Performing Notarial Acts Flashcards

A signer brings you a document they have already signed and asks you to notarize their signature. They present valid identification and declare they willingly signed the document for its intended purpose. Which notarial act is appropriate in this situation?

Answer: Acknowledgment

An Acknowledgment is the correct notarial act when a signer has previously signed a document. The key elements are the signer appearing before the notary, providing satisfactory identification, and acknowledging that they voluntarily signed the document. A Jurat and a Signature Witnessing both require the document to be signed in the notary's presence.

Which of the following is a key difference between a Jurat and a Signature Witnessing in Utah?

Answer: A Jurat requires the notary to administer an oath or affirmation, while a Signature Witnessing does not.

The defining characteristic of a Jurat is that the signer takes an oath or affirmation, under penalty of perjury, vouching for the truthfulness of the document's contents. A Signature Witnessing certifies that the individual appeared, was identified, and signed in the notary's presence, but does not involve an oath. Both acts require the signer to be physically present.

A Utah notary is asked to perform a copy certification. Which of the following documents is the notary PROHIBITED from certifying?

Answer: A contract between two individuals

Utah Code 46-1-2(4) explicitly states that a copy certification is for a document that is 'neither a public record nor publicly recorded.' Birth certificates are vital records, which are a type of public record, and therefore cannot be copy certified by a Utah notary.

According to Utah law, what is the legal requirement for a traditional notary public regarding the use of a notarial journal for in-person notarizations?

Answer: While highly recommended as a best practice, keeping a journal is not legally required for traditional notaries.

For traditional (in-person) notarizations, Utah law does not mandate that a notary keep a journal. However, the Lieutenant Governor's office highly recommends it as a best practice and as the notary's best defense in court. A secure electronic journal is, however, mandatory for remote notaries.

For a standard, in-person notarial act in Utah, such as an acknowledgment or a jurat, what is the MAXIMUM fee a notary is permitted to charge per signature?

Answer: $10

Utah Code 46-1-12(1) specifies that the maximum fee a notary may charge for most standard notarial acts, including an acknowledgment, jurat, or signature witnessing, is $10 per signature. The higher fee of $25 is permitted only for remote notarizations.

When performing a 'Signature Witnessing,' which of the following is an essential requirement for the Utah notary?

Answer: The signer must sign the document in the physical presence of the notary.

The definition of 'Signature Witnessing' in Utah Code 46-1-2(21) requires that the individual appears in the presence of the notary, provides satisfactory evidence of identity (or is personally known), and signs the document in the presence of the notary. Unlike a jurat, no oath is administered.