H.B. 345 Enrolled

NOTARIES PUBLIC REVISION
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Katherine Bryson
AN ACT RELATING TO THE NOTARIES PUBLIC REFORM ACT; PROVIDING
DEFINITIONS; AMENDING AND RENUMBERING PROVISIONS REGARDING OATHS,
POWERS, AND LIMITATIONS; PROVIDING PROHIBITED CONDUCT; PROVIDING
FOR JOURNAL ENTRIES, STORAGE, AND INSPECTION; SETTING REQUIREMENTS
FOR AN OFFICIAL SIGNATURE AND USE OF THE ENGLISH LANGUAGE; AND
PROVIDING FOR NOTARY'S LIABILITY, REVOCATION, AND RESIGNATION.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
46-1-2, as last amended by Chapter 106, Laws of Utah 1990
46-1-3, as last amended by Chapter 43, Laws of Utah 1995
46-1-4, as last amended by Chapters 106 and 286, Laws of Utah 1990
46-1-5, as repealed and reenacted by Chapter 222, Laws of Utah 1988
46-1-12, as enacted by Chapter 222, Laws of Utah 1988
ENACTS:
46-1-20, Utah Code Annotated 1953
46-1-21, Utah Code Annotated 1953
46-1-22, Utah Code Annotated 1953
REPEALS AND REENACTS:
46-1-6, as last amended by Chapter 313, Laws of Utah 1994
46-1-7, as repealed and reenacted by Chapter 222, Laws of Utah 1988
46-1-8, as last amended by Chapter 54, Laws of Utah 1993
46-1-9, as repealed and reenacted by Chapter 222, Laws of Utah 1988
46-1-10, as last amended by Chapter 54, Laws of Utah 1993
46-1-11, as enacted by Chapter 222, Laws of Utah 1988
46-1-13, as last amended by Chapter 54, Laws of Utah 1993

46-1-14, as enacted by Chapter 222, Laws of Utah 1988
46-1-15, as enacted by Chapter 222, Laws of Utah 1988
46-1-16, as enacted by Chapter 222, Laws of Utah 1988
46-1-17, as enacted by Chapter 222, Laws of Utah 1988
46-1-18, as enacted by Chapter 106, Laws of Utah 1990
46-1-19, as enacted by Chapter 54, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 46-1-2 is amended to read:
46-1-2. Definitions.
As used in this chapter:
(1) "Acknowledgment" means a notarial act in which a notary certifies that a signer, whose
identity is personally known to the notary or proven on the basis of satisfactory evidence, has
admitted, in the notary's presence, having signed a document voluntarily for its stated purpose.
(2) "Commission" means to empower to perform notarial acts and the written authority to
perform those acts.
[(2)] (3) "Copy certification" means a notarial act in which a notary certifies that a
photocopy is an accurate copy of a document that is neither a public record nor publicly [recordable]
recorded.
[(3)] (4) "Jurat" means a notarial act in which a notary certifies that a signer, whose identity
is personally known to the notary or proven on the basis of satisfactory evidence, has made, in the
notary's presence, a voluntary signature and taken an oath or affirmation vouching for the
truthfulness of the signed document.
(5) "Notarial act" and "notarization" mean any act that a notary is empowered to perform
under this section.
[(4)] (6) "Notarial certificate" [and "certificate" mean] means the part of or attachment to a
notarized document for completion by the notary and bearing the notary's signature and seal.
(7) "Notary" means any person commissioned to perform notarial acts under this chapter.
[(5)] (8) "Oath" [and] or "affirmation" [mean] means a notarial act [or part thereof] in which

