Utah Notary Public Exam — Questions and Answers

Question 1: Under Utah law, where on a document must the notary affix their seal?

Near the notarial certificate, so it is clearly associated with the notarial act (Correct answer)
In the top left corner only
Only on the last page of multi-page documents
On the signature line of each signer

Correct answer: Near the notarial certificate, so it is clearly associated with the notarial act

The notary seal should be affixed near the notarial certificate so that it is clearly associated with the notarial act being performed.

Question 2: What must a Utah notary assess about a signer before performing a notarial act?

Whether the document has been reviewed by an attorney
Whether the signer has paid all applicable taxes
Whether the signer is competent, acting voluntarily, and aware of the transaction (Correct answer)
Whether the signer is a Utah resident

Correct answer: Whether the signer is competent, acting voluntarily, and aware of the transaction

Before notarizing, the notary must be satisfied that the signer appears competent (understands what they are signing) and is acting voluntarily without coercion.

Question 3: 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?

It must include a literal translation of the phrase 'Notary Public' into Spanish.
It must contain a statement in both English and Spanish that the notary is not an attorney. (Correct answer)
It must state that the notary's fees are regulated by the Utah State Bar.
It must state that the notary is authorized to assist with immigration forms.

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

Utah Code 46-1-11 specifically requires that a non-attorney notary who advertises in a language other than English must include a notice in both English and the language of the advertisement stating, 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE.' Literal translations of 'Notary Public' are prohibited if they imply the notary is an attorney.

Question 4: How should a Utah notary handle a situation where they discover they made an error in a previously completed notarial certificate?

Contact the parties involved and, where appropriate, re-notarize the document with a corrected certificate (Correct answer)
Alter the original document's certificate surreptitiously
Ignore it — the act is done and cannot be corrected
Report themselves to the Lieutenant Governor's Office immediately

Correct answer: Contact the parties involved and, where appropriate, re-notarize the document with a corrected certificate

When an error in a previously completed certificate is discovered, the notary should contact the affected parties and, if necessary, arrange for re-notarization with a corrected certificate.

Question 5: How long is a notary commission term in Utah?

10 years
5 years
4 years (Correct answer)
2 years

Correct answer: 4 years

Utah Code § 46-1-4 establishes a 4-year commission term for notaries public.

Question 6: What is the 'credible witness' method of identification under Utah law?

Two strangers to the notary vouch for the signer
The notary relies on the signer's employee badge
A person known to the notary swears under oath that the signer is who they claim to be (Correct answer)
The signer identifies themselves by business card

Correct answer: A person known to the notary swears under oath that the signer is who they claim to be

A credible witness is a person personally known to the notary who takes an oath swearing to the signer's identity when the signer lacks acceptable ID.

Question 7: 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 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.
The journal is mandatory for all notarial acts and must be submitted to the Lieutenant Governor annually.

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 8: 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.
Proceed with the notarization but make a special note in the journal that a Driving Privilege Card was used.
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.

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 9: A Utah notary is asked to notarize a signature on a document that is clearly a contract for illegal services. What must the notary do?

Contact the court before deciding
Notarize it, as the notary is not responsible for the document's legality
Refuse to perform the notarial act because it would facilitate an illegal purpose (Correct answer)
Charge double the fee to compensate for the risk

Correct answer: Refuse to perform the notarial act because it would facilitate an illegal purpose

A Utah notary must refuse to perform a notarial act when they know or have strong reason to believe the act will facilitate illegal activity.

Question 10: Must a Utah notary be separately registered or authorized to perform RON?

Only registration with a RON provider is required, not with the state
Yes, but only for real estate transactions
No, all commissioned Utah notaries may automatically perform RON
Yes, a Utah notary must register with the Lieutenant Governor's Office and use an approved RON platform (Correct answer)

Correct answer: Yes, a Utah notary must register with the Lieutenant Governor's Office and use an approved RON platform

Utah Code § 46-1-3.7 requires notaries to register with the Lieutenant Governor's Office and use a state-approved RON platform to perform remote online notarizations.

Question 11: When completing a jurat certificate in Utah, the notary certifies that the signer:

Signed and swore or affirmed the contents are true (Correct answer)
Provided two forms of government-issued ID
Was accompanied by an attorney
Acknowledged signing the document voluntarily

Correct answer: Signed and swore or affirmed the contents are true

A jurat certificate certifies that the signer appeared before the notary, signed the document in the notary's presence, and took an oath or affirmation that the contents are true.

