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: (a) unless the journal is an electronic journal, consist of one or more permanently bound reco…

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

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)(a) Except as pr…

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 N…

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) A surety for a notary's bond may be liable to any person for damages proximately caused to that person by …

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 46-1-3.

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: (a) the notary's new name, including official documentation of the name change; and (b) a bo…

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 (4), and subject to Section 46-1-3.5, the lieutenant governor shall commission as a notary any qualified individual who submits an application in accordance with t…

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 Section 46-1-3 may apply to the lieutenant governor for a remote notary certification under this section…

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

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: (a) electronic soft…

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

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

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, Chapt…

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) a self-proved will as provided in Section 75-2-504; or (b) a self-proved electronic will as provided in Section 75-2-1408; (2…

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.

46-4-101. Title. This chapter is known as the "Uniform Electronic Transactions Act."

46-4-102. Definitions. As used in this chapter: (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to …

46-4-103. Scope. (1) Except as otherwise provided in Subsection (2), this chapter applies to electronic records and electronic signatures relating to a transaction. (2) This chapter does not apply to: (a) a transaction to the extent it is governed by a law governing the creation …

46-4-104. Prospective application. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after May 1, 2000.

46-4-105. Use of electronic records and electronic signatures -- Variation by agreement. (1) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic for…

46-4-106. Construction and application. This chapter must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion o…

46-4-201. Legal recognition of electronic records, electronic signatures, and electronic contracts. (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability …

46-4-202. Provision of information in writing -- Presentation of records. (1)(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if …

46-4-203. Attribution and effect of electronic record and electronic signature. (1)(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. (b) The act of the person may be shown in any manner, including a showing of the effica…

46-4-204. Effect of change or error. (1) If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (a) If the parties have agreed to use a security procedure to detect changes or errors and one party has con…

46-4-205. Notarization and acknowledgment. (1) If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied by following the procedures and requirements of Subsection 46-1-16(8). (2) The electronic signature of …

46-4-301. Retention of electronic records -- Originals. (1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: (a) accurately reflects the information set forth in the record after it …

46-4-302. Admissibility in evidence. In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

46-4-401. Automated transaction. In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and a…

46-4-402. Time and place of sending and receipt. (1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (a) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated …

46-4-403. Transferable records. (1) As used in this section, "transferable record" means an electronic record that: (a) would be a note under Title 70A, Chapter 3, Uniform Commercial Code - Negotiable Instruments, or a document under Title 70A, Chapter 7a, Uniform Commercial Code…

46-4-403. Transferable records. (1) As used in this section, "transferable record" means an electronic record that: (a) would be a note under Title 70A, Chapter 3, Uniform Commercial Code - Negotiable Instruments, or a document under Title 70A, Chapter 7a, Uniform Commercial Code…

46-4-501. Creation and retention of electronic records and conversion of written records by governmental agencies. (1) A state governmental agency may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that: (a) i…

46-4-502. Providing services or information electronically -- Interpretation of terms in Utah Code. (1) To provide services or information electronically, a state governmental entity may implement the terms listed in Subsection (2) in accordance with this section: (a) when the te…

46-4-503. Government products and services provided electronically. (1) Notwithstanding Section 46-4-501, a state governmental agency that administers one or more of the following transactions shall allow those transactions to be conducted electronically: (a) an application for o…

46-5-101. Title. This chapter is known as the "Uniform Electronic Legal Material Act."

46-5-102. Definitions. In this chapter: (1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. (2) "Legal material" means, whether or not in effect: (a) the Utah Constitution; (b) the Laws o…

46-5-103. Applicability. This chapter applies to all legal material in an electronic record that is designated as official under Section 46-5-104 and first published electronically on or after January 1, 2019.

46-5-104. Legal material in official electronic record. (1) If an official publisher publishes legal material only in an electronic record, the official publisher shall: (a) designate the electronic record as official; and (b) comply with Sections 46-5-105, 46-5-107, and 46-5-108…