H.B. 95

1

NOTARIES PUBLIC REVISION
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Katherine Bryson
5 AN ACT RELATING TO THE NOTARIES PUBLIC REFORM ACT; PROVIDING
6 DEFINITIONS; AMENDING AND RENUMBERING PROVISIONS REGARDING OATHS,
7 POWERS, AND LIMITATIONS; PROVIDING PROHIBITED CONDUCT; PROVIDING
8 FOR JOURNAL ENTRIES, STORAGE, AND INSPECTION; PERMITTING NOTARY
9 ACKNOWLEDGMENT OF AN ELECTRONIC MESSAGE OR DOCUMENT; SETTING
10 REQUIREMENTS FOR AN OFFICIAL SIGNATURE AND USE OF THE ENGLISH
11 LANGUAGE; AND PROVIDING FOR NOTARY'S LIABILITY, REVOCATION,
12 RESIGNATION, AND DEATH.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 46-1-2, as last amended by Chapter 106, Laws of Utah 1990
16 46-1-3, as last amended by Chapter 43, Laws of Utah 1995
17 46-1-4, as last amended by Chapters 106 and 286, Laws of Utah 1990
18 46-1-5, as repealed and reenacted by Chapter 222, Laws of Utah 1988
19 46-1-12, as enacted by Chapter 222, Laws of Utah 1988
20 ENACTS:
21 46-1-20, Utah Code Annotated 1953
22 46-1-21, Utah Code Annotated 1953
23 46-1-22, Utah Code Annotated 1953
24 46-1-23, Utah Code Annotated 1953
25 46-1-24, Utah Code Annotated 1953
26 46-1-25, Utah Code Annotated 1953
27 REPEALS AND REENACTS:

1 46-1-6, as last amended by Chapter 313, Laws of Utah 1994
2 46-1-7, as repealed and reenacted by Chapter 222, Laws of Utah 1988
3 46-1-8, as last amended by Chapter 54, Laws of Utah 1993
4 46-1-9, as repealed and reenacted by Chapter 222, Laws of Utah 1988
5 46-1-10, as last amended by Chapter 54, Laws of Utah 1993
6 46-1-11, as enacted by Chapter 222, Laws of Utah 1988
7 46-1-13, as last amended by Chapter 54, Laws of Utah 1993
8 46-1-14, as enacted by Chapter 222, Laws of Utah 1988
9 46-1-15, as enacted by Chapter 222, Laws of Utah 1988
10 46-1-16, as enacted by Chapter 222, Laws of Utah 1988
11 46-1-17, as enacted by Chapter 222, Laws of Utah 1988
12 46-1-18, as enacted by Chapter 106, Laws of Utah 1990
13 46-1-19, as enacted by Chapter 54, Laws of Utah 1993
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 46-1-2 is amended to read:
16 46-1-2. Definitions.
17 As used in this chapter:
18 (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer, whose
19 identity is personally known to the notary or proven on the basis of satisfactory evidence, has
20 admitted, in the notary's presence, having signed a document voluntarily for its stated purpose.
21 (2) "Commission" means to empower to perform notarial acts and the written authority
22 to perform those acts.
23 [(2)] (3) "Copy certification" means a notarial act in which a notary certifies that a
24 photocopy is an accurate copy of a document that is neither a public record nor publicly
25 recordable.
26 [(3)] (4) "Jurat" means a notarial act in which a notary certifies that a signer, whose
27 identity is personally known to the notary or proven on the basis of satisfactory evidence, has
28 made, in the notary's presence, a voluntary signature and taken an oath or affirmation vouching
29 for the truthfulness of the signed document.
30 (5) "Notarial act" and "notarization" mean any act that a notary is empowered to perform
31 under Section 46-1-2.

