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How to Become an Utah Notary


The Utah Notary Process:


Are you interested in becoming a Utah notary? Are you interested in generating extra income, starting your own Utah notary business, adding a notary title to your resume, or helping people in your community? The state of Utah appoints notaries to serve the public as unbiased impartial witnesses to document signing. Becoming a notary in Utah is a straightforward process, and as long as you meet the eligibility requirements listed below, you can apply to become a Utah notary. The American Association of Notaries has been helping individuals become notaries since 1994.

 

This guide will help you understand:

  1. Who can become a Utah notary
  2. The process to become a Utah notary
  3. Basic Utah notary duties

Qualifications to become a notary in Utah:


To become a Utah notary public, a notary applicant must meet the following requirements:

  

  1. Be at least 18 years old.
  2. Lawfully reside in Utah for at least thirty days immediately before the individual applies for a notarial commission.
  3. Be a United States citizen or have permanent resident status under Section 245 of the Immigration and Nationality Act.
  4. Be able to read, write, and understand English.
  5. Submit to a background check.

The process to become a notary in Utah:


In order to become a Utah notary and receive a Utah notary commission, a notary applicant must:   

 

  1. Meet the eligibility requirements provided in the previous section.
  2. Create an account with the Office of the Lieutenant Governor at https://notary.utah.gov/qualifications-and-process/ (or click here).
  3. Take an online test after completing the account creation process and pay $95 for testing and administration fees. To begin the testing process, go to http://notary.utah.gov/  (or click here).
  4. Print and sign the notary application after you pass the online test.
  5. Obtain a $5,000 notary bond.
  6. Get the oath of office notarized.
  7. Submit the application, original notary bond, and the notarized oath of office to the Office of the Lieutenant Governor. (Notary applications will not be accepted via fax or email.)

 

Notaries will receive by email their “Certificate of Authority of Notary Public” issued by the Office of the Lieutenant Governor.

Can a non-resident become a notary in Utah?

No. An applicant who is not a resident of Utah does not qualify for a Utah notary public commission.

Is an Utah notary bond required to become a notary in Utah?

Yes. A surety bond in the amount of $5,000 is required for any new applicant seeking an appointment as a notary public and for renewing notaries in Utah. The surety bond must be issued by a surety company qualified and authorized to do business in Utah (UCA §46-1-4). After May 8, 2017, the Division of Risk Management will no longer issue bonds for state employees. Existing Risk Management bonds issued to notaries public will stay in effect until the commission expiration date. All state employees will be required to obtain their $5,000 bonds through an insurance company that issues surety bonds.

 

A remote notary certification described in Section 46-1-3.5 is not effective until the notary public named in the remote notary certification files with the Lieutenant Governor evidence that the notary has obtained a $5,000 bond in addition to the $5,000 bond to be commissioned as a notary public.

Do I need an Utah notary errors & omission insurance?

A notary errors and omissions insurance policy is optional in Utah. The American Association of Notaries strongly recommends that Utah notaries obtain an errors and omissions insurance policy for their personal protection against liability. Errors and omissions insurance is designed to protect notaries who are sued for recovery from liability against unintentional notarial mistakes or omissions that result in financial or other types of loss to the public or a client. An E&O policy customarily covers legal fees and damages based on the coverage a Utah notary selects.

How much does it cost to become a notary in Utah?

A Utah notary applicant’s expenses may include the cost for the following: (1) a $55 fee to process an application for appointment or reappointment; (2) a $40 testing fee; (3) a surety bond; (4) a notary stamp; (5) a journal if a notary wishes to adhere to the recommendations of the Lieutenant Governor that Utah notaries maintain a journal of their notarial acts; and (6) an E&O insurance policy if a notary wishes to obtain one for his or her own personal protection against liability.

How long is the term of a notary public commission in Utah?

The term of office of a Utah notary public is four years commencing with the date specified in the notary public commission. However, a notary’s commission may be rendered void (1) by resignation, death, or revocation; (2) when a notary no longer maintains permanent residency in Utah during the term of the notary’s commission; (3) when the notary is no longer a citizen or permanent legal resident of the United States; and (4) when a notary can no longer read, write, and understand English.  

Where can I perform notarial acts in Utah?

