UT Notary Prohibited Acts and Liability 2

Question 1

Which of the following is a prohibited act for a Utah notary public?

Accepted Answer

Notarizing their own signature on a document

Answer

Utah Code § 46-1-18 prohibits a notary from notarizing their own signature or performing a notarial act for a document in which they are a named party.

Question 2

What is the consequence of a Utah notary willfully performing a false notarial act?

Accepted Answer

Potential criminal prosecution for a misdemeanor or felony

Answer

Willfully falsifying a notarial act in Utah can result in criminal prosecution, in addition to civil liability and commission revocation.

Question 3

A Utah notary is asked to notarize a document but the signer refuses to sign in front of them. What should the notary do?

Accepted Answer

Accept the pre-signed document and complete an acknowledgment

Answer

For an acknowledgment, the signer may have already signed the document; they must appear before the notary and acknowledge the signature. The notary should accept a pre-signed document for an acknowledgment but must confirm the signer's identity.

Question 4

Under Utah law, a notary is prohibited from using what term to advertise their notarial services?

Accepted Answer

'Notario' or 'Notario Público' in Spanish-language advertising

Answer

Utah Code § 46-1-20 prohibits a Utah notary from using 'Notario' or 'Notario Público' in advertising because it implies the notary has attorney-level authority, which is misleading to non-English-speaking communities.

Question 5

Can a Utah notary notarize a document if they have reason to believe the signer does not understand what they are signing?

Accepted Answer

No, the notary must be satisfied the signer is competent and understands the transaction

Answer

A Utah notary must be satisfied the signer appears competent to understand the nature of the document; proceeding when the signer clearly does not understand the transaction is improper.

(UT Notary) Utah Notary Exam Practice Test

(UT Notary) Utah Notary Exam Practice Test

UT Notary Prohibited Acts and Liability 2