UT Notary Document Identification and Verification 2 — Questions and Answers
Question 1: When a Utah notary encounters a document written entirely in a foreign language, what is the notary's responsibility regarding the document's contents?
- The notary must translate the document before notarizing
- The notary has no duty to understand the document's contents — only to certify the notarial act (Correct answer)
- The notary must refuse to notarize any non-English document
- The notary must attach a certified translation
Correct answer: The notary has no duty to understand the document's contents — only to certify the notarial act
A notary's duty is to certify the notarial act — not to comprehend the document's content — so foreign-language documents may be notarized.
Utah notaries certify the act (e.g., that a signer appeared and acknowledged the document), not the content or accuracy of the document. Therefore, a notary may lawfully notarize a foreign-language document without understanding its contents. The notary should still ensure the signer appears competent and voluntary, but translating or understanding the document is not the notary's responsibility.
Question 2: A Utah notary reviews an ID document and suspects it may be altered or counterfeit. What should the notary do?
- Accept it anyway, since forged IDs are indistinguishable from real ones
- Refuse to perform the notarial act if they have reasonable doubt about the ID's authenticity (Correct answer)
- Confiscate the ID and call the police
- Accept it if the signer also provides a second document
Correct answer: Refuse to perform the notarial act if they have reasonable doubt about the ID's authenticity
If a notary has reasonable doubt about the authenticity of an ID document, they should decline to perform the notarial act.
A Utah notary who suspects that an identification document has been altered, is counterfeit, or otherwise appears questionable should refuse to perform the notarial act. The notary is not a law enforcement officer and should not confiscate the ID, but they are not obligated to proceed when they have reasonable doubt about identity. Declining to notarize when identification is questionable protects both the public and the notary from liability.
Question 3: What does the term 'satisfactory evidence' mean in the context of Utah notary identification requirements?
- Any document that the signer says identifies them
- Identification that provides a reasonable basis for believing the signer is who they claim to be, as defined by Utah Code § 46-1-2 (Correct answer)
- Only a Utah state-issued driver license
- Any two documents presented together
Correct answer: Identification that provides a reasonable basis for believing the signer is who they claim to be, as defined by Utah Code § 46-1-2
Utah Code § 46-1-2 defines 'satisfactory evidence' as identification methods that provide a reasonable, objective basis for the notary to believe the signer's claimed identity.
'Satisfactory evidence' of identity under Utah Code § 46-1-2 refers to defined methods that give the notary a reasonable and legally sufficient basis for verifying the signer's identity. These methods include current government-issued photo ID with signature, personal knowledge of the notary, or the oath of a credible witness known to the notary. The standard is objective and defined by statute to ensure consistency and reliability.
Question 4: Under Utah notary law, can a notary public perform document authentication for use abroad (apostille)?
- Yes, notaries may issue apostilles directly
- No, apostilles are issued by the Utah Lieutenant Governor's Office upon a properly notarized document — the notary prepares the document, not the apostille (Correct answer)
- Yes, if the document is accompanied by a translation
- No, international documents must be handled by federal authorities only
Correct answer: No, apostilles are issued by the Utah Lieutenant Governor's Office upon a properly notarized document — the notary prepares the document, not the apostille
Apostilles are issued by the Utah Lieutenant Governor's Office. The notary notarizes the underlying document, and the Lieutenant Governor authenticates the notary's signature with an apostille.
Under the Hague Convention on Apostilles, apostilles certify the authenticity of a public official's signature (such as a notary's) for use in foreign countries. In Utah, the Lieutenant Governor's Office issues apostilles. The process is: (1) the notary notarizes the document, (2) the document is submitted to the Lieutenant Governor's Office, which attaches an apostille certifying the notary's signature and commission. The notary never issues the apostille itself.
Question 5: A Utah notary is asked to verify a photocopy of a passport. The signer claims the original is in a safety deposit box. What should the notary do?
- Accept the photocopy as satisfactory evidence
- Require the signer to present the original passport for identification purposes (Correct answer)
- Accept the photocopy if the signer signs an affidavit
- Accept the photocopy if a second witness is present
Correct answer: Require the signer to present the original passport for identification purposes
Satisfactory evidence of identity requires the original government-issued document; a photocopy does not meet Utah Code § 46-1-2's requirements.
Utah Code § 46-1-2 requires the signer to present the original government-issued identification document. A photocopy is not acceptable because it can be easily altered or forged and does not provide the security features (holograms, embedded chips, etc.) present in originals. The notary should require the signer to produce the actual passport or another acceptable original ID.
Question 6: A document brought to a Utah notary has the signer's name spelled differently than on their ID. What should the notary do?
- Notarize using the ID name and note the discrepancy (Correct answer)
- Refuse to proceed until the name discrepancy is resolved
- Ask the signer which name is correct and accept their verbal statement
- Notarize using the document name without checking the ID
Correct answer: Notarize using the ID name and note the discrepancy
Best practice is to notarize using the name as it appears on the document (or ID), note any minor discrepancy in the journal, and have the signer clarify the situation if there is a significant difference.
Minor name discrepancies (such as a middle name vs. middle initial, or a nickname vs. legal name) are common and do not necessarily prevent notarization. Utah notaries should use reasonable judgment: for minor discrepancies, the notary may notarize using the name on the document and note the discrepancy in the journal. For significant discrepancies that cast doubt on the signer's identity, the notary should seek clarification or additional identification before proceeding.
UT Notary Document Identification and Verification 2
When a Utah notary encounters a document written entirely in a foreign language, what is the notary's responsibility regarding the document's contents?