1     
REMOTE NOTARIZATION STANDARDS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Craig Hall

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     Committee Note:
9          The Government Operations Interim Committee recommended this bill.
10     General Description:
11          This bill modifies the Notaries Public Reform Act to allow a notarization to be
12     performed remotely.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     establishes requirements for and a process by which the lieutenant governor may
17     certify a notary as a remote notary;
18          ▸     establishes requirements for the process by which a remote notary may perform a
19     remote notarization, including standards for:
20               •     determining and individual's identity; and
21               •     the equipment, software, and hardware by which a remote notary may perform a
22     remote notarization;
23          ▸     grants rulemaking authority to the director of elections in the Office of the
24     Lieutenant Governor;
25          ▸     amends the fees a notary may charge for performing a notarization;
26          ▸     requires a remote notary to keep an electronic journal, including an audio and video
27     recording, of each notarization the remote notary performs;
28          ▸     amends provisions related to the security, maintenance, and custody of a notary's
29     journal;
30          ▸     amends provisions related to the obtaining, use, surrendering, and destruction of a
31     notary's official seal; and
32          ▸     makes technical and conforming changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          None
37     Utah Code Sections Affected:
38     AMENDS:
39          46-1-2, as last amended by Laws of Utah 2017, Chapter 259
40          46-1-3, as last amended by Laws of Utah 2017, Chapter 259
41          46-1-4, as last amended by Laws of Utah 2017, Chapter 259
42          46-1-6, as repealed and reenacted by Laws of Utah 2017, Chapter 259
43          46-1-6.5, as enacted by Laws of Utah 2017, Chapter 259
44          46-1-10, as repealed and reenacted by Laws of Utah 1998, Chapter 287
45          46-1-12, as last amended by Laws of Utah 1998, Chapter 287
46          46-1-13, as repealed and reenacted by Laws of Utah 1998, Chapter 287
47          46-1-14, as last amended by Laws of Utah 2006, Chapter 21
48          46-1-15, as last amended by Laws of Utah 2017, Chapter 259
49          46-1-16, as last amended by Laws of Utah 2017, Chapter 259
50          46-1-17, as repealed and reenacted by Laws of Utah 1998, Chapter 287
51          46-1-18, as last amended by Laws of Utah 2017, Chapter 259
52          46-1-21, as last amended by Laws of Utah 2003, Chapter 136
53     ENACTS:
54          46-1-3.5, Utah Code Annotated 1953
55          46-1-3.6, Utah Code Annotated 1953
56          46-1-3.7, Utah Code Annotated 1953
57     

58     Be it enacted by the Legislature of the state of Utah:
59          Section 1. Section 46-1-2 is amended to read:
60          46-1-2. Definitions.
61          As used in this chapter:
62          (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
63     whose identity is personally known to the notary or proven on the basis of satisfactory
64     evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
65     document's stated purpose.
66          (2) "Commission" means:
67          (a) to empower to perform notarial acts; or
68          (b) the written document that gives authority to perform notarial acts, including the
69     Certificate of Authority of Notary Public that the lieutenant governor issues to a notary.
70          (3) "Copy certification" means a notarial act in which a notary certifies that a
71     photocopy is an accurate copy of a document that is neither a public record nor publicly
72     recorded.
73          (4) "Electronic seal" means an electronic version of the seal described in Section
74     46-1-16, that conforms with rules made under Subsection 46-1-3.7(1)(d), that a remote notary
75     may attach to a notarial certificate to complete a remote notarization.
76          [(4)] (5) "Electronic signature" means the same as that term is defined in Section
77     46-4-102.
78          (6) "In the presence of the notary" means that an individual:
79          (a) is physically present with the notary in close enough proximity to see and hear the
80     notary; or
81          (b) communicates with a remote notary by means of an electronic device or process
82     that:
83          (i) allows the individual and remote notary to communicate with one another
84     simultaneously by sight and sound; and
85          (ii) complies with rules made under Section 46-1-3.7.
