UT Notary Remote Online Notarization (RON) 2 — Questions and Answers
Question 1: Under Utah's Revised Uniform Law on Notarial Acts, which technology must a remote online notarization (RON) platform use to verify a signer's identity?
- Knowledge-based authentication (KBA) only
- Credential analysis only
- Both knowledge-based authentication (KBA) and credential analysis (Correct answer)
- A personal appearance waiver signed by the signer
Correct answer: Both knowledge-based authentication (KBA) and credential analysis
Utah law requires RON platforms to use both knowledge-based authentication (KBA) and credential analysis to verify a remote signer's identity before the notarization proceeds.
Utah's RON framework mandates a two-layer identity verification process: credential analysis (examining a government-issued ID document) combined with knowledge-based authentication (dynamic quiz questions about the signer's personal history). Both must pass for the session to proceed. This dual requirement reduces fraud risk in remote transactions.
Question 2: Which Utah government agency must a notary register with before performing remote online notarizations?
- Utah Department of Commerce, Division of Corporations and Commercial Code (Correct answer)
- Utah Division of Real Estate
- Utah State Bar
- Utah Department of Financial Institutions
Correct answer: Utah Department of Commerce, Division of Corporations and Commercial Code
Before performing RON, a Utah notary must register their approved RON platform with the Utah Division of Corporations and Commercial Code, which oversees notary public commissions.
The Utah Division of Corporations and Commercial Code administers the state's notary public program under Title 46 of the Utah Code. A commissioned Utah notary who wants to perform remote online notarizations must register the RON technology platform they intend to use with this division before conducting any RON sessions.
Question 3: During a Utah RON session, what must the notary's audio-video communication technology allow?
- One-way video from signer to notary only
- Real-time two-way audio and video communication between notary and signer (Correct answer)
- Pre-recorded video submitted by the signer
- Audio-only communication with a still photo of the signer
Correct answer: Real-time two-way audio and video communication between notary and signer
Utah RON law requires real-time, two-way audio and video communication so the notary and signer can interact simultaneously, ensuring the notary can observe the signer throughout the session.
Utah Code Section 46-1-3.7 specifies that RON sessions must use communication technology that provides real-time, two-way audio and video interaction. This live format allows the notary to observe the signer's demeanor, confirm their willingness to sign, and detect any signs of duress or incapacity — the same safeguards present in an in-person notarization.
Question 4: How long must a Utah notary retain the audio-visual recording of a remote online notarization session?
- 1 year
- 3 years
- 5 years (Correct answer)
- 10 years
Correct answer: 5 years
Under Utah RON rules, the audio-visual recording of each RON session must be retained for at least 5 years following the date of the notarization.
Utah law requires that audio-visual recordings of RON sessions be preserved for a minimum of 5 years. This retention requirement mirrors the 5-year journal record-keeping rule and ensures that the complete electronic record of the notarization — including the identity-proofing process and the signing act itself — is available for legal review if disputes arise.
Question 5: A Utah RON notary may perform a remote online notarization for a signer who is located outside Utah only if:
- The signer is a Utah resident
- The document is a Utah real estate deed
- The laws of the place where the signer is located do not prohibit the notarial act (Correct answer)
- The signer has a Utah driver's license
Correct answer: The laws of the place where the signer is located do not prohibit the notarial act
Utah law permits a RON notary to serve out-of-state signers as long as the jurisdiction where the signer is physically located does not prohibit such a notarial act.
A Utah-commissioned notary performs all notarial acts under Utah law regardless of where the signer is physically located. However, the notary must ensure that the laws of the signer's jurisdiction do not prohibit the act. This rule allows Utah RON notaries to serve signers across the country (and internationally) while respecting other states' or countries' legal limits.
Question 6: Which of the following is a required element of the electronic notarial certificate used in a Utah RON transaction?
- The signer's Social Security number
- A statement that the notarial act was performed using communication technology (Correct answer)
- The notary's home address
- The name of the signer's attorney
Correct answer: A statement that the notarial act was performed using communication technology
Utah RON certificates must include a statement indicating that the notarial act was performed using audio-visual communication technology, distinguishing the electronic record from a traditional in-person notarization.
In addition to the standard certificate elements (notary name, commission expiration, venue), a Utah RON electronic notarial certificate must contain language stating that the signer appeared by means of communication technology. This disclosure is important for accepting parties — such as county recorders or financial institutions — to know that the document was notarized remotely under Utah's authorized RON framework.
UT Notary Remote Online Notarization (RON) 2
Under Utah's Revised Uniform Law on Notarial Acts, which technology must a remote online notarization (RON) platform use to verify a signer's identity?