Key Takeaways
- Utah notaries may perform five types of notarial acts: acknowledgments, jurats, oaths/affirmations, signature witnessing, and copy certifications
- All notarial acts require the signer to be physically present before the notary (except for Remote Online Notarization)
- A notary may NOT perform any act that is not specifically authorized by Utah Code 46-1-6
- Personal appearance means the signer is physically present, not via video call (traditional notarization)
- Each notarial act has a specific purpose and proper certificate wording
Types of Notarial Acts in Utah
Under Utah Code Section 46-1-6, notaries public are authorized to perform specific notarial acts. Understanding each type of act is essential for exam success and proper practice.
The Five Authorized Notarial Acts
| Act Type | Primary Purpose |
|---|---|
| Acknowledgment | Signer admits signing voluntarily for the document's stated purpose |
| Jurat | Signer swears/affirms the truthfulness of the document's contents |
| Oath or Affirmation | Person makes a vow on penalty of perjury |
| Signature Witnessing | Notary witnesses a signature without an oath |
| Copy Certification | Notary certifies a copy is accurate and complete |
Personal Appearance Requirement
A critical requirement for all traditional notarial acts is personal appearance. Utah law states that a notary may not perform an act if the individual is not in the presence of the notary at the time the act is performed.
Important: "Personal appearance" means the signer must be physically present before the notary. For traditional notarizations, video calls, Skype, FaceTime, or other electronic means do NOT satisfy this requirement.
Prohibited Actions
A Utah notary may NOT:
- Perform an act not specifically authorized by Utah Code 46-1-6
- Notarize a signature without the signer being present
- Backdate or postdate a notarial certificate
- Claim to be an attorney if not licensed as one
- Notarize their own signature (self-notarization)
- Notarize when there is a personal financial interest in the transaction
On the Exam
- Five authorized acts: Acknowledgment, jurat, oath/affirmation, signature witnessing, copy certification
- Personal appearance: Required for all traditional notarial acts
- Prohibited: Acts not authorized by statute, absent signers, self-notarization
Which of the following is NOT an authorized notarial act under Utah Code 46-1-6?
For traditional (non-remote) notarizations, what does "personal appearance" require?