UT Notary Remote Online Notarization 2 — Questions and Answers
Question 1: Under which Utah Code section is remote online notarization (RON) primarily authorized?
- Utah Code § 46-1-6
- Utah Code § 46-1-3.7 (Correct answer)
- Utah Code § 57-3-101
- Utah Code § 78B-5-705
Correct answer: Utah Code § 46-1-3.7
Utah Code § 46-1-3.7 establishes the framework for remote online notarizations in Utah.
Utah Code § 46-1-3.7 authorizes remote online notarization and sets forth the requirements for conducting RON, including the use of audio-visual technology, identity proofing, and approved RON platforms. This section was added as part of Utah's efforts to modernize notarial practices.
Question 2: What technology is required to perform a remote online notarization (RON) in Utah?
- A phone call with audio only
- Audio-visual communication technology that allows real-time interaction (Correct answer)
- A secure fax line
- Email with electronic signature
Correct answer: Audio-visual communication technology that allows real-time interaction
Utah Code § 46-1-3.7 requires real-time audio-visual communication technology for RON so the notary can see and hear the signer simultaneously.
Utah Code § 46-1-3.7 mandates the use of real-time audio-visual technology for RON so the notary can interact with the signer in real time, observe their demeanor, and apply identity verification tools. This is substantially different from traditional notarization and requires approved RON platforms that meet Utah's technical and security standards.
Question 3: For Utah RON, what identity proofing method must be used in addition to government-issued ID?
- A handwritten signature comparison by the notary
- Knowledge-based authentication (KBA) or biometric verification (Correct answer)
- Two credible witnesses on camera
- A credit check through a consumer reporting agency
Correct answer: Knowledge-based authentication (KBA) or biometric verification
Utah Code § 46-1-3.7 requires identity proofing methods such as knowledge-based authentication (KBA) or biometric verification for remote online notarizations.
Because a RON notary cannot physically examine the signer's identification, Utah Code § 46-1-3.7 requires additional identity proofing beyond document review. Knowledge-based authentication (KBA) — dynamic questions based on the signer's personal history — and biometric methods such as facial recognition are used to confirm the signer's identity. The RON platform typically handles these verification steps.
Question 4: Are Utah RON notarizations required to be recorded?
- No, recording is optional
- Yes, the audio-visual session must be recorded and retained (Correct answer)
- Only if the document involves real estate
- Only if the signer requests it
Correct answer: Yes, the audio-visual session must be recorded and retained
Utah Code § 46-1-3.7 requires the RON notary or the RON platform to record and retain the audio-visual session for a specified period.
Under Utah Code § 46-1-3.7, RON sessions must be recorded and the recording retained for a minimum period (generally five years) to create an auditable record of the remote notarization. The recording documents that the notary could see and hear the signer, that identity was verified, and that the signer appeared competent and voluntary — providing accountability equivalent to a physical journal entry.
Question 5: Can a Utah notary perform a RON for a signer located outside of Utah?
- No, both parties must be in Utah
- Yes, as long as the notary is physically in Utah at the time of the act (Correct answer)
- Only if the signer is in another U.S. state
- Only with special authorization from the Lieutenant Governor
Correct answer: Yes, as long as the notary is physically in Utah at the time of the act
Utah Code § 46-1-3.7 requires the notary to be physically located in Utah; the signer may be located anywhere in the world.
Under Utah's RON law (Utah Code § 46-1-3.7), jurisdiction is determined by the notary's physical location. As long as the Utah-commissioned notary is physically in Utah at the time of the act, they may perform RON for a signer located anywhere — in another U.S. state or even in a foreign country. The resulting notarization is a Utah notarial act regardless of where the signer is located.
Question 6: Which of the following is a required element of a Utah RON notarial certificate?
- The signer's driver license number
- A statement that the notarial act was performed by means of communication technology (Correct answer)
- The name of the RON platform used
- The recording file number
Correct answer: A statement that the notarial act was performed by means of communication technology
Utah Code § 46-1-3.7 requires the notarial certificate for a RON to include a statement that the act was performed using communication technology.
A Utah RON notarial certificate must include a statement indicating that the notarial act was performed by means of communication technology (i.e., remotely). This disclosure distinguishes the RON certificate from a traditional in-person certificate and puts document recipients on notice that the signers did not physically appear before the notary. The specific wording is prescribed by Utah Code § 46-1-3.7.
UT Notary Remote Online Notarization 2
Under which Utah Code section is remote online notarization (RON) primarily authorized?