86          [(5)] (7) "Jurat" means a notarial act in which a notary certifies:
87          (a) the identity of a signer who:
88          (i) is personally known to the notary; or
89          (ii) provides the notary satisfactory evidence of the signer's identity;
90          (b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
91     and
92          (c) that the signer voluntarily signs the document in the presence of the notary.
93          [(6)] (8) "Notarial act" or "notarization" means an act that a notary is authorized to
94     perform under Section 46-1-6.
95          [(7)] (9) "Notarial certificate" means the affidavit described in Section 46-1-6.5 that is:
96          (a) a part of or attached to a notarized document; and
97          (b) completed by the notary and bears the notary's signature and official seal.
98          [(8)] (10) (a) "Notary" means [any person] an individual commissioned to perform
99     notarial acts under this chapter.
100          (b) "Notary" includes a remote notary.
101          [(9)] (11) "Oath" or "affirmation" means a notarial act in which a notary certifies that a
102     person made a vow or affirmation in the presence of the notary on penalty of perjury.
103          [(10)] (12) "Official misconduct" means a notary's performance of any act prohibited or
104     failure to perform any act mandated by this chapter or by any other law in connection with a
105     notarial act.
106          (13) (a) "Official seal" means the seal described in Section 46-1-16 that a notary may
107     attach to a notarial certificate to complete a notarization.
108          (b) "Official seal" includes an electronic seal.
109          [(11)] (14) "Personally known" means familiarity with an individual resulting from
110     interactions with that individual over a period of time sufficient to eliminate every reasonable
111     doubt that the individual has the identity claimed.
112          (15) "Remote notarization" means a notarial act performed by a remote notary in
113     accordance with this chapter for an individual who is not in the physical presence of the remote
114     notary at the time the remote notary performs the notarial act.
115          (16) "Remote notary" means a notary that holds an active remote notary certification
116     under Section 46-1-3.5.
117          [(12)] (17) (a) "Satisfactory evidence of identity" means:
118          (i) for both an in-person and remote notarization, identification of an individual based
119     on:
120          [(i)] (A) subject to Subsection (17)(b), valid personal identification with the
121     individual's photograph, signature, and physical description that the United States government,
122     any state within the United States, or a foreign government issues;
123          [(ii)] (B) subject to Subsection (17)(b), a valid passport that any nation issues; or
124          [(iii)] (C) the oath or affirmation of a credible person who is personally known to the
125     notary and who personally knows the individual[.]; and
126          (ii) for a remote notarization only, a third party's affirmation of an individual's identity
127     in accordance with rules made under Section 46-1-3.7 by means of:
128          (A) dynamic knowledge-based authentication, which may include requiring the
129     individual to answer questions about the individual's personal information obtained from
130     public or proprietary data sources; or
131          (B) analysis of the individual's biometric data, which may include facial recognition,
132     voiceprint analysis, or fingerprint analysis.
133          (b) "Satisfactory evidence of identity," for a remote notarization, requires the
134     identification described in Subsection (17)(a)(i)(A) or passport described in Subsection
135     (17)(a)(i)(B) to be verified through public or proprietary data sources in accordance with rules
136     made under Section 46-1-3.7.
137          [(b)] (c) "Satisfactory evidence of identity" does not include:
138          (i) a driving privilege card under Subsection 53-3-207(10); or
139          (ii) another document that is not considered valid for identification.
140          [(13)] (18) "Signature witnessing" means a notarial act in which an individual:
141          (a) appears in person before a notary and presents a document;
142          (b) provides the notary satisfactory evidence of the individual's identity, or is
143     personally known to the notary; and
144          (c) signs the document in the presence of the notary.
145          Section 2. Section 46-1-3 is amended to read:
146          46-1-3. Qualifications -- Application for notarial commission required -- Term.
