Utah otary Flashcards-100% verified solutions-2024.docx, Exams of Advanced Education

Download Utah otary Flashcards-100% verified solutions-2024.docx and more Exams Advanced Education in PDF only on Docsity! Utah otary Flashcards-100% verified solutions-2024 Powers & limitations Notarial acts that may be performed by a notary within the state. Acknowledgement 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 voluntarily signing a document for the document's state purpose. Jurat A notarial act in which a notary certifies that a signer, whose identity is personally known or proven on the basis of satisfactory evidence, has made, in the notary's presence, a voluntary signature and taken an oath or affirmation vouching tfor the truthfulness of the signed document. False or incommplete certificate A notary may not execute a certificate containing a statement known by the notary to be of this nature. Notarization of an electronic signature requirers A personal appearance and certification of a voluntary signature. Notarization of an electronic signature can not be done... Over the phone, fax, email or video conference. For electronic notarization, the signer is in the presence of the notary using Computer instead of pen and paper. Electronic Signature An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. A signer must always appear before the notary except: There are no exceptions. Many fraud cases begin with stories of why the signer could not personally appear. Failing to name the appearing signer When a signers name does not appear on the certificate in print. Many fraud cases show that the "defrauder" was able to add a different name in the Jurat or Acknowledgment simply because: The notary failed to include the correct name in the first place or forgot to put the signer's name on the certificate in print.. Policiy contrary to UCA 46-1-8 A notary "Picks & chooses" who is served based on personal preferences or prejudices. To "pick and choose" who is served based on personal preferences. By law, a notary may not refuse to enter into a lawful transaction involving a notarial act. An employer may: *Determine when the notary is availabe to serve the public DURING work hours. *Establish policy that the notary will only notarize company documents DURING work hours. *Allow the notary to serve the public at determined times DURING work hours. *Require a $5 fee for clients or non-clients. An employer may not: *Determine when the notary is avaiable to serve the public AFTER work hours. *Establish policy that the notary's service is restricted to the workplace. *"Pick & choose" which documents or customers will be served whenthe notary is serving the general public (unless the transaction is unlawful) *Require more than $5 per signature notarized. Valid Identification * Passport (from this or any nation) * Approved Government I.D. Approved Government I.D. (U.S., any state within the U.S., or Foreign) must include: A photograph, Signature, and Physical Description. Not Valid Identification *Driver's Privilege Card *Birth Certificate *Marriage License An employer MAY NOT confiscate... the seal when the notary ceases employment. Reference 46-1-16(2) A notary shall keep an... official notarial seal that is the exclusive property of the notary and that may not be used by any other person. Reference 46-1-13: If a notary maintains a journal, the notary shall: 1. Safeguard the journal and all other notarial records as valuable public documents and may not destroy the documents; 2. Keep the journal in the exclusive cusody of the notary, not to be used by any other notary or surrendered to an employer upon termination of employment. Materially incomplete Leaving out the notarial language and failing to name the signer, leaving out where and when the notarization took place. A good rule of thumb for notaries to ask is... What happened? Title 57 has a suggested form that, if properly completed,... is sufficient under any law of the State of Utah. Reference 46-1-9: False or incomplete certificate. A notary may not execute a certificate containing a statement known by the notary to be false or materially incomplete. Reference: 57-2a-7 Statuatory Short Form Form of Acknowledgment The form of acknowledgemnt set forth in this section, if properly complete, is sufficient under any law of this state. Venue The place of ground you stand on at the time of notarization. Utah Code Title 46 Notaries Public Reform Act Commission (a) to empower to perform notarial acts & (b) the written authority to perform those acts. Copy certification A notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. Notarial act & notarization Any act that a notary is empowered to perform under this section. Notarial certificate The part of or attachment to a notarized document for completion by the notary and bearing the notary's signature and seal. Notary Any person commissioned to perform notarial acts under this chapter. Oath or affirmation A notarial act in which a notary certifies that a person made a vow or affirmation in the precence of the notary on penalty of perjury. Official misconduct A notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act. Personal knowledge of identity Familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. Satisfactory evidence of identity Identification of an individual based on valid peronal identification ie; photograph, signature & physical description issued by the US government or a foreign government; a passport, or the oat or affirmation of a credible person who is personally known to the notary and who personally knows the individual. Satisfactory evidence of identity does not include: (1) a driving privilege card or another documents that is not considered valid for identification. A person qualified for a notarial commission shall: (1)be 18 years or older, (2) lawfully reside in this state 30 days before filing for notarial commission and maintain permanent residceny hereafter (3)Be able to read, write and understand English (4) Submit an application (5) Be endorsed by two residents of the state who are over the age of 18. A notary application must state: age, date of birth, personal qualifications, residence, business address, daytime telelphone number, criminal convictions, all derogatory notarial expericence, a passing score on a written examination, a declaration, an application fee. Notary can perform acts... In any part of this state. The length of a notary's term 4 years A notarial commission may not become effective until a constitutional oath of office and a bond for how much has been filed with and approved by the lieutenant governor? $5,000 Recommissioning A notary shall submit a new application and bond and complyy with the provisions of this chapter. Powers and limitations Acts performed by a notary: acknowledgements, copy certifications, jurats & oaths or affirmations A notary may not perform a notarial act if if the notary is... a signer of the document that is to be notarized except in the case of a self-proved will A notary may not perform a notarial act if the notary is named... in the documents that is to be notarized exept in the case of a self-proved will or a licensed attorney representing a signer or another person named in the document.