Decline due to a beneficial interest Correct answer.
  3. Notarize but waive the fee
  4. Notarize because the notary is not the signer

Explanation

A notary may not perform a notarial act when the notary has a beneficial interest in the document. Being named as a beneficiary creates a conflict that requires declining.

Question 25Notarial Acts and Authorized Duties

A signer appears confused and cannot understand the notarial act. The notary should:

  1. Notarize anyway because the signer appeared in person
  2. Ask a family member to sign for the signer
  3. Notarize as a signature witness only
  4. Decline until the signer understands Correct answer.

Explanation

The notary must be satisfied that the signer understands the act and is acting voluntarily. If the signer cannot understand, the notary should decline until that concern is resolved.

Question 26Notarial Acts and Authorized Duties

Which of the following is a notarial act that a Utah notary public is authorized to perform?

  1. Administering an oath or affirmation Correct answer.
  2. Representing a party at a court hearing
  3. Preparing a will for a client
  4. Explaining the legal effect of a contract

Explanation

Administering oaths and affirmations is one of the core notarial acts a Utah notary is commissioned to perform. Drafting legal documents, advising on legal consequences, and representing parties are the practice of law and require a law license.

Question 27Notarial Acts and Authorized Duties

Which office commissions and oversees notaries public in Utah?

  1. The Utah Secretary of State
  2. The Utah Supreme Court
  3. The Utah Lieutenant Governor's Office Correct answer.
  4. The clerk of the notary's county

Explanation

The lieutenant governor administers Utah's notary program, including applications, bonds, commissions, and disciplinary action. County clerks record documents and courts decide cases, but neither issues notary commissions.

Question 28Notarial Acts and Authorized Duties

How long does a Utah notary public commission last before it must be renewed?

  1. Two years
  2. Three years
  3. Ten years
  4. Four years Correct answer.

Explanation

A Utah notary commission runs for four years from the date it is issued. Once it expires, the person must obtain a new commission before performing any further notarial acts.

Question 29Notarial Acts and Authorized Duties

A person who lives in Idaho but owns property in Utah asks a Utah notary to notarize her signature. The notary may:

  1. decline, because Utah notaries may serve only Utah residents
  2. notarize only after the signer registers as a Utah resident
  3. notarize only if the signer provides an Idaho mailing address
  4. notarize the signature as requested Correct answer.

Explanation

A notary's authority depends on the notary's commission and on where the notarial act occurs, not on the signer's residence. The notary must still verify the signer's identity and require personal appearance.

Question 30Notarial Acts and Authorized Duties

A Utah notary is vacationing in Arizona and is asked to notarize a document there. The notary:

  1. may not, because the act would occur outside Utah Correct answer.
  2. may do so because a Utah commission is valid nationwide
  3. may do so if the notary uses an embosser seal
  4. may do so if the signer is a Utah resident

Explanation

A Utah notary's authority is exercised within Utah; a notarial act performed while the notary is physically in another state is outside that authority. The type of seal used or the signer's residence does not extend the notary's territorial reach.

Question 31Notarial Acts and Authorized Duties

A notary is asked to notarize a certificate on a document that already bears the notary's own signature as the signer. The notary should:

  1. Decline to notarize the signature Correct answer.
  2. Notarize it if another notary also signs
  3. Add a second signature and seal the document
  4. Notarize it if the notary is unrelated to the other party

Explanation

A notary may not notarize the notary's own signature, because the notary cannot serve as an impartial witness to an act the notary personally performed. The presence of another notary does not cure the conflict.

Question 32Notarial Acts and Authorized Duties

A notary's spouse asks the notary to notarize the spouse's signature on a loan document on which the notary is also a co-borrower. What should the notary do?

  1. Notarize it, because spouses may notarize for each other
  2. Decline, because the notary is a party to the transaction Correct answer.
  3. Decline, because a notary may never notarize for a family member
  4. Notarize it, provided the relationship is recorded in the journal

Explanation

A notary may not perform a notarial act on a record in which the notary is a party or holds a beneficial interest. Being a co-borrower disqualifies the notary here, regardless of any family relationship.

Question 33Notarial Acts and Authorized Duties

Which of the following must appear in the official seal of a Utah notary public?

  1. The notary's business telephone number
  2. The notary's commission number
  3. The county in which the notary resides
  4. The words "State of Utah" Correct answer.

Explanation

Utah requires the seal to show the notary's name, the words "Notary Public," the words "State of Utah," and the commission expiration date. Items such as a commission number, telephone number, or county of residence are not required seal elements.