147          (1) Except as provided in Subsection (3), and subject to Section 46-1-3.5, the
148     lieutenant governor shall commission as a notary any qualified person who submits an
149     application in accordance with this chapter.
150          (2) To qualify for a notarial commission an individual shall:
151          (a) be at least 18 years old;
152          (b) lawfully reside in the state for at least 30 days immediately before the individual
153     applies for a notarial commission;
154          (c) be able to read, write, and understand English;
155          (d) submit an application to the lieutenant governor containing no significant
156     misstatement or omission of fact, that includes:
157          (i) the individual's:
158          (A) name as it will appear on the commission;
159          (B) residential address;
160          (C) business address;
161          (D) daytime telephone number; and
162          (E) date of birth;
163          (ii) an affirmation that the individual meets the requirements of this section;
164          (iii) an indication of any criminal convictions the individual has received, including a
165     plea of admission or no contest;
166          (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a
167     notarial commission or other professional license involving the applicant in this or any other
168     state;
169          (v) an indication that the individual has passed the examination described in
170     Subsection (5); and
171          (vi) payment of an application fee that the lieutenant governor establishes in
172     accordance with Section 63J-1-504; and
173          (e) (i) be a United States citizen; or
174          (ii) have permanent resident status under Section 245 of the Immigration and
175     Nationality Act.
176          (3) The lieutenant governor may deny an application based on:
177          (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
178          (b) any revocation, suspension, or restriction of a notarial commission or professional
179     license issued to the applicant by this or any other state;
180          (c) the applicant's official misconduct while acting in the capacity of a notary; or
181          (d) the applicant's failure to pass the examination described in Subsection (5).
182          (4) (a) An individual whom the lieutenant governor commissions as a notary:
183          (i) may perform notarial acts in any part of the state for a term of four years, unless the
184     person resigns or the commission is revoked or suspended under Section 46-1-19[.]; and
185          (ii) except through a remote notarization performed in accordance with this chapter,
186     may not perform a notarial act for another individual who is outside of the state.
187          (b) (i) After an individual's commission expires, the individual may not perform a
188     notarial act until the individual obtains a new commission.
189          (ii) An individual whose commission expires and who wishes to obtain a new
190     commission shall submit a new application, showing compliance with the requirements of this
191     section.
192          (5) (a) Each applicant for a notarial commission shall take an examination that the
193     lieutenant governor approves and submit the examination to a testing center that the lieutenant
194     governor designates for purposes of scoring the examination.
195          (b) The testing center that the lieutenant governor designates shall issue a written
196     acknowledgment to the applicant indicating whether the applicant passed or failed the
197     examination.
198          (6) (a) A notary shall maintain permanent residency in the state during the term of the
199     notary's notarial commission.
200          (b) A notary who does not maintain permanent residency under Subsection (6)(a) shall
201     resign the notary's notarial commission in accordance with Section 46-1-21.
202          Section 3. Section 46-1-3.5 is enacted to read:
203          46-1-3.5. Remote notary qualifications -- Application -- Authority.
204          (1) An individual commissioned as a notary, or an individual applying to be
205     commissioned as a notary, under Section 46-1-3 may apply to the lieutenant governor for a
206     remote notary certification under this section.
207          (2) The lieutenant governor shall certify an individual to perform remote notarizations
208     as a remote notary if the individual:
209          (a) complies with Section 46-1-3 to become a commissioned notary;
210          (b) submits to the lieutenant governor, on a form created by the lieutenant governor, a
211     correctly completed application for a remote notary certification; and
212          (c) pays to the lieutenant governor the application fee described in Subsection (4).
213          (3) The lieutenant governor shall ensure that the application described in Subsection
214     (2)(b) requires an applicant to:
215          (a) list the applicant's name as it appears or will appear on the applicant's notarial
216     commission;
217          (b) agree to comply with the provisions of this chapter, and rules made under Section
218     46-1-3.7, that relate to a remote notarization; and
219          (c) provide the applicant's email address.
