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UT Notary: Qualifications, Bond, and Oath of Office

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Qualifications, Bond, and Oath of Office

Getting the commission

An applicant must be at least 18 years old, a legal resident of the United States, and have the Utah connection the statute requires (residency or a qualifying place of employment or practice - confirm the current rule). The application is filed with the Lieutenant Governor, who administers notary commissions. A Utah commission runs for a fixed term of four years.

The bond

Before performing any act, the notary must obtain and file a surety bond in the statutory amount (commonly $5,000 in Utah; verify the current figure). The bond exists to protect the public from a notary's misconduct - it is not insurance for the notary, it does not pay the notary's defense costs, and it does not cap the notary's personal liability. A notary remains personally responsible for losses beyond the bond amount.

The oath and the seal

The notary must take and file an oath of office with the Lieutenant Governor. The commission is not effective for performing notarial acts until both the bond and the oath are on file. The notary must also have a compliant stamping device in hand before the first act.

Traps

Assuming the commission begins when the application is approved rather than when bond and oath are filed; treating the bond as personal insurance; notarizing during a lapse; signing a name other than the commissioned legal name; and failing to report a legal name change or address change to the Lieutenant Governor within the required time.

Rule of thumb: 'Bond filed + oath sworn and filed + seal in hand = you may act. Two out of three is zero.'