3.1 Types of Notarial Acts
Key Takeaways
- Utah Code 46-1-6 authorizes five notarial acts: acknowledgments, jurats, oaths/affirmations, signature witnessings, and copy certifications
- Every traditional act requires the principal's personal (physical) appearance before the notary at the time of the act
- A notary may not perform any act not expressly granted by statute, and may never refuse on the basis of race, religion, sex, sexual orientation, gender identity, national origin, or political affiliation
- Maximum statutory fee is $10 per in-person act; remote (online) notarizations are capped at $25 per act
- Personal appearance for traditional acts means physically present, not via FaceTime, Zoom, or telephone
Types of Notarial Acts in Utah
Under Utah Code Section 46-1-6, a commissioned notary public may perform only the acts the Legislature has expressly authorized. A notary is a public officer of limited, statutory authority: there is no "general" power to notarize. If a request does not fit one of the five acts below, the notary must decline. The exam tests both the names of the acts and the precise distinctions among them, so memorize this table cold.
The Five Authorized Notarial Acts
| Act Type | What the Notary Certifies | Oath? | Sign in Presence? |
|---|---|---|---|
| Acknowledgment | Signer admitted voluntarily signing for the document's stated purpose | No | No (may be pre-signed) |
| Jurat (verification on oath) | Signer swore/affirmed the contents are true AND signed in presence | Yes | Yes |
| Oath or Affirmation | A person made a vow on penalty of perjury (no document needed) | Yes | N/A |
| Signature Witnessing | The notary watched the signer sign | No | Yes |
| Copy Certification | A photocopy is an accurate copy of a non-public, non-recorded document | No | N/A |
The Personal Appearance Requirement
For every traditional act, the principal (the person whose signature or statement is notarized) must appear personally before the notary at the time the act is performed. "Personal appearance" means physically in the same room. A phone call, FaceTime, Zoom, or a signer waiting in a car outside does not qualify for traditional notarization.
Trap: Remote Online Notarization (RON) is a separate, registered process with its own technology and identity-proofing rules. The default rule the exam expects is physical presence; only treat a scenario as remote when it explicitly says the notary is a registered remote notary using an approved platform.
Acts a Utah Notary May NOT Perform
- Any act not listed in 46-1-6 (e.g., issuing an apostille — that is done by the Lieutenant Governor's office, not by you)
- Notarizing when the signer is absent, or back-dating/post-dating a certificate to a date other than the actual date of the act
- Notarizing the notary's own signature, or a document in which the notary or the notary's spouse has a direct beneficial financial interest
- Giving legal advice or selecting the certificate for the signer (that is the unauthorized practice of law unless the notary is a licensed attorney)
- Certifying a copy of a vital record or any publicly recorded document
Why Limited Authority Matters
Because a notary's power is purely statutory, the safest default whenever a request feels unusual is to stop and verify it fits one of the five acts. There is no residual "common-sense" authority to improvise a hybrid act, to certify facts the notary observed, or to authenticate a document's legal validity. A notary who exceeds these bounds — for example, by adding language guaranteeing a document is enforceable — risks personal civil liability and possible revocation of the commission by the Lieutenant Governor. Knowing the outer edge of authority is as important as knowing the acts themselves.
Fees and Refusal Rules
Utah Code 46-1-12 caps fees: $10 per act in person, and a maximum of $25 for a remote online notarization. A notary may charge less or nothing, but may post a fee schedule. Importantly, a notary may not refuse to serve a member of the public on the basis of race, religion, national origin, sex, sexual orientation, gender identity, or political affiliation. A notary must refuse when the signer cannot be identified, appears confused or coerced, or the document is incomplete (blanks).
Selecting the Right Act
The notary may describe the difference between acts but may not choose the act for the signer unless the notary is a licensed attorney — selecting a certificate is considered giving legal advice. In practice, the document itself usually dictates the act through its pre-printed certificate ("acknowledged before me" signals an acknowledgment; "subscribed and sworn" signals a jurat). When a document arrives with no certificate, the notary asks the signer or the agency requesting it which act is required, then attaches the matching loose certificate.
The Notarial Certificate
Every completed act is memorialized in a notarial certificate (defined in 46-1-2 and 46-1-6.5): the wording attached to or part of the document, completed by the notary, bearing the notary's signature and official seal. The certificate must state the venue (State of Utah and the county where the act occurs), the date, the name of the principal, the act performed, and the method of identification. A certificate missing the seal or signature is incomplete and the notarization is invalid.
Quick Decision Guide
| Signer's need | Correct act |
|---|---|
| "Confirm I signed this deed willingly" | Acknowledgment |
| "Swear my affidavit is true" | Jurat |
| "Put me under oath to testify" | Oath/affirmation |
| "Prove I signed this form live" | Signature witnessing |
| "Verify this is a true copy of my diploma" | Copy certification |
On the Exam
- Five acts only: acknowledgment, jurat, oath/affirmation, signature witnessing, copy certification.
- Apostille is NOT a notarial act — it is government authentication of your seal by the Lieutenant Governor.
- Notary does not choose the act for the signer (unless an attorney) — read the certificate wording.
- $10 / $25 fee caps; refusal is mandatory for absent or unidentifiable signers and prohibited as discrimination.
Which of the following is NOT an authorized notarial act under Utah Code 46-1-6?
For a traditional (non-remote) notarization, what does "personal appearance" require?