UT Notary - Utah Notary Prohibited Acts and Liability Questions and Answers

Question 1

A Utah notary is also a licensed real estate agent.
The notary is handling the sale of a property and stands to earn a significant commission from the transaction.
Which of the following is the correct action for the notary regarding the notarization of the closing documents?

Accepted Answer

Refuse to notarize the documents due to a direct financial interest.

Answer

Notarize the documents but refuse to accept a fee for the notarial acts.

Answer

Disclose the financial interest in the notarial certificate before notarizing.

Answer

Proceed with the notarization as long as the commission is paid after the documents are recorded.

Question 2

A non-attorney Utah notary advertises their services in a Spanish-language newspaper. According to Utah law, which of the following is a specific, mandatory requirement for such an advertisement?

Accepted Answer

It must contain a statement in both English and Spanish that the notary is not an attorney.

Answer

It must state that the notary is authorized to assist with immigration forms.

Answer

It must include a literal translation of the phrase 'Notary Public' into Spanish.

Answer

It must state that the notary's fees are regulated by the Utah State Bar.

Question 3

An employer, anxious to finalize a contract, instructs their employee, a Utah notary, to backdate a notarial certificate to the previous day when the signer was supposedly in the office. If the notary complies with this request, what is the potential liability for the employer?

Accepted Answer

The employer may be liable for damages if they knew of, consented to, or permitted the misconduct.

Answer

The employer faces no liability as the notary is an independent official.

Answer

The employer may be liable for civil damages but not criminal charges.

Answer

The employer's only liability is a private reprimand from the Lieutenant Governor's office.

Question 4

A notary's surety bond was used to pay a $3,000 claim due to the notary's official misconduct. A second, unrelated claim for $4,000 is filed against the same notary for a separate incident of misconduct. What is the maximum liability of the surety company for this second claim?

Accepted Answer

$2,000

Answer

$5,000

Answer

$4,000

Answer

$1,000

Question 5

Which of the following actions constitutes the unauthorized practice of law by a Utah notary?

Accepted Answer

Charging a fee to travel to a signer's location in addition to the statutory notarial fee.

Answer

Informing a signer of the fee for a jurat before performing the act.

Answer

Refusing to notarize a document that is incomplete.

Answer

Advising a client on which type of notarial certificate is appropriate for their document.

Question 6

A Utah notary is presented with a document and knows for a fact that a statement within the attached notarial certificate is false. The signer insists it is correct and pressures the notary to proceed. What is the notary's legal obligation?

Accepted Answer

Refuse to perform the notarial act.

Answer

Note the signer's objection in the journal and complete the notarization.

Answer

Cross out the false statement, initial the change, and then notarize.

Answer

Complete the notarization but file a report with the Lieutenant Governor's office.