A Utah notary has statewide jurisdiction and may perform notarial acts in any county at any location in Utah. However, a notary public may not perform notarial acts outside the state of Utah.

Who appoints Utah notaries public?

The Office of the Lieutenant Governor appoints Utah notaries public. To contact the Office of the Lieutenant Governor, use the following information:

 

Office of the Lieutenant Governor
Utah State Capitol Complex
Notary Office
350 N. State Street, Suite 220
P.O. Box 142325
Salt Lake City, UT 84114-2325
801-538-1041

Fax: 801-538-1133

Email: notary@utah.gov

Website: https://notary.utah.gov

How do I renew my Utah notary commission?

The state of Utah does not have a provision for notaries who wish to renew their notary commissions; however, these notaries may use their current notary usernames and passwords to proceed with their applications for reappointment by following the initial application for appointment process and procedures, taking the test, and updating their personal information. A notary whose legal name changed during his or her last notary commission must create a new account to proceed with his or her application for reappointment. To apply for reappointment as a notary public, visit the Lieutenant Governor’s website at https://secure.utah.gov/account/log-in.html.

Are there any exams or notary course requirements?

Yes. All new applicants seeking an appointment as a notary public and renewing notaries in Utah are required to take and pass the online test with the Office of the Lieutenant Governor. The online test consists of 35 questions totaling 65 points, and each applicant must pass with 61 points or higher to apply for a notary commission. To take the initial online test, each applicant must first create an account and log in with a username and password on the website of the Lieutenant Governor. If the applicants pass the online test, they can proceed and complete their notary applications, print out their applications, and pay the full amount for the online test and application fee in the amount of $95. Applicants who did not pass the initial online test will have thirty days after the first test date to retake the online test and pay an additional $40 fee. Applicants who take the online test after the thirty-day period will be charged for both the administrative and testing fee of $95. The application fee and testing fee are non-refundable.

Do I need to purchase a notary stamp in Utah?

Yes. The Utah notary statute requires all notaries public to use a sharp, legible, and photographically reproducible ink impression of an official seal to authenticate all their official acts. Section 46-1-16 of the Utah Code Annotated provides the legal specifications regarding the layout and the information required on all official seals.

 

Dimensions: The official seal must have a rectangular border no larger than 1 inch by 2 ½ inches surrounding the required words and official seal.

 

Required Elements: The official seal must contain the following elements:

 

  • The notary public’s name exactly as indicated on the notary’s commission
  • The words “Notary Public”
  • The words “State of Utah”
  • The words “My Commission Expires on______” (commission expiration date)
  • The notary’s commission number, exactly as indicated on the notary’s commission
  • A facsimile of the great seal of Utah

 

Note: Each official seal used by a Utah notary public for an in-person notarization must be in purple ink. Each official seal used by a remote notary for a remote notarization must be rendered in black. A Utah notary may use an embossed seal impression that is not photographically reproducible in addition to, but not in place of, the photographically reproducible official seal required in Section 46-1-16.

Is a notary journal required in Utah?

No. However, Section 46-1-13 of the Utah Code Annotated states, “A notary may keep, maintain, and protect as a public record, and provide for lawful inspection a chronological, permanently bound official journal of notarial acts, containing numbered pages.” While Utah notary law does not require a journal, the Office of the Lieutenant Governor and the American Association of Notaries highly recommend that Utah notaries maintain a journal of their notarial acts to: (1) assist in recalling past notarial acts, if needed, or if legally challenged; (2) prove that they used reasonable care in their performance as a notary public; and (3) provide irrefutable evidence that a correct notarial act occurred. Utah notaries are encouraged to maintain a permanent, paper-bound journal with numbered pages to create and preserve a chronological record of every notarial act performed as a protective measure against liability. For Utah notary supplies, visit the American Association of Notaries website at www.usnotaries.com, call 800.721.2663, or click here.

How much can an Utah notary charge for performing notarial acts?