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1 [(4)] (6) "Notarial certificate" [and "certificate" mean] means the part of or attachment to
2 a notarized document for completion by the notary and bearing the notary's signature and seal.
3 (7) "Notary" means any person commissioned to perform notarial acts under this chapter.
4 [(5)] (8) "Oath" [and] or "affirmation" [mean] means a notarial act [or part thereof] in
5 which a notary certifies that a person made a vow or affirmation in the presence of the notary on
6 penalty of perjury.
7 (9) "Official misconduct" means h [:
8 (a) ] h a notary's performance of h [ or failure to perform ] h any act prohibited or
8a h FAILURE TO PERFORM ANY ACT h mandated by this
9 chapter or by any other law in connection with a notarial act h [; or ] . h
10 h [(b) a notary's performance of a notarial act in a manner found by the Division of
11 Corporations and Commercial Code to be negligent or against the public interest. ] h
12 [(6)] (10) "Personal knowledge of identity" means familiarity with an individual resulting
13 from interactions with that individual over a period of time sufficient to eliminate every reasonable
14 doubt that the individual has the identity claimed.
15 (11) "Satisfactory evidence of identity" means identification of an individual based on:
16 (a) at least two current documents, one issued by a federal or state government with the
17 individual's photograph, signature, and physical description, and the other by an institution,
18 business entity, or federal or state government with at least the individual's signature; or
19 (b) the oath or affirmation of a credible person who is personally known to the notary and
20 who personally knows the individual.
21 Section 2. Section 46-1-3 is amended to read:
22 46-1-3. Qualifications -- Commissioning -- Jurisdiction and term.
23 (1) Except as provided in [this section] Subsection (3), the director of the Division of
24 Corporations and Commercial Code shall commission as a notary any qualified person who
25 submits an application in accordance with this chapter.
26 (2) [To be] A person qualified for a notarial commission[, a person] shall:
27 (a) be 18 years of age or older;
28 (b) [be a resident of] lawfully reside in this state 30 days immediately preceding the filing
29 for a notarial commission and maintain permanent residency thereafter;
30 (c) be able to read [and], write, and understand English;
31 (d) submit an application to the Division of Corporations and Commercial Code

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1 containing no significant misstatement or omission of fact and include at least:
2 (i) a statement of the applicant's personal qualifications, the applicant's residence address,
3 a business address in this state, daytime telephone number, and voter precinct number;
4 (ii) the applicant's age and date of birth;
5 (iii) all criminal convictions of the applicant, including any pleas of admission and nolo
6 contendere;
7 (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
8 notarial commission or other professional license involving the applicant in this or any other state;
9 (v) an examination written by the applicant;
10 (vi) a declaration by the applicant; and
11 (vii) an application fee determined under Section 63-38-3.2;
12 (e) be a registered voter in Utah or have permanent resident status under Section 245 of
13 the Immigration and Nationality Act; and
14 (f) be endorsed by two registered voters of the state.
15 (3) [An] The director of the Division of Corporations and Commercial Code may deny an
16 application [for a notarial commission may be denied] based on:
17 (a) the applicant's conviction for a [criminal offense] crime involving dishonesty or moral
18 turpitude;
19 (b) any revocation, suspension, or restriction of a notarial commission or professional
20 license issued to the applicant by this or any other state; or
21 (c) the applicant's official misconduct while acting in the capacity of a notary [public].
22 (4) [Each notary public shall be commissioned] A person commissioned as a notary by the
23 Division of Corporations and Commercial Code may perform notarial acts in any part of this state
24 for [the] a term of four years, unless the person resigned or the commission is revoked or
25 suspended under Section [46-1-16] 46-1-20[, or resigned].
26 Section 3. Section 46-1-4 is amended to read:
27 46-1-4. Bond.
28 (1) A notarial commission may not become effective until a constitutional oath of office
29 and a $5,000 bond has been filed with and approved by the Division of Corporations and
30 Commercial Code. The bond shall be executed by a licensed surety for a term of four years
31 commencing on the commission's effective date and terminating on its expiration date, with

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1 payment of bond funds to any person conditioned upon the notary's misconduct while acting in
2 the scope of his commission.
3 (2) The bond required under Subsection (1) may be executed by the Office of Risk
4 Management for notaries public employed by a state office or agency.
5 Section 4. Section 46-1-5 is amended to read:
6 46-1-5. Recommissioning.
7 An applicant for recommissioning as a notary shall submit a new application and bond and
8 comply with the provisions of this chapter.
9 Section 5. Section 46-1-6 is repealed and reenacted to read:
10 46-1-6. Powers and limitations.
11 A notary may perform the following notarial acts within the state:
12 (1) acknowledgments;
13 (2) copy certifications;
14 (3) jurats; and
15 (4) oaths or affirmations.
16 Section 6. Section 46-1-7 is repealed and reenacted to read:
17 46-1-7. Disqualifications.
18 A notary may not perform a notarial act if the notary:
19 (1) is a signer of or named in the document that is to be notarized;
20 (2) will receive directly from a transaction connected with a financial transaction in which
21 the notary is named individually as a principal;
22 (3) will receive directly from a real property transaction in which the notary is named
23 individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor,
24 vendee, lessor, or lessee; or
25 (4) is related to the person whose signature is to be notarized as a spouse, sibling, or lineal
26 ascendant or descendant, or through marriage.
27 Section 7. Section 46-1-8 is repealed and reenacted to read:
28 46-1-8. Impartiality.
29 (1) A notary may not influence a person to enter into or to refuse to enter into a lawful
30 transaction involving a notarial act by the notary.
31 (2) A notary shall perform notarial acts in lawful transactions for any requesting person

