UT Notary Prohibited Acts and Liability 2 — Questions and Answers
Question 1: Which of the following is a prohibited act for a Utah notary public?
- Charging a fee for notarial services
- Notarizing their own signature on a document (Correct answer)
- Keeping a journal of notarial acts
- Asking a signer for two forms of ID
Correct answer: Notarizing their own signature on a document
Utah Code § 46-1-18 prohibits a notary from notarizing their own signature or performing a notarial act for a document in which they are a named party.
Utah Code § 46-1-18 expressly prohibits a notary from performing any notarial act for a document that the notary has signed as a party or in which the notary has a direct beneficial interest. This includes notarizing their own signature. Doing so would eliminate the impartiality that is the foundation of the notarial function.
Question 2: What is the consequence of a Utah notary willfully performing a false notarial act?
- A fine of up to $25 only
- Potential criminal prosecution for a misdemeanor or felony (Correct answer)
- Only a warning letter from the Lieutenant Governor
- Automatic civil immunity
Correct answer: Potential criminal prosecution for a misdemeanor or felony
Willfully falsifying a notarial act in Utah can result in criminal prosecution, in addition to civil liability and commission revocation.
Under Utah law, a notary who willfully commits a false notarial act — for example, backdating a notarization, certifying that a signer appeared when they did not, or notarizing a forged document — may face criminal charges ranging from a misdemeanor to a felony depending on the circumstances, as well as civil liability and disciplinary action including revocation of the commission.
Question 3: A Utah notary is asked to notarize a document but the signer refuses to sign in front of them. What should the notary do?
- Accept the pre-signed document and complete an acknowledgment (Correct answer)
- Refuse to perform the notarial act until the signer appears and provides proper identification
- Accept the document if a witness confirms the signature
- Notarize anyway and note the unusual circumstance in the journal
Correct answer: Accept the pre-signed document and complete an acknowledgment
For an acknowledgment, the signer may have already signed the document; they must appear before the notary and acknowledge the signature. The notary should accept a pre-signed document for an acknowledgment but must confirm the signer's identity.
For an acknowledgment, Utah law does not require the signer to sign in the notary's presence — the signer may have already signed the document. What is required is that the signer personally appear before the notary, be identified, and acknowledge that they signed the document. By contrast, a jurat requires the signer to sign in the notary's presence. The notary must determine which type of act is appropriate.
Question 4: Under Utah law, a notary is prohibited from using what term to advertise their notarial services?
- 'Certified notary'
- 'Notario' or 'Notario Público' in Spanish-language advertising (Correct answer)
- 'Commissioner of oaths'
- 'Seal and sign specialist'
Correct answer: 'Notario' or 'Notario Público' in Spanish-language advertising
Utah Code § 46-1-20 prohibits a Utah notary from using 'Notario' or 'Notario Público' in advertising because it implies the notary has attorney-level authority, which is misleading to non-English-speaking communities.
Utah Code § 46-1-20 prohibits Utah notaries from advertising using the Spanish-language terms 'Notario' or 'Notario Público.' In many Latin American countries, a notario público is a licensed attorney with extensive legal authority. Using this term to market notarial services in Utah would mislead Spanish-speaking individuals into believing they are receiving attorney-level legal services.
Question 5: Can a Utah notary notarize a document if they have reason to believe the signer does not understand what they are signing?
- Yes, the notary is not responsible for the signer's comprehension
- No, the notary must be satisfied the signer is competent and understands the transaction (Correct answer)
- Yes, if the signer verbally states they understand
- Yes, but only if an attorney is also present
Correct answer: No, the notary must be satisfied the signer is competent and understands the transaction
A Utah notary must be satisfied the signer appears competent to understand the nature of the document; proceeding when the signer clearly does not understand the transaction is improper.
While a notary is not expected to explain the legal effects of a document, they must be satisfied that the signer appears to understand they are signing a document and has the mental capacity to do so. If a signer appears confused, incapacitated, or clearly does not comprehend what they are signing, the notary should decline to perform the notarial act.
Question 6: What is the liability risk for a Utah notary who is an employee and performs a notarial act improperly at their employer's direction?
- Only the employer is liable — the employee notary has no personal liability
- The notary remains personally liable for their own improper notarial acts regardless of employer direction (Correct answer)
- Both the notary and employer share equal criminal liability automatically
- Only the client who requested the notarization is liable
Correct answer: The notary remains personally liable for their own improper notarial acts regardless of employer direction
A notary public is personally responsible for their notarial acts; employer direction does not shield the notary from personal liability for improper acts.
A Utah notary who is an employee retains full personal liability for their notarial acts. An employer cannot lawfully direct a notary to perform an improper notarial act, and if the notary complies, they cannot use 'I was following orders' as a defense. Both the notary and the employer may face liability — the notary for performing the improper act and the employer for directing or facilitating it.
UT Notary Prohibited Acts and Liability 2
Which of the following is a prohibited act for a Utah notary public?