Notarial Acts and Authorized Duties
A limited, statutory authority
A Utah notary public is an impartial public officer whose commission authorizes a defined list of acts - not general authority over documents. The core authorized acts are: taking acknowledgments; administering oaths and affirmations; taking a verification on oath or affirmation (the jurat attached to an affidavit); witnessing a signature; and, within limits, certifying copies of documents. The commission is statewide, but it reaches only those acts the statute grants. A notary has no power to decide whether a document is legal, binding, or wise.
The two acts candidates confuse most
- Acknowledgment: the signer appears, is identified, and acknowledges having signed voluntarily. No oath is given. The notary certifies identity and voluntary signature - never the truth of the content.
- Jurat / verification: the notary administers an oath or affirmation, and the signer swears the contents are true. Omitting the oath makes the certificate false.
Every notarial act requires personal appearance before the notary (or an approved remote process), satisfactory identification, a willing and competent signer, and a completed certificate bearing the notary's signature and seal.
Traps
Mixing up acknowledgment and jurat; certifying copies of public or vital records, which is generally off-limits; giving legal advice, selecting the certificate type for the principal, or explaining a document's legal effect (unauthorized practice of law); and 'witnessing' a signature without completing a proper certificate. Remember the scope of the promise: the notary certifies who appeared and what they did, never whether the document is true or enforceable.
Rule of thumb: 'I certify the person and the act - never the truth or legality of the paper.'