Utah Notary Public — All Questions

In a Utah acknowledgment, what does the notary certify?

• a.That the contents of the document are true
• b.That the identified individual appeared, was identified, and acknowledged signing the document✓
• c.That the document is legally enforceable
• d.That the document was filed with a court

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document. It says nothing about whether the contents are true or the document is enforceable, which the notary is not authorized to judge.Utah Code 46-1 (Notaries Public Reform Act); Utah Notary Handbook

What distinguishes a Utah jurat from an acknowledgment?

• a.A jurat needs two witnesses
• b.A jurat is only for real-estate documents
• c.A jurat requires the signer to sign before the notary and take an oath or affirmation as to the truth of the statement✓
• d.A jurat does not require identifying the signer

For a Utah jurat the signer must sign in the notary's presence and swear or affirm that the statement is true. An acknowledgment requires neither an oath nor signing in the notary's presence, though both acts require identifying the signer.Utah Code 46-1 (Notaries Public Reform Act); Utah Notary Handbook

A Utah notary is handed a document with no notarial wording and asked which certificate to use. What is the proper response?

• a.Ask the signer or the agency requiring the document which act is needed, because choosing it is the unauthorized practice of law✓
• b.Pick a jurat because it is the safest choice
• c.Refuse to help until a lawyer is hired
• d.Notarize it with no certificate at all

A non-attorney notary may not select the notarial act for a signer; that is legal advice. The notary should ask the signer, or the entity that will receive the document, which act is required and then complete that certificate.Utah Code 46-1 (Notaries Public Reform Act); Utah Notary Handbook

Which notarial act does Utah authorize a notary to perform?

• a.Issuing a marriage license
• b.Certifying a birth certificate copy
• c.Granting a divorce
• d.Certifying a copy of a document the custodian presents, when it is not a publicly recorded or vital record✓

Utah notaries may take acknowledgments, administer oaths and affirmations, perform jurats, witness signatures, and certify copies of records the custodian presents. They may not certify vital records like birth certificates and have no power over marriages or court judgments.Utah Code 46-1 (Notaries Public Reform Act); Utah Notary Handbook

For a standard (non-remote) Utah notarization, when may the notary complete the act if the signer is not physically present?

• a.If the signer emails a photo of the signed document
• b.Never; personal appearance is required, and remote acts require an approved audio-video platform under Utah's remote notarization rules✓
• c.If a relative confirms the signer's identity by phone
• d.If the signer promises to appear later

Personal appearance is mandatory. Utah authorizes remote online notarization, but only by a specially authorized remote notary using an approved audio-video platform with identity proofing. An ordinary email, phone call, or promise to appear later does not satisfy the appearance requirement.Utah Code 46-1 (Notaries Public Reform Act); Utah Notary Handbook

What must a completed Utah notarial certificate contain?

• a.The venue, the date of the act, the notary's signature, and the notary's seal✓
• b.The signer's fingerprint and Social Security number
• c.A summary of the document's legal effect
• d.The notary's home address and birth date

A Utah certificate shows the venue (state and county), the date of the act, the notary's signature as commissioned, and the official seal. Utah does not require a thumbprint, and a notary never records a signer's Social Security number or opines on the document's legal effect.Utah Code 46-1 (Notaries Public Reform Act); Utah Notary Handbook