220          (4) The lieutenant governor may establish and charge a fee in accordance with Section
221     63J-1-504 to an individual who seeks to obtain remote notary certification under this section.
222          Section 4. Section 46-1-3.6 is enacted to read:
223          46-1-3.6. Remote notarization procedures.
224          (1) A remote notary who receives a remote notary certification under Section 46-1-3.5
225     may perform a remote notarization if the remote notary is physically located in this state.
226          (2) A remote notary that performs a remote notarization for an individual that is not
227     personally known to the remote notary shall, at the time the remote notary performs the remote
228     notarization, establish satisfactory evidence of identity for the individual by:
229          (a) communicating with the individual using an electronic device or process that:
230          (i) allows the individual and remote notary to communicate with one another
231     simultaneously by sight and sound; and
232          (ii) complies with rules made under Section 46-1-3.7; and
233          (b) requiring the individual to transmit to the remote notary an image of a form of
234     identification described in Subsection 46-1-2(17)(a)(i)(A) or passport described in Subsection
235     46-1-2(17)(a)(i)(B) that is of sufficient quality for the remote notary to establish satisfactory
236     evidence of identity.
237          (3) A remote notary shall create an audio and video recording of the performance of
238     each remote notarization and store the recording in accordance with Sections 46-1-14 and
239     46-1-15.
240          Section 5. Section 46-1-3.7 is enacted to read:
241          46-1-3.7. Rulemaking authority for remote notarization.
242          (1) The director of elections in the Office of the Lieutenant Governor may make rules
243     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding
244     standards for and types of:
245          (a) electronic software and hardware that a remote notary may use to:
246          (i) perform a remote notarization; and
247          (ii) keep an electronic journal under Section 46-1-13;
248          (b) public and proprietary data sources that a remote notary may use to establish
249     satisfactory evidence of identity under Subsection 46-1-2(17)(b);
250          (c) dynamic knowledge-based authentication or biometric data analysis that a remote
251     notary may use to establish satisfactory evidence of identity under Subsection 46-1-2(17)(a)(ii);
252     and
253          (d) electronic seals a remote notary may use to complete an electronic notarial
254     certificate.
255          (2) When making a rule under this section, the director of elections in the Office of the
256     Lieutenant Governor shall review and consider standards recommended by one or more
257     national organizations that address the governance or operation of notaries.
258          Section 6. Section 46-1-4 is amended to read:
259          46-1-4. Bond.
260          (1) A notarial commission is not effective until:
261          [(1)] (a) the notary named in the commission takes a constitutional oath of office and
262     files a $5,000 bond with the lieutenant governor that:
263          [(a)] (i) a licensed surety executes for a term of four years beginning on the
264     commission's effective date and ending on the commission's expiration date; and
265          [(b)] (ii) conditions payment of bond funds to any person upon the notary's misconduct
266     while acting in the scope of the notary's commission; and
267          [(2)] (b) the lieutenant governor approves the oath and bond [are approved by the
268     lieutenant governor].
269          (2) In addition to the requirements described in Subsection (1), a remote notary
270     certification described in Section 46-1-3.5 is not effective until:
271          (a) the notary named in the remote notary certification files, in addition to the bond
272     described in Subsection (1)(a), a $5,000 bond with the lieutenant governor, that:
273          (i) a licensed surety executes for a term that begins on the certification's effective date
274     and ends on the remote notary's commission's expiration date; and
275          (ii) conditions payment of bond funds to any person upon the remote notary's
276     misconduct while acting in the scope of the remote notary's commission; and
277          (b) the lieutenant governor approves the oath and bond.
278          Section 7. Section 46-1-6 is amended to read:
279          46-1-6. Powers and limitations.
280          (1) A notary may perform the following acts:
281          (a) a jurat;
282          (b) an acknowledgment;
283          (c) a signature witnessing;
284          (d) a copy certification; and
285          (e) an oath or affirmation.