Question 12: When a Utah notary resigns, retires, or their commission expires and is not renewed, what must happen to their journal?

They must mail it to the Lieutenant Governor's Office immediately
The journal must be delivered to the county clerk's office (Correct answer)
They may keep it indefinitely as a personal record
It may be destroyed after 30 days

Correct answer: The journal must be delivered to the county clerk's office

Upon ceasing to be a notary, Utah law requires the former notary to deliver their journal to the county clerk of the county where the journal was kept.

Question 13: How should a Utah notary correct an error in a journal entry?

Remove the page and start a new entry
Leave the error uncorrected to preserve the original record
Draw a single line through the error, write the correction, and initial it (Correct answer)
Use correction fluid (white-out) to cover the error

Correct answer: Draw a single line through the error, write the correction, and initial it

Corrections in a notary journal should be made by drawing a single line through the error, writing the correct information, and initialing the correction — never by obscuring or removing the original entry.

Question 14: When a Utah notary certifies a copy of a document, must the notary have possession of the original at the time of certification?

No, the signer may describe the original without presenting it
Yes, the notary must examine the original document and the copy together to perform the certification (Correct answer)
Only if the copy is more than one page long
Only for documents involving real property

Correct answer: Yes, the notary must examine the original document and the copy together to perform the certification

To certify a copy, the notary must compare the photocopy to the original, which requires having the original present at the time of the certification.

Question 15: 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.
No obligation exists unless the notary is also a licensed professional, such as an attorney or real estate agent.
They are only required to state the fee verbally before performing the notarization.
They must conspicuously display a list of their fees or provide the list to any person upon request. (Correct answer)

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 16: A Utah notary performs a copy certification. What exactly does the notary certify?

That the contents of the document are true and accurate
That the original was issued by a government agency
That the photocopy is a true and accurate reproduction of the original document (Correct answer)
That the original document was validly executed

Correct answer: That the photocopy is a true and accurate reproduction of the original document

In a copy certification, the notary certifies only that the photocopy accurately reproduces the original document — not that the original's contents are true or valid.

Question 17: Does Utah law require a notary to provide a receipt for fees charged?

Yes, a receipt is always required
Only for fees above $50
Only for government agency transactions
No, receipts are not specifically required by Utah law but may be requested by the client (Correct answer)

Correct answer: No, receipts are not specifically required by Utah law but may be requested by the client

Utah notary law does not specifically mandate receipts for fees, but best practices and client requests should be accommodated.

Question 18: What technology is required to perform a remote online notarization (RON) in Utah?

A secure fax line
Audio-visual communication technology that allows real-time interaction (Correct answer)
A phone call with audio only
Email with electronic signature

Correct answer: Audio-visual communication technology that allows real-time interaction

Utah Code § 46-1-3.7 requires real-time audio-visual communication technology for RON so the notary can see and hear the signer simultaneously.

Question 19: A Utah notary knowingly notarizes a document containing fraudulent information. Which best describes the potential consequences?

Automatic referral to the Utah State Bar only
Criminal charges, civil liability, and commission revocation (Correct answer)
A mandatory $500 fine only
Commission revocation only

Correct answer: Criminal charges, civil liability, and commission revocation

Knowingly participating in fraud exposes a Utah notary to criminal charges (fraud, forgery), civil liability for damages, and revocation of their commission.

Question 20: After a surety company pays a claim to a harmed party on behalf of a notary, what right does the surety typically retain?

The surety can seek reimbursement from the notary for the amount paid (Correct answer)
The surety automatically cancels the notary's commission
The surety reports the notary to the Utah State Bar
The surety forgives the notary and absorbs the full loss

Correct answer: The surety can seek reimbursement from the notary for the amount paid

A surety bond is not insurance for the notary; after paying a claim, the surety has the right of subrogation and can seek reimbursement from the notary.

Question 21: What is the purpose of a 'protest' as a notarial act in Utah?

To notarize a document under protest by the signer
To formally certify that a negotiable instrument was dishonored (Correct answer)
To object to a government ruling on behalf of a client
To record an objection to a real estate transaction

Correct answer: To formally certify that a negotiable instrument was dishonored

Protest is a notarial act by which a notary certifies that a negotiable instrument such as a check or promissory note was presented for payment and was dishonored.

