UT Notary - Utah Notary Fees and Administrative Rules Questions and Answers 1 — Questions and Answers
Question 1: A Utah notary is asked to travel to a local hospital to notarize a power of attorney for a patient. The hospital is 10 miles away. Under what circumstances may the notary charge the patient a fee for travel?
- The notary can charge a travel fee based on the standard federal mileage rate, which does not require prior agreement.
- The notary may only charge for travel if the notarial act is performed outside of their regular business hours.
- The notary and the patient must agree upon the travel fee in advance, and it must be recorded separately from the notarial fee. (Correct answer)
- Utah law prohibits charging any fees beyond the statutory maximum for the notarial act itself, so a travel fee is not allowed.
Correct answer: The notary and the patient must agree upon the travel fee in advance, and it must be recorded separately from the notarial fee.
According to Utah Code 46-1-12(5), a notary may charge a travel fee if the person requesting the service agrees to the fee in advance. The notary must also explain that the travel fee is separate from the fee for the notarial act. The amount must be agreed upon by both parties and is not set by a federal rate.
Question 2: A notary public who works from a home office frequently notarizes documents for neighbors and local residents. According to Utah's administrative rules, what is the notary's obligation regarding their fee schedule?
- They must file their fee schedule with the Lieutenant Governor's office annually.
- They must conspicuously display a list of their fees or provide the list to any person upon request. (Correct answer)
- They are only required to state the fee verbally before performing the notarization.
- No obligation exists unless the notary is also a licensed professional, such as an attorney or real estate agent.
Correct answer: They must conspicuously display a list of their fees or provide the list to any person upon request.
Utah Code 46-1-12(6) requires a notary to either conspicuously display an English-language list of their fees for notarial acts or provide such a list to any person who requests it. There is no requirement to file it with the state or only state it verbally.
Question 3: What is the maximum fee a Utah notary may charge for performing a single remote online notarization (RON)?
- $10
- $15
- $25 (Correct answer)
- An amount agreed upon by the notary and the signer
Correct answer: $25
Utah Code 46-1-12(2) specifies that the maximum fee a notary may charge for a remote online notarization is $25. This is distinct from the $10 maximum fee for traditional, in-person notarial acts.
Question 4: A Utah notary gets married and legally changes their last name. Which of the following actions is the notary required to take?
- Continue using their old seal and name until their current commission expires.
- Notify the Lieutenant Governor's office within 30 days of the name change. (Correct answer)
- Immediately cease all notarial acts until a new commission is issued under the new name.
- Publish the name change in a local newspaper for two consecutive weeks.
Correct answer: Notify the Lieutenant Governor's office within 30 days of the name change.
Utah Code 46-1-17(1) requires a notary to notify the Lieutenant Governor's office of any change to their name or address within 30 days of the change. This allows the state to maintain accurate records for the commissioned notary.
Question 5: A notary offers a 'document package' service for $40, which includes notarizing two signatures on a document and providing a copy. How must the notary present these charges to the signer to comply with Utah law?
- The notary can charge a single, flat fee as long as the total does not exceed $25 per notarial act.
- The notary must itemize the charges, showing the statutory fee for each notarization separate from any other administrative or copy fees. (Correct answer)
- The notary must get pre-approval from the Lieutenant Governor's office for any bundled service packages.
- The notary can bundle the fees as long as they provide a verbal explanation of the costs.
Correct answer: The notary must itemize the charges, showing the statutory fee for each notarization separate from any other administrative or copy fees.
Utah law allows notaries to charge up to the maximum fee for each notarial act. Any other fees, such as for travel, copies, or administrative services, are not set by statute but must be agreed upon by the signer and kept separate from the official notarial fees. Itemizing the invoice ensures transparency and compliance.
Question 6: For which of the following notarial acts is a Utah notary public expressly prohibited from charging a fee?
- Notarizing a signature on a sworn affidavit for a court proceeding.
- Performing a copy certification of a power of attorney.
- Notarizing a signature on an absentee ballot or ballot application. (Correct answer)
- Notarizing documents for an immediate family member.
Correct answer: Notarizing a signature on an absentee ballot or ballot application.
Utah Code 46-1-12(4) explicitly states that a notary may not charge a fee for notarizing a signature on an absentee ballot, an application for an absentee ballot, or a ballot affidavit. Fees for other listed services are permissible up to the statutory maximum.
UT Notary - Utah Notary Fees and Administrative Rules Questions and Answers 1
A Utah notary is asked to travel to a local hospital to notarize a power of attorney for a patient.
The hospital is 10 miles away.
Under what circumstances may the notary charge the patient a fee for travel?