286          (2) A notary may not:
287          (a) perform an act as a notary that is not described in Subsection (1); or
288          (b) perform an act described in Subsection (1) if the [person] individual for whom the
289     notary performs the notarial act is not in the [physical] presence of the notary at the time the
290     notary performs the act.
291          Section 8. Section 46-1-6.5 is amended to read:
292          46-1-6.5. Form of notarial certificate for document notarizations.
293          (1) A correctly completed affidavit in substantially the form described in this section,
294     that is included in or attached to a document, is sufficient for the completion of a notarization
295     under this Title 46, Chapter 1, Notaries Public Reform Act.
296          (2) (a) A notary shall ensure that a signer takes the following oath or makes the
297     following affirmation before the notary witnesses the signature for a jurat:
298          "Do you swear or affirm under penalty of perjury that the statements in your document
299     are true?"
300          (b) An affidavit for a jurat that is in substantially the following form is sufficient under
301     Subsection (1):
302          "State of Utah
303          §
304          County of ____________
305          Subscribed and sworn to before me (notary public name), on this (date) day of (month),
306     in the year (year), by (name of document signer).
307          ([Notary] Notary's Official Seal) ____________________________________
308          Notary Signature".
309          (3) An affidavit for an acknowledgment that is in substantially the following form is
310     sufficient under Subsection (1):
311          "State of Utah
312          §
313          County of ____________
314          On this (date) day of (month), in the year (year), before me (name of notary public), a
315     notary public, personally appeared (name of document signer), proved on the basis of
316     satisfactory evidence to be the person(s) whose name(s) (is/are) subscribed to in this document,
317     and acknowledged (he/she/they) executed the same.
318          ([Notary] Notary's Official Seal) ____________________________________
319          Notary Signature".
320          (4) An affidavit for a copy certification that is in substantially the following form is
321     sufficient under Subsection (1):
322          "State of Utah
323          §
324          County of ____________
325          On this (date) day of (month), in the year (year), I certify that the preceding or attached
326     document is a true, exact, and unaltered photocopy of (description of document), and that, to
327     the best of my knowledge, the photocopied document is neither a public record nor a publicly
328     recorded document.
329          ([Notary] Notary's Official Seal) ____________________________________
330          Notary Signature".
331          (5) An affidavit for a signature witnessing that is in substantially the following form is
332     sufficient under Subsection (1):
333          "State of Utah
334          §
335          County of ____________
336          On this (date) day of (month), in the year (year), before me, (name of notary public),
337     personally appeared (name of document signer), proved to me through satisfactory evidence of
338     identification, which was (form of identification), to be the person whose name is signed on the
339     preceding or attached document in my presence.
340          ([Notary] Notary's Official Seal) ____________________________________
341          Notary Signature".
342          (6) A remote notary shall ensure that the notarial certificate described in this section
343     that is used for a remote notarization includes a statement that the remote notary performed the
344     notarization remotely.
345          Section 9. Section 46-1-10 is amended to read:
346          46-1-10. Testimonials prohibited.
347          A notary may not use the notary's title or official seal to endorse or promote any
348     product, service, contest, or other offering [if the notary's title or seal is used in the
349     endorsement or promotional statement].
350          Section 10. Section 46-1-12 is amended to read:
351          46-1-12. Fees and notice.
352          (1) The maximum [fees that may be charged by a notary] fee a notary may charge for
353     notarial acts are [for]:
354          (a) [acknowledgments, $5] for an acknowledgment, $10 per signature;
355          (b) [certified copies, $5] for a certified copy, $10 per page certified;
356          (c) [jurats, $5] for a jurat, $10 per signature; [and]
357          (d) [oaths or affirmations] for an oath or affirmation without a signature, [$5] $10 per
358     person[.]; and
359          (e) for each signature witnessing, $10.