Question 34Notarial Acts and Authorized Duties

A notary's first seal impression on a notarial certificate is faint and cannot be read clearly. The notary should:

  1. Write the seal information in by hand beneath the impression
  2. Cross out the faint impression and prepare a new certificate
  3. Ask the signer to initial next to the faint impression
  4. Apply the seal again so the impression is legible Correct answer.

Explanation

The seal impression must clearly and legibly identify the notary and be capable of being reproduced, so a faint impression should be replaced with a proper one. Handwriting the seal information or having the signer initial it does not satisfy the seal requirement.

Question 35Notarial Acts and Authorized Duties

The venue statement at the beginning of a notarial certificate identifies:

  1. the state where the notary was commissioned
  2. the state and county where the act is performed Correct answer.
  3. the county where the signer resides
  4. the county where the document will be recorded

Explanation

The venue recites the place where the notarial act took place, typically the state and county. It is not tied to the signer's home address or to where the document may later be recorded.

Question 36Notarial Acts and Authorized Duties

After the signer has appeared, been identified, and signed, what must the notary do to complete a notarial act?

  1. Complete, sign, and seal the notarial certificate Correct answer.
  2. Obtain a second notary's countersignature
  3. Mail a copy of the certificate to the Lieutenant Governor
  4. File a copy of the document with the county recorder

Explanation

A notarial act is completed when the notary fills out the certificate, signs it, and applies the official seal. Recording, countersignature, and filing with the state are not required steps in the act itself.

Question 37Notarial Acts and Authorized Duties

A notary's co-worker asks to borrow the notary's seal to stamp routine paperwork while the notary is at lunch. The notary should:

  1. Allow it only for documents the notary personally reviewed
  2. Lend the seal if the co-worker signs the journal
  3. Refuse, because only the notary may use the seal Correct answer.
  4. Lend the seal but keep a written log of its use

Explanation

The notary is personally responsible for the security and proper use of the official seal, and may not let anyone else apply it or act in the notary's name. A journal entry or a log does not authorize another person to use the seal.

Question 38Notarial Acts and Authorized Duties

A court reporter asks a Utah notary to swear in a witness before a deposition. The notary:

  1. May administer the oath as requested Correct answer.
  2. May do so only with written permission from the state
  3. May not, because oaths in litigation must be given by a judge
  4. May do so only if the witness is a Utah resident

Explanation

Administering an oath or affirmation is an authorized notarial act, and notaries routinely swear in deponents. Neither the witness's residence nor a judge's involvement is required for the notary to administer the oath.

Question 39Notarial Acts and Authorized Duties

A Utah notary is asked to officiate at a friend's wedding ceremony. Under Utah law, a notary public:

  1. May solemnize it if the notary is commissioned in the same county
  2. May solemnize a marriage after paying an additional fee
  3. May solemnize the marriage if both parties sign a waiver
  4. Is not among the officials authorized to solemnize a marriage Correct answer.

Explanation

Utah law specifies which officials and religious officiants may solemnize a marriage, and notaries public are not on that list. A notary's commission covers notarial acts such as acknowledgments, jurats, and oaths, not the performance of marriages.

Question 40Notarial Acts and Authorized Duties

A signer asks the notary which of two deed forms will best protect the signer's property rights. The notary should:

  1. Decline and suggest the signer consult an attorney Correct answer.
  2. Recommend the more commonly recorded form
  3. Explain both forms and let the signer choose
  4. Notarize both forms to avoid choosing

Explanation

Selecting a document or advising on its legal effect is the practice of law, which lies outside the notary's authority. The notary may still notarize a signature once the signer has decided, but should not counsel on which form to use.

Question 41Notarial Acts and Authorized Duties

Utah notaries may perform an in-person notarial act only when the signer:

  1. Has been identified by two credible witnesses
  2. Appears personally before the notary Correct answer.
  3. Has mailed the original document to the notary
  4. Has signed the document within the past 30 days

Explanation

Personal appearance before the notary is a foundational requirement for an in-person notarial act. Receiving a document by mail, using witnesses, or the timing of the signature does not substitute for that appearance.

Question 42Notarial Acts and Authorized Duties

A notary has a good-faith doubt about whether the person appearing understands the transaction. The notary:

  1. May decline to perform the notarial act Correct answer.
  2. Must refer the decision to the county clerk
  3. Must complete the act if the signer insists
  4. Must complete the act but note the doubt in the journal

Explanation

A notary may refuse to perform a notarial act and should decline when unable to determine that the signer understands the act and is acting voluntarily. Neither the signer's insistence nor a journal note cures the problem.

