Prohibited Acts and Liability Flashcards

Which of the following is a prohibited act for a Utah notary public?

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.

What is the consequence of a Utah notary willfully performing a false notarial act?

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.

A Utah notary is asked to notarize a document but the signer refuses to sign in front of them. What should the notary do?

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.

Under Utah law, a notary is prohibited from using what term to advertise their notarial services?

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.

Can a Utah notary notarize a document if they have reason to believe the signer does not understand what they are signing?

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.

What is the liability risk for a Utah notary who is an employee and performs a notarial act improperly at their employer's direction?

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.