360          (2) A notary may charge a travel fee, not to exceed the approved federal mileage rate,
361     when traveling to perform a notarial act if:
362          (a) the notary explains to the person requesting the notarial act that the travel fee is
363     separate from the notarial fee in Subsection (1) and is neither specified nor mandated by law;
364     and
365          (b) the notary and the person requesting the notarial act agree upon the travel fee in
366     advance.
367          (3) A notary shall display an English-language schedule of fees for notarial acts and
368     may display a nonEnglish-language schedule of fees.
369          (4) (a) [The fee of a notary shall not exceed $5] A notary may not charge a fee of more
370     than $10 per individual for each set of forms relating to a change of that individual's
371     immigration status.
372          (b) The fee limitation described in Subsection (4)(a) [shall apply whether or not]
373     applies regardless of whether the notary is acting as a notary but does not apply to a licensed
374     attorney, who is also a notary rendering professional services regarding immigration matters.
375          Section 11. Section 46-1-13 is amended to read:
376          46-1-13. Notary journal.
377          (1) A notary may keep, maintain, and protect as a public record, and provide for lawful
378     inspection a chronological, permanently bound official journal of notarial acts, containing
379     numbered pages.
380          (2) A remote notary shall keep a secure electronic journal of each remote notarization
381     the notary performs.
382          Section 12. Section 46-1-14 is amended to read:
383          46-1-14. Entries in journal -- Required information.
384          (1) [For every notarial act, the notary may] A notary may, for each notarial act the
385     notary performs, and a remote notary shall, for each notarial act the notary performs remotely,
386     record the following information in the journal described in Section 46-1-13 at the time of
387     notarization:
388          (a) the date and time of day of the notarial act;
389          (b) the type of notarial act;
390          (c) [a] the type title, or a description of the document, electronic record, or proceeding
391     that is the subject of the notarial act;
392          (d) the signature and printed name and address of each [person] individual for whom a
393     notarial act is performed;
394          (e) the evidence of identity of each [person] individual for whom a notarial act is
395     performed, in the form of:
396          (i) a statement that the person is ["]personally known["] to the notary;
397          (ii) a description of the identification document[, its] and the identification document's
398     issuing agency, [its] serial or identification number, and [its] date of issuance or expiration;
399     [or]
400          (iii) the signature and printed name and address of a credible witness swearing or
401     affirming to the person's identity; [and] or
402          (iv) if used for a remote notarization, a description of the dynamic knowledge-based
403     authentication or biometric data analysis that was used to provide satisfactory evidence of
404     identity under Subsection 46-1-2(17)(a)(ii);
405          (f) a copy of the audio and video recording described in Subsection 46-1-3.6(3); and
406          [(f)] (g) the fee, if any, the notary charged for the notarial act.
407          (2) A notary may record in the journal a description of the circumstances [in refusing]
408     under which the notary refused to perform or complete a notarial act.
409          (3) A remote notary shall maintain, or ensure that a person that the notary designates as
410     a custodian under Subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the
411     information described in Subsection (1) for each remote notarization the notary performs.
412          Section 13. Section 46-1-15 is amended to read:
413          46-1-15. Inspection of journal -- Safekeeping and custody of journal.
414          (1) [If] Except as provided in Subsection (2)(b), if a notary maintains a journal, the
415     notary shall:
416          (a) keep the journal in the notary's exclusive custody; and
417          (b) ensure that the journal is not used by any other person for any purpose.
418          (2) (a) A remote notary shall:
419          (i) ensure that the electronic journal described in Section 46-1-113 that is maintained
420     by the remote notary is a secure and authentic record of the remote notarizations that the notary
421     performs;
422          (ii) maintain a backup electronic journal, including a backup of the audio and video
423     recordings described in Subsection 46-1-3.6(3); and
424          (iii) protect the backup electronic journal described in Subsection (2)(a)(ii) from
425     unauthorized access or use.
