UT Notary - Utah Notary Notary Journal and Record-Keeping Questions and Answers 1 — Questions and Answers
Question 1: A Utah notary who performs only traditional, in-person notarizations chooses to maintain a journal. Which of the following statements correctly describes the legal status and requirements for this journal?
- The journal is optional, but if kept, it must be a permanently bound book with numbered pages. (Correct answer)
- The journal is mandatory for all notarial acts and must be submitted to the Lieutenant Governor annually.
- The notary can use a simple spiral notebook as long as the entries are chronological.
- The journal is considered the property of the notary's employer if they paid for it.
Correct answer: The journal is optional, but if kept, it must be a permanently bound book with numbered pages.
Utah Code 46-1-13(1) states that a notary *may* keep a journal for traditional notarizations, making it optional but highly recommended. The statute specifies that if a journal is kept, it should be a "chronological, permanently bound official journal of notarial acts, containing numbered pages." The journal is the exclusive property of the notary, regardless of who paid for it.
Question 2: A notary is commissioned to perform remote online notarizations (RON) in Utah. Which of the following is a mandatory requirement for their record-keeping?
- Maintaining both a physical, bound journal and a secure electronic journal for all remote acts.
- Keeping a secure electronic journal and an audio-visual recording of each remote notarization session. (Correct answer)
- Submitting a copy of the electronic journal to the county clerk's office every month.
- Recording only the signer's name and the date, as the video recording contains all other details.
Correct answer: Keeping a secure electronic journal and an audio-visual recording of each remote notarization session.
According to Utah Code 46-1-13(2) and 46-1-14(3)(a), a remote notary is required to keep a secure electronic journal of each remote notarization. Additionally, they must include with the journal a copy of the electronic (audio-visual) recording of the remote notarization session. There is no requirement for a duplicate physical journal for remote acts.
Question 3: Which of the following pieces of information is NOT a required element for a journal entry in Utah, whether the journal is mandatory (for RON) or optional (for traditional)?
- The fee charged for the notarial act.
- The signature of each individual for whom the act is performed.
- The thumbprint of the signer. (Correct answer)
- The date and time of the notarial act.
Correct answer: The thumbprint of the signer.
Utah Code 46-1-14 specifies the required contents for a journal entry. These include the date and time, type of act, description of the document, signer's signature, name, and address, evidence of identity, and the fee charged. Utah law does not require the notary to obtain the signer's thumbprint for the journal entry.
Question 4: A remote notary in Utah performs a notarization for a client. For how long must the notary or their designated custodian retain the electronic journal entry and the audio-visual recording of this remote notarization?
- For the duration of the notary's 4-year commission.
- For 10 years from the date of the notarial act.
- Indefinitely, as they are considered permanent public records.
- For a period of five years. (Correct answer)
Correct answer: For a period of five years.
Utah Code 46-1-14(4) explicitly states that a remote notary shall maintain the journal information and the electronic recording for each remote notarization for a period of five years.
Question 5: A Utah notary's commission expires, and they do not renew it. What is the proper procedure regarding their notarial journal(s)?
- Deliver the journal to the office of the Lieutenant Governor within 30 days.
- Shred and destroy the journal to protect the signers' private information.
- Retain and safeguard the journal as their personal property. (Correct answer)
- Surrender the journal to their former employer if notarizations were done for work.
Correct answer: Retain and safeguard the journal as their personal property.
A notary's journal is their exclusive property and must be safeguarded. Upon commission expiration, resignation, or revocation, the notary must retain their journal. It should not be destroyed, surrendered to an employer, or delivered to a government office unless specifically required by law in a particular circumstance, which is not the standard procedure in Utah. The notary is responsible for protecting it as a valuable record.
Question 6: A remote notary is making an entry in their mandatory electronic journal. According to Utah law, which of the following best describes the evidence of identity that must be recorded for a signer who is identified via an identification document?
- A scanned copy of the front and back of the identification document.
- A description of the identification document, its issuing agency, its serial number, and its date of issuance or expiration. (Correct answer)
- A simple statement that 'ID was presented and verified'.
- The driver's license number and the signer's date of birth.
Correct answer: A description of the identification document, its issuing agency, its serial number, and its date of issuance or expiration.
Utah Code 46-1-14(1)(e)(ii) details the specific information required when identification is based on a document. The notary must record a description of the document, the issuing agency, the serial or identification number, and the date of issuance or expiration. Simply stating 'ID verified' is insufficient, and while a scanned copy might be part of a RON platform's process, the required journal entry elements are what is specified in the law.
UT Notary - Utah Notary Notary Journal and Record-Keeping Questions and Answers 1
A Utah notary who performs only traditional, in-person notarizations chooses to maintain a journal.
Which of the following statements correctly describes the legal status and requirements for this journal?