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a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty
of perjury.
(9) "Official misconduct" means a notary's performance of any act prohibited or failure to
perform any act mandated by this chapter or by any other law in connection with a notarial act.
[(6)] (10) "Personal knowledge of identity" means familiarity with an individual resulting
from interactions with that individual over a period of time sufficient to eliminate every reasonable
doubt that the individual has the identity claimed.
(11) "Satisfactory evidence of identity" means identification of an individual based on:
(a) at least two current documents, one issued by a federal or state government with the
individual's photograph, signature, and physical description, and the other by an institution, business
entity, or federal or state government with at least the individual's signature; or
(b) the oath or affirmation of a credible person who is personally known to the notary and
who personally knows the individual.
Section 2. Section 46-1-3 is amended to read:
46-1-3. Qualifications -- Commissioning -- Jurisdiction and term.
(1) Except as provided in [this section] Subsection (3), the director of the Division of
Corporations and Commercial Code shall commission as a notary any qualified person who submits
an application in accordance with this chapter.
(2) [To be] A person qualified for a notarial commission[, a person] shall:
(a) be 18 years of age or older;
(b) [be a resident of] lawfully reside in this state 30 days immediately preceding the filing
for a notarial commission and maintain permanent residency thereafter;
(c) be able to read [and], write, and understand English;
(d) submit an application to the Division of Corporations and Commercial Code containing
no significant misstatement or omission of fact and include at least:
(i) a statement of the applicant's personal qualifications, the applicant's residence address,
a business address in this state, daytime telephone number, and voter precinct number;
(ii) the applicant's age and date of birth;

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(iii) all criminal convictions of the applicant, including any pleas of admission and nolo
contendere;
(iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
notarial commission or other professional license involving the applicant in this or any other state;
(v) an examination written by the applicant;
(vi) a declaration by the applicant; and
(vii) an application fee determined under Section 63-38-3.2 ;
(e) be a registered voter in Utah or have permanent resident status under Section 245 of the
Immigration and Nationality Act; and
(f) be endorsed by two registered voters of the state.
(3) [An] The director of the Division of Corporations and Commercial Code may deny an
application [for a notarial commission may be denied] based on:
(a) the applicant's conviction for a [criminal offense] crime involving dishonesty or moral
turpitude;
(b) any revocation, suspension, or restriction of a notarial commission or professional license
issued to the applicant by this or any other state; or
(c) the applicant's official misconduct while acting in the capacity of a notary [public].
(4) [Each notary public shall be commissioned] A person commissioned as a notary by the
Division of Corporations and Commercial Code may perform notarial acts in any part of this state
for [the] a term of four years, unless the person resigned or the commission is revoked or suspended
under Section [ 46-1-16 ] 46-1-19 [, or resigned].
Section 3. Section 46-1-4 is amended to read:
46-1-4. Bond.
(1) A notarial commission may not become effective until a constitutional oath of office and
a $5,000 bond has been filed with and approved by the Division of Corporations and Commercial
Code. The bond shall be executed by a licensed surety for a term of four years commencing on the
commission's effective date and terminating on its expiration date, with payment of bond funds to
any person conditioned upon the notary's misconduct while acting in the scope of his commission.

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(2) The bond required under Subsection (1) may be executed by the Office of Risk
Management for notaries public employed by a state office or agency.
Section 4. Section 46-1-5 is amended to read:
46-1-5. Recommissioning.
An applicant for recommissioning as a notary shall submit a new application and bond and
comply with the provisions of this chapter.
Section 5. Section 46-1-6 is repealed and reenacted to read:
46-1-6. Powers and limitations.
A notary may perform the following notarial acts within the state:
(1) acknowledgments;
(2) copy certifications;
(3) jurats; and
(4) oaths or affirmations.
Section 6. Section 46-1-7 is repealed and reenacted to read:
46-1-7. Disqualifications.
A notary may not perform a notarial act if the notary:
(1) is a signer of or named in the document that is to be notarized except as provided in
Section 75-2-504 ;
(2) will receive directly from a transaction connected with a financial transaction in which
the notary is named individually as a principal; or
(3) will receive directly from a real property transaction in which the notary is named
individually as a grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor,
vendee, lessor, or lessee.
Section 7. Section 46-1-8 is repealed and reenacted to read:
46-1-8. Impartiality.
(1) A notary may not influence a person to enter into or to refuse to enter into a lawful
transaction involving a notarial act by the notary.
(2) A notary shall perform notarial acts in lawful transactions for any requesting person who