Utah notary fees are set by state notary statute (UCA §46-1-12). The maximum allowable fees that a Utah notary can charge for various notarial acts are listed below:

 

  • Acknowledgments - $10.00 per signature
  • Oaths or affirmations without a signature - $10.00 per person
  • Jurats - $10.00 per signature
  • Certified Copies - $10.00 per page certified
  • Signature witnessing - $10.00 per each signature
  • Immigration status form - $10.00 per individual for each set of forms

 

A notary public may charge a travel fee, not to exceed the approved federal mileage rate when travelling to perform a notarial act, if: (1) the notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee; (2) the notary explains that the fee is not mandated by law; and (3) the notary and the person agree upon the travel fee in advance.

 

“A notary shall display an English-language schedule of fees for notarial acts and may display a non-English-language schedule of fees” (UCA §46-1-12[3]).

What notarial acts can an Utah notary public perform?

A Utah notary is authorized to perform the following notarial acts (UCA §46-1-6):

 

  • Take acknowledgments
  • Administer oaths or affirmations
  • Perform jurats
  • Certify copies
  • Witness signatures

Can I perform electronic notarization in Utah

Yes. The Utah Code Annotated, Chapter 4 “Uniform Electronic Transactions Act” authorizes Utah notaries public to obtain an electronic signature and electronic seal to notarize electronic documents in the physical presence of the individual seeking the notarization.

Can I perform remote (online) notarizations in Utah?

Yes. Effective November 1, 2019, the Utah Legislature enacted remote online notarization laws pursuant to the Utah Code Annotated, Title 46, Chapter 1, Section 3.5, which allow a Utah notary public who is physically located in Utah to perform a remote notarization as a remote notary.  Before a notary public performs an initial remote notarization, the notary must apply to the Office of the Lieutenant Governor for a remote notary certification. The remote notary must certify that the communication technology and identity proofing he or she will use to perform remote notarizations are in compliance with UCA §46-1-3.7. The remote notary application/certification process will be available for current Utah notaries beginning on November 1, 2019. To apply for remote notary certification, applicants must be currently registered as active Utah notaries public.

 

When performing remote notarizations using an approved communication technology, a remote notary must adhere to these statutory requirements:

 

  1. The remote notary must be physically located in Utah, even though the remotely located individual may be geographically located in any state or country.
  2. The remotely located individual must be visually in the presence of the remote notary through the use of audio and visual communication technologies.
  3. The remotely located individual’s identity must be established based on satisfactory evidence of identity using an approved identity proofing technique.
  4. The remote notary must complete a notarial certificate.
  5. The remote notary must state in the notarial certificate that the remote notarization was performed using communication technology.
  6. The remote notary must record in an electronic journal the remote notarization performed for a remotely located individual using communication technology.
  7. The remote notary must retain an audiovisual recording of the remote notarization performed using the communication technology for a remotely located individual.
  8. The maximum fee the remote notary may charge for the remote notarization is $25.

How do I change my address?

Within thirty days of a change in residential or business address, the notary must provide his or her old and new address to the Office of the Lieutenant Governor. To satisfy this statutory requirement to update a notary’s address, a notary may: (1) go online by using his or her login information at the Lieutenant Governor’s website; (2) call 801-538-1041; (3) email: notary@utah.gov; or (4) fax: 801-538-1133. For an address change, go to https://notary.utah.gov/resources/address-change/. No fee is required for an address change.

How do I change my name on my Utah notary commission?

Within thirty days of a change in name, the notary must provide to the Office of the Lieutenant Governor the following documents: (1) the notary’s new name, including official documentation of the name change (marriage certificate, divorce decree, etc.) and (2) a bond policy rider that reflects both the notary’s old and new name.  The notary must also update his or her contact information, if applicable. The notary must obtain a new official seal and destroy the old seal with the original notary commission. A notary is not required to change the notary’s name by adopting the surname of a spouse. For a name change, go to https://notary.utah.gov/name-change/. No fee is required for a name change.

Utah notarial certificates:

Click here to view Utah’s notarial certificates.

 

Revised: October 2019

Legal disclaimer: The American Association of Notaries makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained on this page. Information this page is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding federal laws and statutes and the laws and statutes of each state, we have gathered the information from a variety of sources. We do not warrant the information gathered from those sources. It is your responsibility to know the appropriate laws governing your state. Notaries are advised to seek the advice of an attorney in their state if they have legal questions about how to notarize.

Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.