UT Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: Before performing a notarial act in Utah, what must the notary verify about the document?
- That the document has been pre-approved by a court
- That the document is complete — all blanks intended to be filled in have been completed (Correct answer)
- That the document uses the correct legal terminology
- That the document value exceeds the minimum threshold
Correct answer: That the document is complete — all blanks intended to be filled in have been completed
Utah Code § 46-1-14 requires the document to be complete, with no blank spaces left to be filled in after notarization.
Under Utah Code § 46-1-14, a notary must not notarize a document containing significant blanks. This requirement prevents a situation where a notarized document is fraudulently altered after the notary's seal has been applied. The notary should inspect the document and refuse to proceed if there are blanks that the signer or other parties intend to complete after notarization.
Question 2: What is the standard procedure when a Utah notary completes a traditional paper acknowledgment?
- Witness the signer sign, administer an oath, seal the document
- Identify the signer, confirm their voluntary appearance and acknowledgment, complete and sign the certificate, affix the seal (Correct answer)
- Mail the certificate to the Lieutenant Governor's Office for approval
- Require two witnesses to be present in addition to the notary
Correct answer: Identify the signer, confirm their voluntary appearance and acknowledgment, complete and sign the certificate, affix the seal
For an acknowledgment, the standard procedure is: identify the signer, confirm personal appearance and voluntary acknowledgment, complete the certificate, sign, and affix the seal.
The complete procedure for a Utah acknowledgment is: (1) confirm the signer personally appears; (2) verify the signer's identity by satisfactory evidence; (3) confirm the signer acknowledges the document was signed voluntarily; (4) complete the acknowledgment certificate with required information; (5) sign the certificate; and (6) affix the official seal. Journal entry must also be made.
Question 3: What must a Utah notary do before administering an oath for a jurat?
- Have the signer sign the document in the notary's presence
- Ask the signer if they prefer an affirmation
- Verify the signer's identity and ensure the signer understands the obligation to tell the truth (Correct answer)
- Send the document to a supervisor for pre-approval
Correct answer: Verify the signer's identity and ensure the signer understands the obligation to tell the truth
Before administering an oath, the notary must verify the signer's identity and confirm the signer understands they are taking a legally binding oath to tell the truth.
For a jurat (verification upon oath), the notary must first identify the signer by satisfactory evidence. The notary should then ensure the signer understands that they are about to take a legally binding oath or affirmation. The notary asks the signer to sign the document in their presence, then administers the oath or affirmation, completes the jurat certificate, signs, and affixes the seal.
Question 4: A Utah notary performs multiple acknowledgments for different signers on the same multi-page document. How many journal entries are required?
- One entry for the entire document
- One entry per page of the document
- One entry per signer, for each notarial act performed (Correct answer)
- Two entries — one at the beginning and one at the end
Correct answer: One entry per signer, for each notarial act performed
Each notarial act (one per signer) requires its own journal entry, regardless of whether all acts relate to the same document.
Utah Code § 46-1-13 requires a separate journal entry for each individual notarial act. If three people sign the same document and each receives an acknowledgment, three separate journal entries are required — one for each acknowledgment, one for each signer. The document may be the same, but each notarial act performed is a distinct event requiring its own record.
Question 5: When must a Utah notary make the journal entry for a notarial act?
- Within 24 hours of the act
- At the time of or immediately after performing the act (Correct answer)
- At the end of each business day
- Within one week of the act
Correct answer: At the time of or immediately after performing the act
Best practice and the purpose of the journal require notaries to make journal entries contemporaneously — at the time of or immediately after the notarial act.
While Utah Code § 46-1-13 does not specify an exact time limit for journal entries, notaries are expected to record each act contemporaneously — at the time of the act or immediately thereafter. Delaying journal entries increases the risk of error or omission and undermines the journal's value as an accurate, reliable record. Recording in real time when details are fresh is both best practice and the standard expected by law.
Question 6: Under Utah notarial procedure, what does the notary certify when signing a jurat certificate?
- That the signer is a Utah resident
- That the signer appeared before the notary, signed in the notary's presence, and swore or affirmed the truth of the document's contents (Correct answer)
- That the document complies with all applicable laws
- That the notary verified the document's accuracy
Correct answer: That the signer appeared before the notary, signed in the notary's presence, and swore or affirmed the truth of the document's contents
The jurat certificate certifies that the signer appeared, signed in the notary's presence, and took an oath or affirmation as to the truth of the document's contents.
When a Utah notary signs a jurat certificate, they are certifying three specific facts: (1) the signer personally appeared before the notary; (2) the signer signed the document in the notary's presence (not before); and (3) the signer took an oath or affirmation swearing that the contents of the document are true. The jurat does not certify the signer's residency, legal compliance of the document, or accuracy of the document's facts.
UT Notary Notarial Acts and Procedures 2
Before performing a notarial act in Utah, what must the notary verify about the document?