426          (b) (i) A remote notary may designate as a custodian of the remote notary's electronic
427     journal described in Section 46-1-113:
428          (A) subject to Subsection (3), the remote notary's employer that employs the remote
429     notary to perform notarizations; or
430          (B) an electronic repository that grants the remote notary sole access to the electronic
431     journal and that, unless required under a court order, does not allow the person who operates
432     the electronic repository or any other person to access the journal, or information in the journal,
433     for any purpose.
434          (ii) A remote notary that designates a custodian under Subsection (2)(b)(i) shall
435     execute an agreement with the custodian that requires the custodian to comply with the safety
436     and security requirements of this chapter with regards to the electronic journal and the
437     information in the electronic journal.
438          [(2)] (3) The notary's employer may not require the notary to surrender the journal
439     upon termination of the notary's employment.
440          Section 14. Section 46-1-16 is amended to read:
441          46-1-16. Official signature -- Official seal -- Destruction of seal -- Unlawful use of
442     seal -- Criminal penalties.
443          (1) In completing a notarial act, a notary shall sign on the notarial certificate exactly
444     and only the name indicated on the notary's commission.
445          (2) (a) A notary shall keep an official [notarial] seal, and a remote notary shall keep an
446     electronic seal and electronic signature, that is the exclusive property of the notary [and that].
447          (b) A notary's official seal, electronic seal, or electronic signature may not be used by
448     any other person.
449          [(b) Upon the resignation, revocation, or expiration of a notarial commission, the
450     notary shall destroy the notary's seal.]
451          (c) Each [notarial seal obtained by a notary shall use purple ink] official seal shall be
452     purple.
453          (3) (a) A notary shall obtain a new official seal:
454          (i) when the notary receives a new commission; or
455          (ii) if the notary changes the notary's name of record at any time during the notary's
456     commission.
457          (b) [A] Subject to Subsection (3)(c), a notary shall affix the official seal [impression]
458     near the notary's official signature on a notarial certificate and shall include a sharp, legible,
459     and photographically reproducible [ink impression of the notarial] rendering of the official seal
460     that consists of:
461          (i) the notary public's name exactly as indicated on the notary's commission;
462          (ii) the words "notary public," "state of Utah," and "my commission expires on
463     (commission expiration date)";
464          (iii) the notary's commission number, exactly as indicated on the notary's commission;
465          (iv) a facsimile of the great seal of the state; and
466          (v) a rectangular border no larger than one inch by two and one-half inches surrounding
467     the required words and official seal.
468          (c) When performing a remote notarization, a remote notary shall attach the remote
469     notary's electronic signature and electronic seal under Subsection (3)(b) to an electronic
470     notarial certificate in a manner that makes evident any subsequent change or modification to:
471          (i) the notarial certificate; or
472          (ii) any electronic record, that is a part of the notarization, to which the notarial
473     certificate is attached.
474          (4) A notary may use an embossed seal impression that is not photographically
475     reproducible in addition to, but not in place of, the photographically reproducible official seal
476     required in this section.
477          (5) A notary shall affix the [notarial] official seal in a manner that does not obscure or
478     render illegible any information or signatures contained in the document or in the notarial
479     certificate.
480          (6) A notary may not use [a notarial] an official seal independent of a notarial
481     certificate.
482          (7) [A] Except for a notarial certificate that is completed as a part of a remote
483     notarization, a notarial certificate on an annexation, subdivision, or other map or plat is
484     considered complete without the imprint of the notary's official seal if:
485          (a) the notary signs the notarial certificate in permanent ink; and
486          (b) the following appear below or immediately adjacent to the notary's signature:
487          (i) the notary's name and commission number appears exactly as indicated on the
488     notary's commission;
489          (ii) the words "A notary public commissioned in Utah"; and
490          (iii) the expiration date of the notary's commission.