Question 43Notarial Acts and Authorized Duties

A signer presents a document written in a language the notary cannot read, but the notary and signer share another language. The notary:

  1. Must attach a certified translation before notarizing
  2. May proceed if the signer understands the notarial act Correct answer.
  3. May proceed only if the notary signs a statement about the contents
  4. Must refuse, because the notary cannot read the document

Explanation

A notary does not review or vouch for the contents of a document, so unfamiliarity with the document's language is not automatically disqualifying. What matters is that the notary can communicate with the signer about the notarial act itself.

Question 44Notarial Acts and Authorized Duties

A notary whose commission expired last week is asked to notarize a document today. The notary:

  1. May notarize, since the commission can be renewed retroactively
  2. Must decline, because the notary no longer holds a commission Correct answer.
  3. May notarize as long as the seal still shows the old expiration date
  4. May notarize if the signer signs a statement accepting the risk

Explanation

Notarial authority ends when the commission expires, and acts performed afterward are not valid notarial acts. The notary must obtain a new commission before performing any further notarial acts.

Question 45Notarial Acts and Authorized Duties

A signer hands the notary an unsigned document with no notarial wording and says, "Just put your stamp on it." The notary should:

  1. Attach an acknowledgment because it is the most common certificate
  2. Ask the signer which type of notarial act is intended Correct answer.
  3. Attach a jurat, since a stamp implies a sworn statement
  4. Stamp the document and let the signer add wording later

Explanation

Choosing between an acknowledgment and a jurat is the signer's decision, not the notary's, because the two certificates have very different meanings. The notary may explain the difference, but must not select the act for the signer.

Question 46Notarial Acts and Authorized Duties

A document notarized in Utah will be used in a foreign country. Which office issues the apostille that authenticates the notary's seal?

  1. The county recorder where the act occurred
  2. The foreign country's consulate in Utah
  3. The Utah Lieutenant Governor's Office Correct answer.
  4. The Utah Attorney General's Office

Explanation

Apostilles and authentications for Utah notarized documents are issued through the lieutenant governor's office, which maintains the records of commissioned notaries and their signatures. County recorders, the attorney general, and foreign consulates do not perform this function.

Question 47Notarial Acts and Authorized Duties

A signer asks the notary to "verify" that the figures in a financial statement are accurate before notarizing. The notary:

  1. Must compare the figures to the signer's identification
  2. Notarizes only the signature, not the truth of the contents Correct answer.
  3. May verify the figures if the notary is an accountant
  4. Must add a statement to the certificate confirming accuracy

Explanation

A notary's role is limited and ministerial: the notary certifies the signer's appearance, identity, and the act performed, not the accuracy of the document. Verifying financial figures falls outside the scope of any notarial act.

Question 48Notarial Acts and Authorized Duties

While reviewing a driver license offered as identification, a notary notices the photo appears to have been replaced. The notary should:

  1. Decline to perform the notarial act Correct answer.
  2. Accept it if the birth date matches the signer's statement
  3. Photocopy it and continue, noting the concern in the journal
  4. Accept it if a second person vouches for the signer

Explanation

Satisfactory evidence of identity must be credible, and a document that appears altered is not reliable. When identity cannot be established to the notary's satisfaction, the notary should decline rather than proceed on assumption.

Question 49Notarial Acts and Authorized Duties

An attorney-in-fact appears with a power of attorney and signs a deed on the principal's behalf. The notary's acknowledgment is of:

  1. The notary's own verification of the principal's identity
  2. The principal's signature, which the notary may not witness
  3. The agent's signature, made in the notary's presence Correct answer.
  4. The power of attorney document itself

Explanation

The notary notarizes the signature of the person who actually appears and signs, here the agent. The notary does not need to contact the principal or rule on the validity of the power of attorney.

Question 50Notarial Acts and Authorized Duties

A signer asks the notary to sign a statement certifying that the signer is a United States citizen. The notary:

  1. May do so after checking the signer's passport
  2. May do so if the statement is notarized by a second notary
  3. May do so because a notary may certify any fact about a signer
  4. May not do so, as that act is not authorized Correct answer.

Explanation

A notary may perform only the notarial acts the law authorizes, such as acknowledgments, jurats, oaths, and signature witnessing. Certifying a person's citizenship is not among them, regardless of what documents the signer can show.