Question 22: Which Utah government office is responsible for approving and maintaining a list of accepted remote online notarization technology providers?

The Utah Lieutenant Governor's office (Correct answer)
The Utah Division of Corporations
The Utah State Bar
The Utah Department of Commerce

Correct answer: The Utah Lieutenant Governor's office

In Utah, the Lieutenant Governor's office oversees notary public matters, including the approval of RON technology platforms. Notaries must use a provider approved by that office.

Question 23: Which Utah statute governs the use of electronic signatures in notarial acts?

Federal ESIGN Act only — Utah has no state law
Utah Code § 46-4-101 (Utah Electronic Transactions Act) in conjunction with notary-specific RON provisions (Correct answer)
Utah Code § 78B-1-104
Utah Code § 31A-2-201

Correct answer: Utah Code § 46-4-101 (Utah Electronic Transactions Act) in conjunction with notary-specific RON provisions

Electronic signatures in Utah are governed by the Utah Electronic Transactions Act (§ 46-4-101 et seq.) and, for notarial purposes, by the RON provisions in § 46-1-3.7.

Question 24: Can a notary in Utah use personal knowledge of the signer as a substitute for acceptable identification?

Yes, but only if the notary has known the signer for a long period and is confident in their identity.
Yes, if the notary has known the signer for at least 5 years.
No, personal knowledge can be used only for certain types of documents.
No, personal knowledge alone is not acceptable; the notary must use an acceptable form of ID. (Correct answer)

Correct answer: No, personal knowledge alone is not acceptable; the notary must use an acceptable form of ID.

Utah notary law, like most modern notary statutes, mandates specific, tangible forms of identification to verify a signer's identity. Relying solely on personal knowledge is insufficient because it lacks the objective, verifiable proof necessary to prevent fraud and ensure the integrity of the notarial act. The law requires acceptable forms of ID to provide a clear, consistent standard for identity verification, protecting both the notary and the public.

Question 25: 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.
Utah law prohibits charging any fees beyond the statutory maximum for the notarial act itself, so a travel fee is not allowed.
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)

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 26: A Utah notary is asked to perform a copy certification. Which of the following documents is the notary PROHIBITED from certifying?

An academic transcript from a private university
A personal letter
A contract between two individuals (Correct answer)
A child's birth certificate

Correct answer: A contract between two individuals

Utah Code 46-1-2(4) explicitly states that a copy certification is for a document that is 'neither a public record nor publicly recorded.' Birth certificates are vital records, which are a type of public record, and therefore cannot be copy certified by a Utah notary.

Question 27: Which form of identification is explicitly recognized as 'satisfactory evidence' of identity under Utah Code § 46-1-2?

A utility bill with the signer's name and address
A social media profile with a profile photo
A current passport issued by a foreign government (Correct answer)
A library card with photo

Correct answer: A current passport issued by a foreign government

Utah Code § 46-1-2 recognizes a current passport issued by a foreign government as satisfactory evidence of identity.

Question 28: Which of the following is a type of notarial act authorized under Utah Code § 46-1-6?

Apostilling foreign documents
Witnessing or attesting a signature (Correct answer)
Certifying the legal validity of a contract
Providing certified translations

Correct answer: Witnessing or attesting a signature

Utah Code § 46-1-6 authorizes notaries to witness or attest signatures as one of the recognized notarial acts.

Question 29: What happens to a Utah notary's commission if their surety bond lapses?

The commission is permanently revoked with no opportunity to reinstate
Nothing; a lapsed bond has no effect on the commission
The notary is given a 90-day grace period to renew the bond
The commission is automatically suspended until the bond is reinstated (Correct answer)

Correct answer: The commission is automatically suspended until the bond is reinstated

A notary's commission is suspended if their surety bond lapses, as maintaining a valid bond is a continuous requirement of the commission.

Question 30: What is required for a notary public in Utah to change their name or address?

Simply update the information in the notary’s journal.
Notify the Secretary of State and submit a new application.
Notify the Secretary of State and update their bond.
Notify the Secretary of State and pay a fee. (Correct answer)

Correct answer: Notify the Secretary of State and pay a fee.