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tenders the appropriate fee specified in Section 46-1-12 .
Section 8. Section 46-1-9 is repealed and reenacted to read:
46-1-9. False or incomplete certificate.
A notary may not:
(1) execute a certificate containing a statement known by the notary to be false or materially
incomplete; or
(2) perform any notarial act with intent to deceive or defraud.
Section 9. Section 46-1-10 is repealed and reenacted to read:
46-1-10. Testimonials prohibited.
A notary may not endorse or promote any product, service, contest, or other offering if the
notary's title or seal is used in the endorsement or promotional statement.
Section 10. Section 46-1-11 is repealed and reenacted to read:
46-1-11. Unauthorized practice of law.
(1) A nonattorney notary may not provide advice or counsel to another person concerning
legal documents or legal proceedings, including immigration matters.
(2) (a) A nonattorney notary who advertises notarial services in any language other than
English shall include in the advertisement a notice that the notary public is not an attorney. The
notice must include the fees that a notary may charge pursuant to Section 46-1-12 and the following
statement:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY
NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR
ACCEPT FEES FOR LEGAL ADVICE."
(b) The notice shall be in English and in the language of the advertisement and in letters of
a conspicuous size. If the advertisement is by radio or television, the statement may be modified,
but must include substantially the same message.
(c) Literal translation of the phrase "Notary Public" into any language other than English is
prohibited if the literal translation implies that the notary is a licensed attorney. In this Subsection
(2)(c), "literal translation" means the translation of a word or phrase without regard to the true

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meaning of the word or phrase in the language that is being translated.
Section 11. Section 46-1-12 is amended to read:
46-1-12. Fees and notice.
(1) The maximum fees that may be charged by a notary [public] for notarial acts are for:
[(1)] (a) acknowledgments, $5 per signature;
[(2) oaths or affirmations without a signature, $5 per person;]
(b) certified copies, $5 per page certified;
[(3)] (c) jurats, $5 per signature; and
[(4) certified copies, $5 per page certified.]
(d) oaths or affirmations without a signature, $5 per person.
(2) A notary may charge a travel fee, not to exceed the approved federal mileage rate, when
traveling to perform a notarial act if:
(a) the notary explains to the person requesting the notarial act that the travel fee is separate
from the notarial fee in Subsection (1) and is neither specified nor mandated by law; and
(b) the notary and the person requesting the notarial act agree upon the travel fee in advance.
(3) A notary shall display an English-language schedule of fees for notarial acts and may
display a nonEnglish-language schedule of fees.
(4) (a) The fee of a notary shall not exceed $5 per individual for each set of forms relating
to a change of that individual's immigration status.
(b) The fee limitation in Subsection (4)(a) shall apply whether or not the notary is acting as
a notary but does not apply to a licensed attorney, who is also a notary rendering professional
services regarding immigration matters.
Section 12. Section 46-1-13 is repealed and reenacted to read:
46-1-13. Journal may be kept.
A notary may keep, maintain, and protect as a public record, and provide for lawful
inspection a chronological, permanently bound official journal of notarial acts, containing numbered
pages.
Section 13. Section 46-1-14 is repealed and reenacted to read:

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46-1-14. Entries in journal.
(1) For every notarial act, the notary may record in the journal at the time of notarization the
following information including:
(a) the date and time of day of the notarial act;
(b) the type of notarial act;
(c) a description of the document or proceeding;
(d) the signature and printed name and address of each person for whom a notarial act is
performed;
(e) the evidence of identity of each person for whom a notarial act is performed, in the form
of either:
(i) a statement that the person is "personally known" to the notary; or
(ii) a description of the identification document, its issuing agency, its serial or identification
number, and its date of issuance or expiration; and
(iii) the signature and printed name and address of a credible witness swearing or affirming
to the person's identity; and
(f) the fee, if any, charged for the notarial act.
(2) A notary may record in the journal the circumstances in refusing to perform or complete
a notarial act.
Section 14. Section 46-1-15 is repealed and reenacted to read:
46-1-15. Inspection of journal -- Safekeeping and custody of journal.
If a notary maintains a journal, the notary shall:
(1) safeguard the journal and all other notarial records as valuable public documents and may
not destroy the documents; and
(2) keep the journal in the exclusive custody of the notary, not to be used by any other notary
or surrendered to an employer upon termination of employment.
Section 15. Section 46-1-16 is repealed and reenacted to read:
46-1-16. Official signature -- Official seal -- Seal impression.
(1) In completing a notarial act, a notary shall sign on the notarial certificate exactly and