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1 who tenders the appropriate fee specified in Section 46-1-12.
2 Section 8. Section 46-1-9 is repealed and reenacted to read:
3 46-1-9. False or incomplete certificate.
4 A notary may not:
5 (1) execute a certificate containing a statement known by the notary to be false or
6 materially incomplete; or
7 (2) perform any official action with intent to deceive or defraud.
8 Section 9. Section 46-1-10 is repealed and reenacted to read:
9 46-1-10. Testimonials prohibited.
10 A notary may not endorse or promote any product, service, contest, or other offering if the
11 notary's title or seal is used in the endorsement or promotional statement.
12 Section 10. Section 46-1-11 is repealed and reenacted to read:
13 46-1-11. Unauthorized practice of law.
14 (1) A nonattorney notary may complete but may not select a notarial certificate and may
15 not assist another person in drafting, completing, selecting, or understanding a document or
16 transaction requiring a notarial act.
17 (2) This section may not preclude a notary who is duly qualified in a particular profession
18 from giving advice relating to matters in that professional field.
19 (3) A notary may not make representations to have powers, qualifications, rights, or
20 privileges that the office of notary does not have, including the power to counsel on immigration
21 matters.
22 (4) (a) A nonattorney notary who advertises notarial services in any language whether by
23 signs, pamphlets, stationary, or other written communication or by radio or television, shall post
24 or otherwise include in the advertisement a notice that the notary public is not an attorney.
25 (b) The notice shall be in English and in the language of the advertisement and in letters
26 of a conspicuous size. If the advertisement is by radio or television, the statement may be
27 modified, but must include substantially the same message. The notice must include the fees that
28 a notary may charge pursuant to Section 46-1-12 and the following statement:
29 "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY
30 NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER
31 OR ACCEPT FEES FOR LEGAL ADVICE."

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1 (c) Literal translation of the phrase "Notary Public" into any language other than English
2 is prohibited if the literal translation implies that the notary is a licensed attorney. In this
3 Subsection (c), "literal translation" means the translation of a word or phrase without regard to the
4 true meaning of the word or phrase in the language that is being translated.
5 Section 11. Section 46-1-12 is amended to read:
6 46-1-12. Fees and notice.
7 (1) The maximum fees that may be charged by a notary [public] for notarial acts are for:
8 [(1)] (a) acknowledgments, $5 per signature;
9 [(2) oaths or affirmations without a signature, $5 per person;]
10 (b) certified copies, $5 per page certified;
11 [(3)] (c) jurats, $5 per signature; and
12 [(4) certified copies, $5 per page certified.]
13 (d) oaths or affirmations without a signature, $5 per person.
14 (2) A notary may charge a travel fee when traveling to perform a notarial act if:
15 (a) the notary explains to the person requesting the notarial act that the travel fee is
16 separate from the notarial fee in Subsection (1) and is neither specified nor mandated by law; and
17 (b) the notary and the person requesting the notarial act agree upon the travel fee in
18 advance.
19 (3) A notary shall display an English-language schedule of fees for notarial acts and may
20 display a nonEnglish-language schedule of fees.
21 (4) The fee of a notary, exclusive of signature verification, may not exceed $10 per
22 individual for each set of forms relating to a change of that individual's immigration status. This
23 fee limitation shall apply whether or not the notary is acting in his capacity as a notary but may
24 not apply to a licensed attorney, who is also a notary rendering professional services regarding
25 immigration matters.
26 Section 12. Section 46-1-13 is repealed and reenacted to read:
27 46-1-13. Journal.
28 A notary shall keep, maintain, and protect as a public record, and provide for lawful
29 inspection a chronological, permanently bound official journal of notarial acts, containing
30 numbered pages.
31 Section 13. Section 46-1-14 is repealed and reenacted to read:

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1 46-1-14. Entries in journal.
2 (1) For every notarial act, the notary shall record in the journal at the time of notarization
3 the following information including:
4 (a) the date and time of day of the notarial act;
5 (b) the type of notarial act;
6 (c) a description of the document or proceeding;
7 (d) the signature and printed name and address of each person for whom a notarial act is
8 performed;
9 (e) the evidence of identity of each person for whom a notarial act is performed, in the
10 form of either:
11 (i) a statement that the person is "personally known" to the notary; or
12 (ii) a description of the identification document, its issuing agency, its serial or
13 identification number, and its date of issuance or expiration; and
14 (iii) the signature and printed name and address of a credible witness swearing or affirming
15 to the person's identity; and
16 (f) the fee, if any charged for the notarial act.
17 (2) A notary shall record in the journal the circumstances in refusing to perform or
18 complete a notarial act.
19 Section 14. Section 46-1-15 is repealed and reenacted to read:
20 46-1-15. Signatures in journal.
21 At the time of notarization, the notary's journal shall be signed, as applicable, by:
22 (1) the person for whom a notarial act is performed; and
23 (2) the two witnesses to a signature by mark of the document that is notarized.
24 Section 15. Section 46-1-16 is repealed and reenacted to read:
25 46-1-16. Inspection of journal -- Safekeeping and custody of journal.
26 (1) A journal of notarial acts is an official public record that may be inspected in the
27 notary's presence by any individual whose identity is personally known to the notary or proven on
28 the basis of satisfactory evidence, who specified the notarial act sought, and who signs the notary's
29 journal.
30 (2) A notary shall safeguard the journal and all other notarial records as valuable public
31 documents and may not destroy the documents.

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1 (3) The journal shall be kept in the exclusive custody of the notary and may not be used
2 by any other notary or surrendered to an employer upon termination of employment.
3 Section 16. Section 46-1-17 is repealed and reenacted to read:
4 46-1-17. Official signature -- Official seal -- Seal impression.
5 (1) In completing a notarial act, a notary shall sign on the notarial certificate exactly and
6 only the name indicated on the notary's commission.
7 (2) A notary shall keep an official notarial seal that is the exclusive property of the notary
8 and that may not be used by any other person. Upon the resignation, revocation, or expiration of
9 a notarial commission or upon death of a notary, the seal shall be destroyed.
10 (3) A new seal shall be obtained for any new commission or recommission. A new seal
11 shall be obtained if the notary changes the notary's name or address of record at any time during
12 the notary's four-year commission. The seal impression shall be affixed near the notary's official
13 signature on a notarial certificate and shall include a sharp, legible, and photographically
14 reproducible ink impression of the notarial seal that consists of:
15 (a) the notary public's name exactly as indicated on the commission;
16 (b) the words "notary public," "state of Utah," and "my commission expires (commission
17 expiration date)";
18 (c) the address of the notary's business or residence;
19 (d) a facsimile of the great seal of the state of Utah; and
20 (e) a rectangular border no larger than one inch by two and one-half inches surrounding
21 the required words and seal.
22 (4) An embossed seal impression that is not photographically reproducible may be used
23 in addition to, but not in place of, the photographically reproducible seal required in this section.
24 (5) The notarial seal shall be affixed in a manner that does not obscure or render illegible
25 any information or signatures contained in the document or in the notarial certificate.
26 (6) A notary acknowledgment on an annexation, subdivision, or other transparent map or
27 plat is considered complete without the imprint of the notary's official seal if:
28 (a) the notary signs the acknowledgment in permanent ink; and
29 (b) the following appear below or immediately adjacent to the notary's signature:
30 (i) the notary's full name;
31 (ii) the words "A notary public commissioned in Utah"; and

