S.B. 107

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NOTARY ON ELECTRONIC DOCUMENT
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Craig A. Peterson
5 AN ACT RELATING TO NOTARIZATION AND AUTHENTICATION; AMENDING
6 PROVISIONS REGARDING A NOTARY'S OFFICIAL SIGNATURE; AND MAKING
7 TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 46-1-13, as last amended by Chapter 54, Laws of Utah 1993
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 46-1-13 is amended to read:
13 46-1-13. Official signature -- Official seal -- Seal impression.
14 (1) In completing a notarial act, a notary shall sign on the notarial certificate exactly and
15 only the name indicated on the notary's commission.
16 (2) A notary public shall keep an official notarial seal that is the exclusive property of the
17 notary public and that may not be used by any other person. Upon the resignation, revocation, or
18 expiration of a notarial commission or upon death of a notary public, the seal shall be destroyed.
19 (3) A new seal shall be obtained for any new commission or recommission after July 1,
20 1990. The seal impression shall be affixed near the notary's official signature on a notarial
21 certificate and shall include a sharp, legible, and photographically reproducible ink impression of
22 the notarial seal that consists of:
23 (a) the notary public's name exactly as indicated on the commission;
24 (b) the words "notary public," "state of Utah," and "my commission expires (commission
25 expiration date)";
26 (c) the address of the notary's business or residence;
27 (d) a facsimile of the great seal of the state of Utah; and

1 (e) a rectangular border no larger than one inch by two and one-half inches surrounding
2 the required words and seal.
3 (4) Notwithstanding Subsection (3), a seal obtained for any existing notarial commission
4 which complied with the statutory requirements for seals in effect at the time the commission was
5 issued may continue to be used until the expiration of the original commission.
6 (5) An embossed seal impression that is not photographically reproducible may be used
7 in addition to, but not in place of, the photographically reproducible seal required in this section.
8 (6) The notarial seal shall be affixed in a manner that does not obscure or render illegible
9 any information or signatures contained in the document or in the notarial certificate.
10 (7) A notary acknowledgement on an annexation, subdivision, or other transparent map
11 or plat is considered complete without the imprint of the notary's official seal if:
12 (a) the notary signs the acknowledgement in permanent ink; and
13 (b) the following appear below or immediately adjacent to the notary's signature:
14 (i) the notary's full name;
15 (ii) the words "A notary public commissioned in Utah"; and
16 (iii) the expiration date of the notary's commission.
17 (8) A notary acknowledgement on an electronic message or document is considered
18 complete without the imprint of the notary's seal if:
19 (a) the electronic message or document has been digitally signed pursuant to Section
20 46-3-401 in the presence of a notary;
21 (b) the notary has confirmed that the digital signature on the electronic message or
22 document is verifiable by the public key listed in the certificate issued to the signer in accordance
23 with Section 46-3-403;
24 (c) the notary electronically signs the acknowledgement with a digital signature pursuant
25 to Section 46-3-401; and
26 (d) the following information appears electronically within the message digitally signed
27 by the notary:
28 (i) the notary's full name and commission number exactly as indicated on their
29 commission; and
30 (ii) the words "notary public," "state of Utah," and "my commission expires on______
31 (date)"; and

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1 (iii) the address of the notary's business or residence exactly as indicated on their
2 commission.




Legislative Review Note
as of 12-11-97 1:02 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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