UT Notary - Utah Notary Remote Online Notarization (RON) Questions and Answers 1 — Questions and Answers
Question 1: A Utah remote notary is conducting a RON session. The signer is physically located in Germany for the transaction. Where must the notary be physically located to perform the notarial act legally?
- Anywhere in the world, as long as they use a state-approved RON platform.
- Anywhere within the United States.
- Physically within the geographical boundaries of the State of Utah. (Correct answer)
- In the same county in Utah where their commission is filed.
Correct answer: Physically within the geographical boundaries of the State of Utah.
Utah Code 46-1-3.6(1) explicitly states that a remote notary may perform a remote notarization only if the remote notary is physically located within Utah at the time of the notarization. While the signer can be located anywhere in the world, the notary's physical location is restricted to Utah.
Question 2: According to Utah law, what is the mandatory retention period for the audio-visual recording of a remote online notarization session?
- 3 years
- 10 years
- 7 years
- 5 years (Correct answer)
Correct answer: 5 years
Utah Code 46-1-14(4) requires a remote notary to maintain, or have a designated custodian maintain, the electronic journal entry and the audio-visual recording for a period of five years for each remote notarization performed.
Question 3: When identifying a signer for a remote online notarization who is not personally known to the notary, Utah law requires a multi-step identity verification process. Which of the following combinations is required?
- Answering knowledge-based authentication (KBA) questions and presenting a valid ID via webcam.
- Credential analysis of a government-issued ID and answering knowledge-based authentication (KBA) questions. (Correct answer)
- Presenting two different forms of government-issued ID via webcam.
- Providing a sworn statement from one credible witness who is also present on the audio-visual call.
Correct answer: Credential analysis of a government-issued ID and answering knowledge-based authentication (KBA) questions.
Utah law requires a robust, two-part process for remote identification. This involves using a third-party service to perform credential analysis (analyzing the security features of the ID) and having the signer successfully pass a knowledge-based authentication (KBA) quiz, which consists of questions based on their personal and credit history. Simply showing an ID on camera is not sufficient by itself.
Question 4: A client asks a Utah remote notary to perform a RON. Which of the following is a specific requirement for the notarial certificate used for this remote notarization?
- It must be printed on tamper-evident paper after the session.
- It must list the specific RON technology vendor used.
- It must include a statement that the notarization was performed remotely. (Correct answer)
- It must be signed in a different color ink than the signer's electronic signature.
Correct answer: It must include a statement that the notarization was performed remotely.
According to Utah Code 46-1-6.5(6), a remote notary must ensure that the notarial certificate used for a remote notarization includes a statement indicating that the act was performed remotely. This provides transparency and a clear record of the method used for the notarization.
Question 5: A person is applying to become a remote notary in Utah. In addition to holding a traditional notary commission, what is the required surety bond amount they must obtain?
- $5,000, the same as a traditional notary.
- $15,000, to cover both traditional and remote acts.
- $25,000, due to the increased risk of online transactions.
- $10,000, which can be a new bond or an increase to their existing bond. (Correct answer)
Correct answer: $10,000, which can be a new bond or an increase to their existing bond.
To become a remote notary in Utah, an applicant must increase their total surety bond coverage to $10,000. This can be achieved by getting a rider to increase their existing $5,000 traditional bond or by purchasing a separate, additional $5,000 bond.
Question 6: Which of the following statements BEST describes the journal requirements for a Utah notary authorized to perform remote online notarizations?
- A journal is recommended for RON but only mandatory for real estate transactions.
- The notary must keep a secure electronic journal for all RONs, but a paper journal is acceptable for in-person notarizations. (Correct answer)
- The notary must use the same permanently bound paper journal for both traditional and remote notarizations.
- A journal is optional for all notarial acts, whether remote or in-person, but is considered a best practice.
Correct answer: The notary must keep a secure electronic journal for all RONs, but a paper journal is acceptable for in-person notarizations.
Utah Code 46-1-13 makes a clear distinction: while a journal is optional (but recommended) for traditional, in-person notarizations, it is mandatory for a remote notary to keep a secure electronic journal of every remote notarization they perform.
UT Notary - Utah Notary Remote Online Notarization (RON) Questions and Answers 1
A Utah remote notary is conducting a RON session.
The signer is physically located in Germany for the transaction.
Where must the notary be physically located to perform the notarial act legally?