Utah notaries are required to keep their commission information current with the Secretary of State. If a notary changes their name or address, they must officially notify the Secretary of State within a specified timeframe and typically pay a fee to update their records. This ensures that the notary's official information is accurate and accessible for public record and regulatory purposes.

Question 31: What ethical principle requires a Utah notary to maintain consistent standards when deciding whether to perform or refuse a notarial act?

Maximization of revenue
Equal treatment of all clients — consistency and non-discrimination (Correct answer)
Prioritizing government documents over private ones
Performing more acts for long-term clients

Correct answer: Equal treatment of all clients — consistency and non-discrimination

A Utah notary must apply consistent, non-discriminatory standards when deciding whether to perform a notarial act, treating all clients equally.

Question 32: A Utah notary's commission expires. What must the notary do with their official seal?

Transfer it to another commissioned notary at their workplace.
Destroy it to prevent any possible misuse. (Correct answer)
Keep it in a secure location for their personal records.
Return it to the Lieutenant Governor's office.

Correct answer: Destroy it to prevent any possible misuse.

Utah Code §46-1-16(9)(a)(i) requires that when a notary's commission expires, is resigned, or revoked, the notary must destroy their official seal and certificate. This is a critical step to prevent fraudulent use of an expired commission.

Question 33: Under Utah law, can a notary's commission be voluntarily surrendered?

No, commissions must be held until expiration
Only if the notary relocates out of state
Yes, a notary may voluntarily surrender their commission to the Lieutenant Governor's Office at any time (Correct answer)
Only with 90 days' advance notice

Correct answer: Yes, a notary may voluntarily surrender their commission to the Lieutenant Governor's Office at any time

A Utah notary may voluntarily surrender their commission to the Lieutenant Governor's Office at any time they no longer wish to serve.

Question 34: A Utah notary is a real estate agent and is asked by their broker to notarize a deed that benefits the brokerage. What is the ethical concern?

A concern only if the deed value exceeds $100,000
A direct conflict of interest exists because the notary has a financial interest in the transaction through their employment (Correct answer)
A concern only if the notary's commission would be revoked automatically
No concern — professional notaries regularly notarize for their employers

Correct answer: A direct conflict of interest exists because the notary has a financial interest in the transaction through their employment

A notary who has a financial interest in a transaction — even through their employer — has a conflict of interest that prohibits performing the notarial act.

Question 35: What ethical obligation does a Utah notary have regarding ongoing education and keeping current with law changes?

An ethical obligation to stay informed about changes to Utah notary law and best practices to serve the public competently (Correct answer)
Only an obligation for electronic notarizations
No ethical obligation — only mandatory continuing education requirements apply
Only an obligation if the notary charges fees

Correct answer: An ethical obligation to stay informed about changes to Utah notary law and best practices to serve the public competently

Ethical notarial practice requires notaries to stay informed about developments in Utah notary law and best practices to ensure competent service.

Question 36: Which of the following elements is REQUIRED to be included on a Utah notary public's official seal for traditional, paper-based notarizations?

The notary's phone number
The notary's business address
The Great Seal of the State of Utah (Correct answer)
The county where the notary is commissioned

Correct answer: The Great Seal of the State of Utah

According to Utah law (U.C.A. §46-1-16), the official seal must contain several key elements, including the notary's name as it appears on the commission, the phrases "Notary Public" and "State of Utah," the commission expiration date, the commission number, and a facsimile of the Great Seal of the State of Utah. The other options are not required.

Question 37: What is the primary purpose of the Utah Notaries Public Reform Act?

To create a notary monopoly for attorneys
To regulate notarial acts and protect the public from notary misconduct and fraud (Correct answer)
To collect revenue from notary fees
To eliminate all non-electronic notarizations

Correct answer: To regulate notarial acts and protect the public from notary misconduct and fraud

The Utah Notaries Public Reform Act is designed to regulate notarial acts, establish standards of conduct, and protect the public from fraud and misconduct.

Utah Notary Public Exam

The Utah Notary Public Exam is an online test administered by the Office of the Lieutenant Governor, assessing applicants on Utah notary laws, notarial acts, recordkeeping, identification requirements, and ethical responsibilities required to obtain a Utah notary commission.

Questions

60 min

Time Limit

94%

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