UT Notary Notarial Certificates and Seal 2 — Questions and Answers
Question 1: What information must appear on a Utah notary's official stamp or seal?
- Name, county, and expiration date
- Name, state, and commission number
- Name, the words 'State of Utah,' and commission expiration date (Correct answer)
- Name, address, and bond amount
Correct answer: Name, the words 'State of Utah,' and commission expiration date
Utah Code § 46-1-16 requires the notary's name, the words 'State of Utah,' and the commission expiration date to appear on the official seal.
Under Utah Code § 46-1-16, a Utah notary's official seal must display: (1) the notary's name exactly as it appears on the commission, (2) the words 'Notary Public, State of Utah,' and (3) the commission expiration date. These elements allow anyone reviewing a notarized document to verify the notary's identity and the validity of their commission.
Question 2: Which form of notary seal is authorized for use in Utah?
- Embossed seal only
- Rubber stamp only
- Ink stamp or embossed seal (Correct answer)
- Electronic seal only
Correct answer: Ink stamp or embossed seal
Utah Code § 46-1-16 permits a notary to use either an inked stamp or an embossed seal as their official seal.
Utah Code § 46-1-16 authorizes notaries to use either an inked (rubber) stamp or an embossed seal as their official notary seal. In practice, ink stamps are more common because the impression is easily visible in photocopies and electronic scans, whereas embossed seals may not reproduce well.
Question 3: What must a Utah notary do if their official seal is lost or stolen?
- Continue using it and report at renewal
- Immediately notify the Lieutenant Governor's Office and disable or replace the seal (Correct answer)
- Simply order a replacement without notification
- Notify the county sheriff only
Correct answer: Immediately notify the Lieutenant Governor's Office and disable or replace the seal
A notary whose seal is lost or stolen must promptly notify the Lieutenant Governor's Office to prevent unauthorized use.
When a Utah notary's seal is lost, stolen, or damaged, they must promptly notify the Lieutenant Governor's Office. This notification creates a record that can protect both the notary and the public if the missing seal is used fraudulently. The notary should also immediately cease using the compromised seal and obtain a replacement.
Question 4: A Utah notarial certificate that acknowledges a signature must state which essential element?
- The value of the document being signed
- That the signer personally appeared before the notary (Correct answer)
- The notary's bond number
- The names of all witnesses present
Correct answer: That the signer personally appeared before the notary
An acknowledgment certificate must reflect that the signer personally appeared before the notary and acknowledged executing the document.
Under Utah Code § 46-1-6.5 and related provisions, an acknowledgment certificate must state that the signer personally appeared before the notary on a specific date, was identified by the notary, and acknowledged that they signed the document. Personal appearance is required for traditional in-person acknowledgments, ensuring the notary can verify the signer's identity.
Question 5: What is the primary purpose of a notarial certificate?
- To certify the contents of the document are true
- To evidence the notary's official act and the facts the notary certifies (Correct answer)
- To replace a court order
- To guarantee the document will be accepted by all agencies
Correct answer: To evidence the notary's official act and the facts the notary certifies
A notarial certificate evidences the notarial act performed and the facts certified by the notary, such as the signer's identity and voluntary execution.
A notarial certificate is the written evidence of the notarial act, containing the facts the notary is authorized to certify — for example, that a signer appeared, was identified, and acknowledged their signature. Importantly, the certificate does not certify the truth of the document's contents; that responsibility remains with the parties to the document.
Question 6: Under Utah law, where on a document must the notary affix their seal?
- In the top left corner only
- On the signature line of each signer
- Near the notarial certificate, so it is clearly associated with the notarial act (Correct answer)
- Only on the last page of multi-page documents
Correct answer: Near the notarial certificate, so it is clearly associated with the notarial act
The notary seal should be affixed near the notarial certificate so that it is clearly associated with the notarial act being performed.
Utah law and best practices require the notary to affix their official seal near the notarial certificate so that any reviewer can unambiguously associate the seal with the specific notarial act. The seal should appear within or immediately adjacent to the certificate block, not on a random part of the document.
What information must appear on a Utah notary's official stamp or seal?