UT Notary - Utah Notary Signer Identification Requirements Questions and Answers 1 — Questions and Answers
Question 1: A signer appears before a Utah notary but has no form of identification. The signer's friend is present, is personally known to the notary, and also personally knows the signer. Under what condition can the notary legally identify the signer?
- If the friend presents their own valid ID and signs the notary's journal.
- If the friend is a direct family member of the signer.
- If the friend takes an oath or affirmation before the notary, vouching for the signer's identity. (Correct answer)
- If the friend is a licensed attorney in the state of Utah.
Correct answer: If the friend takes an oath or affirmation before the notary, vouching for the signer's identity.
According to Utah Code 46-1-2(20)(a)(i)(C), "satisfactory evidence of identity" can be established through "the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual." The friend in this scenario meets the definition of a credible witness.
Question 2: Which of the following is an essential characteristic of a valid personal identification document presented for an in-person notarization in Utah?
- It must be issued within the last five years.
- It must contain the signer's residential address.
- It must be issued by a government entity and contain a photograph, signature, and physical description. (Correct answer)
- It must have a magnetic stripe or scannable barcode for verification.
Correct answer: It must be issued by a government entity and contain a photograph, signature, and physical description.
Utah Code 46-1-2 defines satisfactory evidence of identity as valid personal identification issued by the U.S. government, any state, or a foreign government that includes the individual's photograph, signature, and physical description.
Question 3: A signer presents a Utah-issued 'Driving Privilege Card' as their only form of identification. What is the correct action for the notary to take?
- Accept the card, as it is issued by the state of Utah.
- Refuse to notarize, as this specific card is explicitly excluded as satisfactory evidence of identity. (Correct answer)
- Accept the card only if the signer also provides a valid credit card with a matching name.
- Proceed with the notarization but make a special note in the journal that a Driving Privilege Card was used.
Correct answer: Refuse to notarize, as this specific card is explicitly excluded as satisfactory evidence of identity.
Utah Code 46-1-2(20)(c)(i) specifically states that a "driving privilege card" is NOT considered "satisfactory evidence of identity" for notarial purposes.
Question 4: A notary has been the next-door neighbor of an individual for over 15 years and they interact frequently. The neighbor asks for a notarization but forgot their wallet at home. How may the notary properly identify the signer?
- By using another neighbor as a credible witness.
- By asking the signer to state their date of birth and address from memory.
- By accepting a photo of the signer's driver's license on their phone.
- By using personal knowledge of the signer's identity. (Correct answer)
Correct answer: By using personal knowledge of the signer's identity.
Utah Code 46-1-2 defines "personally known" as familiarity with an individual from interactions over time sufficient to eliminate every reasonable doubt about their identity. Given the long-standing relationship described, using personal knowledge is an acceptable method of identification.
Question 5: According to Utah law, which of the following documents is acceptable as a primary form of identification for a notarization?
- A valid passport issued by the government of France. (Correct answer)
- A U.S. Social Security card.
- A student ID card from a Utah university with a photo and signature.
- An original birth certificate issued by a U.S. state.
Correct answer: A valid passport issued by the government of France.
Utah Code 46-1-2(20)(a)(i)(B) states that a valid passport issued by any nation is considered satisfactory evidence of identity. The other options lack key required elements like a photo, signature, and physical description, or are not government-issued identification cards for this purpose.
Question 6: A signer's Utah driver's license expired two weeks before their notary appointment. According to Utah's definition of 'satisfactory evidence of identity', what must the notary do?
- Accept the license since it only recently expired.
- Proceed with the notarization but note the expiration date in the journal.
- Reject the expired license and ask for an alternative, valid form of identification. (Correct answer)
- Accept the expired license if it is accompanied by a valid, signed credit card.
Correct answer: Reject the expired license and ask for an alternative, valid form of identification.
Utah law requires identification to be valid and current (not expired). An expired ID does not meet the standard for satisfactory evidence of identity, so the notary must refuse it and ask the signer to provide a different, unexpired ID or use another identification method like a credible witness.
A signer appears before a Utah notary but has no form of identification.
The signer's friend is present, is personally known to the notary, and also personally knows the signer.
Under what condition can the notary legally identify the signer?