Notarial Acts and Procedures Flashcards

What specific language must a Utah notary use when administering an oath?

Answer: Words substantially in the form prescribed by Utah Code, conveying that the person will tell the truth under penalty of perjury

Utah Code prescribes the form of oaths; the notary must use wording that substantially conveys the obligation to tell the truth under penalty of perjury, though exact verbatim recitation of every word is not required.

What should a Utah notary do if the signer requests a copy of the completed notarial certificate for their records?

Answer: Provide a copy at a reasonable cost if requested

A notary may provide copies of the certificate to the signer upon request; best practice is to provide a copy at a reasonable cost or free of charge.

For a Utah notarization to be valid, must the notary's signature on the certificate match the name on their commission?

Answer: Yes, the notary must sign consistently with their commissioned name

The notary's signature should be consistent with the name on their commission to ensure the certificate can be verified and matched to the commission records.

How should a Utah notary handle a request to notarize a document for a signer who is physically unable to write (e.g., due to disability)?

Answer: Allow the signer to make a mark (X) as their signature in the notary's presence, and note this in the certificate and journal

Utah law recognizes that a signer may make a mark as their signature when they are unable to write; the notary should accept the mark and note the circumstances.

A Utah notary is asked to notarize a document dated several months ago. Can the notary legitimately notarize it today?

Answer: Yes, the notary notarizes the signer's acknowledgment today — the certificate will bear today's date, not the document's date

The date on the notarial certificate is the date of the notarial act (today), not the document's original date; documents may be notarized after they were drafted or signed.

Under Utah procedure, what is required when a notary performs multiple different types of notarial acts on the same document (e.g., an acknowledgment and a jurat on the same form)?

Answer: Each type of notarial act requires its own separate certificate language and its own journal entry

Each distinct notarial act — even on the same document — requires its own certificate language and a separate journal entry.