S.B. 22

1

NOTARY PUBLIC AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Fred R Hunsaker
6
7 LONG TITLE
8 Committee Note:
9 The Government Operations and Political Subdivisions Interim Committee
10 recommended this bill.
11 General Description:
12 This bill modifies the Notaries Public Reform Act by amending provisions related to
13 information that must be included in a notarial certificate.
14 Highlighted Provisions:
15 This bill:
16 . provides that a notarial certificate shall include:
17 . a description of the type of notarial act; and
18 . other material information including the name and date of the person whose
19 signature is being certified; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 46-1-16, as last amended by Laws of Utah 2008, Chapter 47

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 46-1-16 is amended to read:
31 46-1-16. Notarial acts -- Official signature -- Official seal -- Seal impression.
32 (1) In completing a notarial act, a notary shall:
33 (a) sign on the notarial certificate exactly and only the name indicated on the notary's
34 commission[.]; and
35 (b) include on the notarial certificate:
36 (i) a description of the type of notarial act; and
37 (ii) other material information, including the date and the name of the person whose
38 signature is being certified.
39 (2) (a) A notary shall keep an official notarial seal that is the exclusive property of the
40 notary and that may not be used by any other person.
41 (b) Upon the resignation, revocation, or expiration of a notarial commission, the seal
42 shall be destroyed.
43 (c) Each notarial seal obtained by a notary on or after July 1, 2003 shall use purple ink.
44 (3) (a) A new seal shall be obtained for any new commission or recommission.
45 (b) A new seal shall be obtained if the notary changes the notary's name of record at
46 any time during the notary's commission.
47 (c) The seal impression shall be affixed near the notary's official signature on a notarial
48 certificate and shall include a sharp, legible, and photographically reproducible ink impression
49 of the notarial seal that consists of:
50 (i) the notary public's name exactly as indicated on the notary's commission;
51 (ii) the words "notary public," "state of Utah," and "my commission expires on
52 (commission expiration date)";
53 (iii) for a notary seal issued on or after July 1, 2008, the notary's commission number,
54 exactly as indicated on the notary's commission;
55 (iv) a facsimile of the great seal of the state; and
56 (v) a rectangular border no larger than one inch by two and one-half inches surrounding
57 the required words and seal.
58 (4) An embossed seal impression that is not photographically reproducible may be used

59 in addition to, but not in place of, the photographically reproducible seal required in this
60 section.
61 (5) The notarial seal shall be affixed in a manner that does not obscure or render
62 illegible any information or signatures contained in the document or in the notarial certificate.
63 (6) A notary acknowledgment on an annexation, subdivision, or other map or plat is
64 considered complete without the imprint of the notary's official seal if:
65 (a) the notary signs the acknowledgment in permanent ink; and
66 (b) the following appear below or immediately adjacent to the notary's signature:
67 (i) the notary's full name and commission number appears exactly as indicated on the
68 notary's commission;
69 (ii) the words "A notary public commissioned in Utah"; and
70 (iii) the expiration date of the notary's commission.
71 (7) A notary acknowledgment on an electronic message or document is considered
72 complete without the imprint of the notary's seal if the following information appears
73 electronically within the message:
74 (a) the notary's full name and commission number appearing exactly as indicated on
75 the notary's commission; and
76 (b) the words "notary public," "state of Utah," and "my commission expires on______
77 (date)".




Legislative Review Note
as of 11-18-09 12:17 PM

Office of Legislative Research and General Counsel