UT Notary Performing Notarial Acts 2 — Questions and Answers
Question 1: Which of the following is a type of notarial act authorized under Utah Code § 46-1-6?
- Certifying the legal validity of a contract
- Witnessing or attesting a signature (Correct answer)
- Providing certified translations
- Apostilling foreign documents
Correct answer: Witnessing or attesting a signature
Utah Code § 46-1-6 authorizes notaries to witness or attest signatures as one of the recognized notarial acts.
Utah Code § 46-1-6 identifies the notarial acts a Utah notary is authorized to perform, which include taking acknowledgments, administering oaths and affirmations, taking verifications upon oath, witnessing or attesting signatures, certifying copies of non-recordable documents, and noting protests of negotiable instruments.
Question 2: When performing an acknowledgment in Utah, the notary must confirm that the signer:
- Read every line of the document
- Personally appeared, was identified, and acknowledged signing voluntarily (Correct answer)
- Signed in the presence of two witnesses
- Paid the required notarial fee
Correct answer: Personally appeared, was identified, and acknowledged signing voluntarily
For a valid Utah acknowledgment, the signer must personally appear before the notary, be identified, and acknowledge that they signed the document.
A Utah acknowledgment requires: (1) the signer's personal appearance before the notary, (2) the notary's identification of the signer by satisfactory evidence, and (3) the signer's declaration that they voluntarily signed the document. The notary then completes and signs the acknowledgment certificate confirming these facts.
Question 3: A Utah notary may administer an oath to a person who states they have a religious or ethical objection to swearing. What is the alternative?
- Refuse to proceed
- Allow the person to sign a written disclaimer
- Administer an affirmation instead (Correct answer)
- Require a witness to vouch for the person
Correct answer: Administer an affirmation instead
Utah Code § 46-1-6 permits the use of an affirmation as an alternative to an oath for individuals with religious or ethical objections to swearing.
Under Utah Code § 46-1-6, a notary may administer either an oath or an affirmation. An affirmation is a solemn pledge made under penalty of perjury without any religious reference. If a person objects to taking an oath for religious or conscientious reasons, the notary should offer an affirmation, which is legally equivalent to an oath.
Question 4: What does it mean for a notary to 'take a verification upon oath' in Utah?
- Verify a document's physical condition
- Administer an oath and have the signer swear the document's contents are true (Correct answer)
- Check that the document was notarized previously
- Verify the signer's address in a government database
Correct answer: Administer an oath and have the signer swear the document's contents are true
Taking a verification upon oath (jurat) means administering an oath and certifying that the signer swore the contents of the document are true.
A 'verification upon oath' — commonly called a jurat — requires the notary to: (1) have the signer sign the document in the notary's presence, (2) administer an oath or affirmation, and (3) complete the jurat certificate confirming that the signer appeared, signed before the notary, and swore or affirmed the truthfulness of the document's contents.
Question 5: Under Utah law, can a notary certify a copy of a birth certificate issued by the state vital records office?
- Yes, any notary can certify any document
- No, vital records are recordable government documents and cannot be copy-certified by a notary (Correct answer)
- Yes, but only for out-of-state use
- Only if the original is surrendered to the notary
Correct answer: No, vital records are recordable government documents and cannot be copy-certified by a notary
Utah notaries may not certify copies of vital records or other government-issued documents; those copies must be obtained from the issuing agency.
Utah Code § 46-1-6 authorizes notaries to certify copies of non-recordable documents — documents that are not official government records. Vital records (birth, death, marriage certificates) and other government-issued documents must be certified by the issuing agency. A notary attempting to certify such a document would be exceeding their authority.
Question 6: A Utah notary is asked to perform a notarial act for a document in a language the notary cannot read. What should the notary do?
- Perform the act, since the notary only certifies the signature — not the content (Correct answer)
- Refuse to perform the act
- Perform the act only if a translator is present
- Perform the act only for standard forms
Correct answer: Perform the act, since the notary only certifies the signature — not the content
A notary certifies the signer's identity and the act (e.g., acknowledgment or oath) — not the content of the document. Therefore, the notary may perform the act even if the document is in a foreign language.
Because a Utah notary's function is to certify facts about the notarial act (identity, appearance, oath) and not the content of the document, the notary may lawfully perform a notarial act for a document written in a foreign language. However, the notary should ensure they can still identify the signer and that the signer appears to understand the document they are signing.
UT Notary Performing Notarial Acts 2
Which of the following is a type of notarial act authorized under Utah Code § 46-1-6?