S.B. 114

This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 24, 2008 at 9:01 AM by rday. --> 1

NOTARY PUBLIC REVISION
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory S. Bell
5 House Sponsor: Douglas C. Aagard
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Notaries Public Reform Act by amending disqualification
10 provisions from performing a notary act.
11 Highlighted Provisions:
12 This bill:
13 . allows an attorney to notarize a document when the attorney is named in the
14 document if the attorney is only named as representing a signer or another person
15 named in the document; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 46-1-7, as repealed and reenacted by Laws of Utah 1998, Chapter 287
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 46-1-7 is amended to read:
27 46-1-7. Disqualifications.

Text Box
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Senate Committee Amendments 1-24-2008 rd/enw 28

A notary may not perform a notarial act if the notary:
29 (1) is a signer of S. [ or named in ] .S the document that is to be notarized except S. [ :
30 (a) ] .S in case of a self-proved will as provided in Section 75-2-504 ; S. [ and ] or
30a (2) is named in the document that is to be notarized except:
30b (a) in the case of a self-proved will as provided in Section 75-2-504; or .S
31 (b) in the case of a licensed attorney that is listed in the document only as representing
32 a signer or another person named in the document;
33 S. [ (2) ] (3) .S will receive directly from a transaction connected with a financial
33a transaction in
34 which the notary is named individually as a principal; or
35 S. [ (3) ] (4) .S will receive directly from a real property transaction in which the notary is named
36 individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor,
37 vendee, lessor, or lessee.

Legislative Review Note
as of 12-19-07 9:47 AM

Office of Legislative Research and General Counsel