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2017 Utah Code
Title 46 - Notarization and Authentication of Documents and Electronic Signatures
Chapter 1 - Notaries Public Reform Act
Section 3 - Qualifications -- Application for notarial commission required -- Term.
Universal Citation: UT Code § 46-1-3 (2017)
Effective 5/9/2017
46-1-3. Qualifications -- Application for notarial commission required -- Term.
Amended by Chapter 259, 2017 General Session
46-1-3. Qualifications -- Application for notarial commission required -- Term.
- (1) Except as provided in Subsection (3), the lieutenant governor shall commission as a notary any qualified person who submits an application in accordance with this chapter.
- (2) To qualify for a notarial commission an individual shall:
- (a) be at least 18 years old;
- (b) lawfully reside in the state for at least 30 days immediately before the individual applies for a notarial commission;
- (c) be able to read, write, and understand English;
- (d) submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes:
- (i) the individual's:
- (A) name as it will appear on the commission;
- (B) residential address;
- (C) business address;
- (D) daytime telephone number; and
- (E) date of birth;
- (ii) an affirmation that the individual meets the requirements of this section;
- (iii) an indication of any criminal convictions the individual has received, including a plea of admission or no contest;
- (iv) all issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission or other professional license involving the applicant in this or any other state;
- (v) an indication that the individual has passed the examination described in Subsection (5); and
- (vi) payment of an application fee that the lieutenant governor establishes in accordance with Section 63J-1-504; and
- (i) the individual's:
- (e)
- (i) be a United States citizen; or
- (ii) have permanent resident status under Section 245 of the Immigration and Nationality Act.
- (3) The lieutenant governor may deny an application based on:
- (a) the applicant's conviction for a crime involving dishonesty or moral turpitude;
- (b) any revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant by this or any other state;
- (c) the applicant's official misconduct while acting in the capacity of a notary; or
- (d) the applicant's failure to pass the examination described in Subsection (5).
- (4)
- (a) An individual whom the lieutenant governor commissions as a notary may perform notarial acts in any part of the state for a term of four years, unless the person resigns or the commission is revoked or suspended under Section 46-1-19.
- (b)
- (i) After an individual's commission expires, the individual may not perform a notarial act until the individual obtains a new commission.
- (ii) An individual whose commission expires and who wishes to obtain a new commission shall submit a new application, showing compliance with the requirements of this section.
- (5)
- (a) Each applicant for a notarial commission shall take an examination that the lieutenant governor approves and submit the examination to a testing center that the lieutenant governor designates for purposes of scoring the examination.
- (b) The testing center that the lieutenant governor designates shall issue a written acknowledgment to the applicant indicating whether the applicant passed or failed the examination.
- (6)
- (a) A notary shall maintain permanent residency in the state during the term of the notary's notarial commission.
- (b) A notary who does not maintain permanent residency under Subsection (6)(a) shall resign the notary's notarial commission in accordance with Section 46-1-21.
Amended by Chapter 259, 2017 General Session
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