UT Notary Fees and Administrative Rules 2 — Questions and Answers
Question 1: What is the maximum fee a Utah notary may charge per notarial act under Utah Code § 46-1-12?
- $2
- $5
- $10 (Correct answer)
- $25
Correct answer: $10
Utah Code § 46-1-12 sets the maximum notarial fee at $10 per notarial act.
Utah Code § 46-1-12 caps the fee a notary may charge at $10 per notarial act. This maximum applies to each individual act (each signature notarized counts as a separate act). Charging more than $10 per act violates Utah law and is subject to disciplinary action. Notaries are also free to charge less or perform acts for free.
Question 2: May a Utah notary charge a travel fee in addition to the notarial fee?
- No, any additional charges are prohibited
- Yes, a reasonable travel fee may be charged if agreed upon in advance (Correct answer)
- Only if the travel distance exceeds 50 miles
- Only for government-related documents
Correct answer: Yes, a reasonable travel fee may be charged if agreed upon in advance
Utah allows notaries to charge a separate travel fee beyond the notarial act fee, provided it is disclosed and agreed to by the client in advance.
Utah Code § 46-1-12 allows notaries to charge a travel fee in addition to the maximum notarial fee, provided the fee is agreed upon before the notary travels. The notary must disclose the travel fee amount in advance so the client can make an informed decision. Charging an undisclosed travel fee would be improper.
Question 3: Does Utah law require a notary to provide a receipt for fees charged?
- Yes, a receipt is always required
- No, receipts are not specifically required by Utah law but may be requested by the client (Correct answer)
- Only for fees above $50
- Only for government agency transactions
Correct answer: No, receipts are not specifically required by Utah law but may be requested by the client
Utah notary law does not specifically mandate receipts for fees, but best practices and client requests should be accommodated.
Utah Code does not specifically require notaries to provide receipts for fees collected. However, best practice is to provide a receipt when requested. The journal entry serves as a contemporaneous record of fees charged, which fulfills a similar function and provides documentation if a dispute arises.
Question 4: Under Utah administrative rules, what must a notary disclose when advertising notarial services in languages other than English?
- Their bond amount
- That they are not an attorney and cannot give legal advice (Correct answer)
- Their commission expiration date
- Their county of residence
Correct answer: That they are not an attorney and cannot give legal advice
Utah Code § 46-1-20 requires that notaries advertising in languages other than English must disclose that they are not attorneys and cannot give legal advice.
Utah Code § 46-1-20 requires that notaries who advertise notarial services in a language other than English must include a conspicuous statement in the same language disclosing that: (1) they are not an attorney; (2) they cannot give legal advice; and (3) they cannot represent the client before government agencies. This requirement specifically protects immigrant communities who may be familiar with 'notarios' in their home countries who hold attorney-level powers.
Question 5: Can a Utah notary accept payment for notarial services in cryptocurrency?
- Yes, any form of payment is permitted
- Utah law does not address cryptocurrency payment; the notary may agree to any lawful form of payment (Correct answer)
- No, only cash is permitted
- Only checks from established financial institutions
Correct answer: Utah law does not address cryptocurrency payment; the notary may agree to any lawful form of payment
Utah law does not specify the form of payment; notaries and clients may agree on any lawful method.
Utah Code § 46-1-12 regulates the maximum notarial fee and requires disclosure of travel fees but does not dictate the form of payment. Therefore, a notary and client may agree to payment by cash, check, credit card, or any other lawful form including cryptocurrency, as long as the total does not exceed the statutory maximum per act.
Question 6: What administrative action must a Utah notary take when they change their name?
- Continue using their old name until commission renewal
- Notify the Lieutenant Governor's Office and update the commission and seal with the new name (Correct answer)
- File with the county clerk only
- No action needed until the commission expires
Correct answer: Notify the Lieutenant Governor's Office and update the commission and seal with the new name
Utah Code § 46-1-5 requires a notary to notify the Lieutenant Governor's Office of a name change and to update their commission and seal to reflect the new legal name.
Under Utah Code § 46-1-5, if a notary's name changes (e.g., through marriage, divorce, or court order), they must promptly notify the Lieutenant Governor's Office, obtain an updated commission reflecting the new name, and procure a new seal showing the updated name. Using a seal with the old name after a name change has been officially updated creates inconsistencies that can invalidate notarial acts.
UT Notary Fees and Administrative Rules 2
What is the maximum fee a Utah notary may charge per notarial act under Utah Code § 46-1-12?