Notary Agent’s Duties
Utah Mobile Notaries
In Utah, notary publics are commissioned for a period of four years. They’ll need to take and pass a test and post a $5,000 bond to cover their commission, in case of suits.
According to Utah State Legislature, the powers and limitations of a Utah notary public include:
- Performing a “jurat”: This is Utah’s language for a notarial act in which the notary public affirms…
- The signer is the presence of the notary
- They’re either personally known to the notary or have sufficient evidence to prove they are who they claim to be
- The signer swears an oath that the document is truthful and…
- That this person is voluntarily (not under coercion or being misled) signing the document
- Performing an acknowledgment
- Witnessing a signature
- Providing a certification of a copy
- Presiding over an affirmation or the taking of an oath
Besides online notarizations that are verified through the use of two-way audio and video conference technology, notaries cannot do any of the above acts if the signer is not physically present.
And here’s a unique Utah element: notary public seals in Utah must stamped with purple ink.
They include all the standard information, including their name, the words, “notary public,” “state of Utah,” and “my commission expires on ___” somewhere on the seal. Seals also have to include the notary’s commission number.
And what about journals? Keeping a journal or a record of all transactions and notarial acts is not a mandatory requirement in Utah.
But, again, journals provide invaluable evidence as a defense that holds up in a court of law. It’s considered irrefutable evidence that a correct notarization occurred. Otherwise, a potential suit could leave them open for a breach of law, perhaps even a revocation of their commission.
One last thing: In Utah, notaries have an obligation to make sure that a Jurat, Acknowledgement, or Copy Certification printed in another state conforms to Utah law. If the notary public decides to replace the notarial language using a pre-printed notarial certificate, they need to explain this to the signer.
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