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1 (iii) the expiration date of the notary's commission.
2 (7) A notary acknowledgment on an electronic message or document, "message," is
3 considered complete without the imprint of the notary's official seal if:
4 (a) the message has been digitally signed pursuant to Section 46-3-401, satisfaction of
5 signatures requirement, in the presence of a notary;
6 (b) the notary signs the acknowledgment with a digital signature pursuant to Section
7 46-3-401, satisfaction of signatures requirement; and
8 (c) the following appears appended to the message:
9 (i) the notary's full name exactly as indicated on the commission;
10 (ii) the notary's commission number as indicated on the commission;
11 (iii) the words "notary public," "state of Utah," and "my commission expires (commission
12 expiration date)"; and
13 (d) the address of the notary's business or residence exactly as indicated on the
14 commission.
15 Section 17. Section 46-1-18 is repealed and reenacted to read:
16 46-1-18. Obtaining a seal.
17 A vendor may not provide a notarial seal, either inking or embossing, to a person claiming
18 to be a notary, unless the person presents the following documents, which the vendor must retain
19 for a period of four years or for the duration of the commission:
20 (1) a photocopy of the person's notarial commission, attached to a notarized declaration
21 substantially as follows:
22 Application for Notary Seal
23 I, __________________ (name of person requesting seal), declare that I am a notary public
24 duly commissioned by the state of Utah with a commission starting date of __________, a
25 commission expiration date of_______________, and a commission number of ___________.
26 As evidence, I attach to this paper a photocopy of my commission.
27

___________________ (signature of person requesting seal)

28 (2) A vendor who fails to keep a document specified in this section is guilty of a class B
29 misdemeanor, punishable upon conviction by a fine not exceeding $1,000.
30 Section 18. Section 46-1-19 is repealed and reenacted to read:
31 46-1-19. Liability.

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1 (1) A notary is liable to any person for all damage to that person proximately caused by
2 the notary's misconduct in performing a notarization.
3 (2) A surety for a notary's bond is liable to any person for damages proximately caused
4 to that person by the notary's misconduct in performing a notarization, but the surety's liability
5 may not exceed the penalty of the bond or of any remaining bond funds that have not been
6 expended to other claimants. Regardless of the number of claimants, a surety's total liability may
7 not exceed the penalty of the bond.
8 (3) It is a class B misdemeanor for the employer of a notary to require the notary to
9 perform a notarial act in violation of this chapter.
10 Section 19. Section 46-1-20 is enacted to read:
11 46-1-20. Revocation or suspension.
12 The Division of Corporations and Commercial Code may revoke or suspend a notarial
13 commission on any ground for which an application for a notarial commission may be denied
14 under Section 46-1-3.
15 Section 20. Section 46-1-21 is enacted to read:
16 46-1-21. Change of name or address.
17 (1) Within 30 days after the change of the notary's name or address, the notary shall deliver
18 to the Division of Corporations and Commercial Code a bond policy rider.
19 (2) To obtain a bond policy rider, the notary shall:
20 (a) notify the surety for the notary's bond;
21 (b) obtain a bond policy rider reflecting both the old and new name of the notary or the
22 old and new address of the notary;
23 (c) return a bond policy rider, the original "Certificate of Authority of Notary Public";
24 (d) pay a $5 fee; and
25 (e) destroy the old official seal.
26 Section 21. Section 46-1-22 is enacted to read:
27 46-1-22. Resignation.
28 (1) A notary who resigns a notarial commission shall deliver to the Division of
29 Corporations and Commercial Code a notice indicating the effective date of resignation.
30 (2) A notary who ceases to reside in this state or who becomes unable to read and write
31 as provided in Section 46-1-3 shall resign the commission.

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1 (3) A notary who resigns shall destroy the official seal and certificate.
2 Section 22. Section 46-1-23 is enacted to read:
3 46-1-23. Death.
4 If a notary dies during the term of the commission, the notary's heirs or personal
5 representative, as soon as reasonably practicable after death, shall:
6 (1) destroy the official seal and certificate; and
7 (2) deliver a signed notice of the date of death to the Division of Corporations and
8 Commercial Code.
9 Section 23. Section 46-1-24 is enacted to read:
10 46-1-24. Notice not invalidated.
11 If a notarial act is performed contrary to or in violation of this chapter, that fact does not
12 of itself invalidate notice to third parties of the contents of the document notarized.
13 Section 24. Section 46-1-25 is enacted to read:
14 46-1-25. Notarial acts affecting real property.
15 Notarial acts affecting real property in this state shall be performed in conformance with
16 Title 57, Real Estate.




Legislative Review Note
as of 1-6-97 12:32 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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