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only the name indicated on the notary's commission.
(2) A notary shall keep an official notarial seal that is the exclusive property of the notary
and that may not be used by any other person. Upon the resignation, revocation, or expiration of a
notarial commission, the seal shall be destroyed.
(3) A new seal shall be obtained for any new commission or recommission. A new seal shall
be obtained if the notary changes the notary's name or address of record at any time during the
notary's four-year commission. The seal impression shall be affixed near the notary's official
signature on a notarial certificate and shall include a sharp, legible, and photographically
reproducible ink impression of the notarial seal that consists of:
(a) the notary public's name exactly as indicated on the commission;
(b) the words "notary public," "state of Utah," and "my commission expires (commission
expiration date)";
(c) the address of the notary's business or residence;
(d) a facsimile of the great seal of the state of Utah; and
(e) a rectangular border no larger than one inch by two and one-half inches surrounding the
required words and seal.
(4) An embossed seal impression that is not photographically reproducible may be used in
addition to, but not in place of, the photographically reproducible seal required in this section.
(5) The notarial seal shall be affixed in a manner that does not obscure or render illegible
any information or signatures contained in the document or in the notarial certificate.
(6) A notary acknowledgment on an annexation, subdivision, or other transparent map or
plat is considered complete without the imprint of the notary's official seal if:
(a) the notary signs the acknowledgment in permanent ink; and
(b) the following appear below or immediately adjacent to the notary's signature:
(i) the notary's full name;
(ii) the words "A notary public commissioned in Utah"; and
(iii) the expiration date of the notary's commission.
Section 16. Section 46-1-17 is repealed and reenacted to read:

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46-1-17. Obtaining a seal.
(1) A vendor may not provide a notarial seal, either inking or embossing, to a person
claiming to be a notary, unless the person presents a photocopy of the person's notarial commission,
attached to a notarized declaration substantially as follows:
Application for Notary Seal
I, __________________ (name of person requesting seal), declare that I am a notary public
duly commissioned by the state of Utah with a commission starting date of __________, a
commission expiration date of_______________, and a commission number of ___________. As
evidence, I attach to this paper a photocopy of my commission.
(2) A vendor who provides a notarial seal in violation of this section is guilty of a class B
misdemeanor.
Section 17. Section 46-1-18 is repealed and reenacted to read:
46-1-18. Liability.
(1) A notary may be liable to any person for any damage to that person proximately caused
by the notary's misconduct in performing a notarization.
(2) A surety for a notary's bond may be liable to any person for damages proximately caused
to that person by the notary's misconduct in performing a notarization, but the surety's liability may
not exceed the penalty of the bond or of any remaining bond funds that have not been expended to
other claimants. Regardless of the number of claimants, a surety's total liability may not exceed the
penalty of the bond.
(3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
(a) a notary to perform an act in violation of Section 46-1-9; or
(b) the employer of a notary to solicit the notary to perform a notarial act in violation of this
chapter.
Section 18. Section 46-1-19 is repealed and reenacted to read:
46-1-19. Revocation or suspension.
The Division of Corporations and Commercial Code may revoke or suspend a notarial
commission on any ground for which an application for a notarial commission may be denied under

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Section 46-1-3 .
Section 19. Section 46-1-20 is enacted to read:
46-1-20. Change of name or address.
(1) Within 30 days after the change of the notary's name or address, the notary shall provide
to the Division of Corporations and Commercial Code a bond policy rider.
(2) To obtain a bond policy rider, the notary shall:
(a) notify the surety for the notary's bond;
(b) obtain a bond policy rider reflecting both the old and new name of the notary or the old
and new address of the notary;
(c) return a bond policy rider, the original "Certificate of Authority of Notary Public";
(d) pay a $5 fee; and
(e) destroy the old official seal.
Section 20. Section 46-1-21 is enacted to read:
46-1-21. Resignation.
(1) A notary who resigns a notarial commission shall provide to the Division of Corporations
and Commercial Code a notice indicating the effective date of resignation.
(2) A notary who ceases to reside in this state or who becomes unable to read and write as
provided in Section 46-1-3 shall resign the commission.
(3) A notary who resigns shall destroy the official seal and certificate.
Section 21. Section 46-1-22 is enacted to read:
46-1-22. Notice not invalidated.
If a notarial act is performed contrary to or in violation of this chapter, that fact does not of
itself invalidate notice to third parties of the contents of the document notarized.

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