Title 46, Title 46: Notarization and Authentication of Documents, Electronic Signatures, and Legal Material

46-1-14. Sunsetting provisions for entries in journal -- Required information. (1) This section applies only to a notary described in Subsection. 46-1-13(1) (2) A notary may, for each notarial act the notary performs, and a remote notary shall, for each notarial act the remote no…

46-1-14.1. Entries in journal -- Required information. (1) This section applies to a notary who receives a commission, or a new commission, on or after May 6, 2026. (2) A journal shall: unless the journal is an electronic journal, consist of one or more permanently bound records,…

46-1-15. Inspection of journal -- Safekeeping and custody of journal -- Nature of record. (1) Except as provided in Subsection, a notary shall: (2)(b) keep the notary's journal in the notary's exclusive custody; and ensure that the journal is not used by any other person for any …

46-1-16. Official signature -- Official seal -- Destruction of seal -- Unlawful use of seal -- Criminal penalties. (1) In completing a notarial act, a notary shall sign on the notarial certificate exactly and only the name indicated on the notary's commission. (2) Except as provi…

46-1-17. Obtaining official seal. (1) A person may not provide an official seal to an individual claiming to be a notary, unless the individual presents a copy of the individual's notarial commission, attached to a notarized declaration substantially as follows:Application for No…

46-1-18. Liability. (1) A notary may be liable to any person for any damage to that person proximately caused by the notary's misconduct in performing a notarization. (2) A surety for a notary's bond may be liable to any person for damages proximately caused to that person by the…

46-1-19. Revocation or suspension. The lieutenant governor may revoke or suspend a notarial commission on any ground for which an application for a notarial commission may be denied under Section.

46-1-2. Definitions. As used in this chapter: (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to vol…

46-1-20. Change of name or address -- Bond policy rider. (1) Within 30 days after the day on which a notary changes the notary's name, the notary shall provide to the lieutenant governor: the notary's new name, including official documentation of the name change; and a bond polic…

46-1-21. Resignation. (1) A notary who resigns a notarial commission shall provide to the lieutenant governor a notice indicating the effective date of resignation. (2) A notary who ceases to reside in this state, who ceases to be employed in the state, or who becomes unable to r…

46-1-22. Notice not invalidated. If a notarial act is performed contrary to or in violation of this chapter, that fact does not of itself invalidate notice to third parties of the contents of the document notarized.

46-1-23. Dedication of fees. The lieutenant governor shall deposit all money collected under this chapter into the General Fund as a dedicated credit to be used by the lieutenant governor to administer this chapter.

46-1-3. Qualifications -- Application for notarial commission required -- Term. (1) Except as provided in Subsection, and subject to Section, the lieutenant governor shall commission as a notary any qualified individual who submits an application in accordance with this chapter. …

46-1-3.5. Remote notary qualifications -- Application -- Authority. (1) An individual commissioned as a notary, or an individual applying to be commissioned as a notary, under Sectionmay apply to the lieutenant governor for a remote notary certification under this section. 46-1-3…

46-1-3.6. Remote notarization procedures. (1) A remote notary who receives a remote notary certification under Sectionmay perform a remote notarization if the remote notary is physically located in this state. 46-1-3.5 (2) A remote notary that performs a remote notarization for a…

46-1-3.7. Rulemaking authority for electronic notarization. (1) The director of elections in the Office of the Lieutenant Governor may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding standards for and types of: electronic software…

46-1-4. Bond. (1) A notarial commission is not effective until: the notary named in the commission takes a constitutional oath of office and files a $5,000 bond with the lieutenant governor that: a licensed surety executes for a term of four years beginning on the commission's ef…

46-1-6. Powers and limitations. (1) A notary may perform the following notarial acts: a jurat; an acknowledgment; a signature witnessing; a copy certification; and an oath or affirmation. (2) A notary may not: perform an act as a notary that is not described in Subsection; or (1)…

46-1-6.5. Form of notarial certificate for document notarizations. (1) A correctly completed affidavit in substantially the form described in this section, that is included in or attached to a document, is sufficient for the completion of a notarization under this. Title 46, Chap…

46-1-7. Disqualifications. A notary may not perform a notarial act if the notary: (1) is a signer of the document that is to be notarized, except for: a self-proved will as provided in Section; or 75-2-504 a self-proved electronic will as provided in Section; 75-2-1408 (2) is nam…

46-1-8. Impartiality. (1) A notary may not influence a person to enter into or to refuse to enter into a lawful transaction involving a notarial act by the notary. (2) A notary shall perform notarial acts in lawful transactions for any requesting person who tenders the appropriat…

46-1-9. False or incomplete certificate. A notary may not: (1) execute a certificate containing a statement known by the notary to be false or materially incomplete; or (2) perform any notarial act with intent to deceive or defraud.