491          (8) A notarial certificate on an electronic message or document is considered complete
492     without the [imprint of the] notary's official seal if the following information appears
493     electronically within the message or document:
494          (a) the notary's name and commission number appearing exactly as indicated on the
495     notary's commission; and
496          (b) the words "notary public," "state of Utah," and "my commission expires on______
497     (date)".
498          (9) (a) When a notary resigns or the notary's commission expires or is revoked, the
499     notary shall:
500          (i) destroy the notary's official seal and certificate; and
501          (ii) if the notary is a remote notary, destroy any coding, disk, certificate, card, software,
502     or password that enables the remote notary to affix the remote notary's electronic signature or
503     electronic seal to a notarial certificate.
504          (b) A former remote notary shall certify to the lieutenant governor in writing that the
505     former remote notary has complied with Subsection (9)(a)(ii) within 10 days after the day on
506     which the notary resigns or the notary's commission expires or is revoked.
507          (10) (a) A person who, without authorization, knowingly obtains, conceals, damages,
508     or destroys the certificate, disk, coding, card, program, software, or hardware enabling a remote
509     notary to affix an official electronic signature or electronic seal to an electronic record is guilty
510     of a class A misdemeanor.
511          (b) A remote notary shall immediately notify the lieutenant governor if the notary
512     becomes aware that the notary's electronic signature, electronic seal, electronic journal, or
513     information from the journal, has been lost, stolen, or used unlawfully.
514          Section 15. Section 46-1-17 is amended to read:
515          46-1-17. Obtaining official seal.
516          (1) A [vendor] person may not provide [a notarial seal, either inking or embossing, to a
517     person] an official seal to an individual claiming to be a notary, unless the [person presents a
518     photocopy of the person's] individual presents a copy of the individual's notarial commission,
519     attached to a notarized declaration substantially as follows:
520          Application for [Notary] Notary's Official Seal
521          I, __________________ (name of [person] individual requesting seal), declare that I am
522     a notary public duly commissioned by the state of Utah with a commission starting date of
523     __________, a commission expiration date of_______________, and a commission number of
524     ___________. As evidence, I attach to this [paper a photocopy] statement a copy of my
525     commission.
526          (2) (a) Except as provided in Subsection (2)(b), an individual may not create, obtain, or
527     possess an electronic seal unless the individual is a remote notary.
528          (b) A person is not guilty of a violation of Subsection (2)(a) if the person is a business
529     that creates, obtains, or possesses an electronic seal for the sole purpose of providing the
530     electronic seal to a certified remote notary.
531          [(2)] (3) A [vendor] person who provides [a notarial], creates, obtains, or possess an
532     official seal in violation of this section is guilty of a class [B] (A) misdemeanor.
533          Section 16. Section 46-1-18 is amended to read:
534          46-1-18. Liability.
535          (1) A notary may be liable to any person for any damage to that person proximately
536     caused by the notary's misconduct in performing a notarization.
537          (2) (a) A surety for a notary's bond may be liable to any person for damages
538     proximately caused to that person by the notary's misconduct in performing a notarization, but
539     the surety's liability may not exceed the penalty of the bond or of any remaining bond funds
540     that have not been expended to other claimants.
541          (b) Regardless of the number of claimants under Subsection (2)(a), a surety's total
542     liability may not exceed the penalty of the bond.
543          (3) It is a class [B] (A) misdemeanor, if not otherwise a criminal offense under this
544     code, for:
545          (a) a notary to violate a provision of this chapter; or
546          (b) the employer of a notary to solicit the notary to violate a provision of this chapter.
547          Section 17. Section 46-1-21 is amended to read:
548          46-1-21. Resignation.
549          (1) A notary who resigns a notarial commission shall provide to the lieutenant
550     governor a notice indicating the effective date of resignation.
551          (2) A notary who ceases to reside in this state or who becomes unable to read and write
552     as provided in Section 46-1-3 shall resign the commission.
553          (3) A notary who resigns shall destroy the official seal and certificate in accordance
554     with Subsection 46-1-16(9).