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UTAH Notary Exam QUESTIONS AND
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A notary public may NOT copy certify a
Publicly recorded document, such as a birth certificate
If a notary leaves employment what should the notary do with their seal?
Keep it. The commission remains in effect until expiration, cancellation, or resignation
A notary may refuse to perform a lawful notarization solely based on the documents content
False
The notary may only perform notarial acts in
The state of utah
Keeping a journal is
Optional
What is the definition of a "signature witnessing"?
a notarial act in which an individual: appears in person before a notary and presents a document: provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and signs the document in the presence of the notary
Which of the following is satisfactory evidence of identity
drivers license issued by the state of utah with a photograph, signature and physical description
A notary must file a bond in the amount of _____________ with the office of the lieutenant governor
5,
If a document lacks the proper certification language of the notarial act (jurat or acknowledgement), what must you do before proceeding to notarize for a signer?
Ask the signer to select which act (Jurat, signature Witnessing, or Acknowledgement), is most appropriate and then apply the language to the document.
UCA 46-1-9 prohibits a notary from executing a certificate which is materially incomplete. Which of the following could be an example of a materially incomplete certificate
The notary fails to add the names of the appearing signers in the acknowledgement
Which of the following best describes an acknowledgement?
A notarial act in which a notary certifies that a signer has admitted, in the notary's presence, to voluntarily signing a document
According to UCA 46-1-7, which of the following describes a disqualification?
The notary is a signer of or named in the document except in the case of a self-proved will
a copy of the notarial commission certificate
If Utah notary law changes during a notary's commission, whose responsibility is it to stay informed of these changes
All commissioned Utah notaries public
As a notary, if you cause damages to any person as a result of official misconduct in a notaryal act, you may be liable for ________? ( this is the most commonly missed question
Any Damages
John Doe is requesting his document be notarized using Jurat language. After establishing his identity, what is the next step before witnessing John Doe sign the document
Place John Doe under oath/affirmation by stating: " do you swear or affirm under penalty of perjury that the statements in your document are true.
Once commissioned as a notary, you must notify the Lt. Governor's office within 30 days of moving if your business and/or home address has changes.
true
In completing a notarial act, a notary shall sign on the notary certificate
exactly and only the name indicated on the notary's commission
an applicant who withes to reapply as a notary once their commission expires, shall take and pass the notary test and then submit to the office of the lieutenant governor their
new application, bond and oath of office
Is it proper for a notary to only stamp and sign a document without including notary language
no. never. please never do this. nope. just no
If a notary is presented with a document in a foreign language, and the notarial act does not appear to violate any law, what should the notary do
Notarize the document so long as the notary can communicate with the signer and the notarization is in a language the notary can understand.
In order to complete a signature witnessing, the notary must make sure these 3 elements are completed ( make sure you know the difference between a signature witnessing and a jurat)
- appears in person before a notary and presents a document; 2. provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and 3. signs the document in the presence of the notary.
If john Doe, the signer of a document, appears before a notary to have his signature notarized, which name should the notary place in the blank in the following acknowledgement? ... personally appeared ____________, who proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument...
John Doe
Which statement describes differences between the acknowledgement and jurat? (hint: if you are not sure, you may read the definitions now or refer to your study guide)
A jurat certifies a voluntary signature was made under oath or affirmation in the notary's presence, whereas Acknowledgement certifies a signer has admitted in the Notary's presence to voluntarily signing.
A bond policy rider (used to update information on the original bond) is obtained through
The surety company who holds the bond
Is it unlawful for a Utah notary to complete a notarization with someone over skype, facetime, etc.? Why or why not?
Yes, the physical presence of the signer is required. In order to complete a remote notarization, a notary must be approved as a remote notary and using an approved remote notary vendor.
A customer requests notary service, but the document is in another language unknown to the notary. The customer meets all legal requirements for notarization, communicates well in English, presents proper i.d., and pays the $5 fee. According to UCA 46-1-8 a notary is required to
Notarize
What are the next steps you must take after taking, passing and paying for this test to be commissioned as a Utah notary public? (Hint: Visit the "Process and Qualifications tab on notary.utah.gov)
Submit the mandatory background check. 2. Obtain a $5,000 notarial bond and get a notarized oath of office. 3. Upload all required documents to your notary account.
According to UCA 46-1-2(19), which of the following is considered valid identification?
All three of these are considered valid forms of identification. (Driver, passport, and other)
If it is very clear to a notary what type of notarial act is associated with a document, the notary can stamp and sign the document without including notarial language.
False, a notary can never stamp and sign a document without including the notarial language
A non-attorney notary who advertises notarial services in any language other than English shall include in the advertisement a notice that the notary public...
is not an attorney.
Keeping a journal is
Optional
Which of the following best describes a Jurat?
A notarial act in which a notary certifies that a signer made, in the notary's presence, a voluntary signature and took an oath or affirmation.
The notary may only perform notarial acts in
The State of Utah
Which of the following documents can a notary perform a copy certification on?
None of the above. A notary cannot perform a copy certification on a document that is publicly recorded or public record.
In order to complete a Signature Witnessing, the notary must make sure these 3 elements are completed (Hint: make sure you know the difference between a Signature Witnessing and a Jurat):
Appears in person before a notary and presents a document; 2. Provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and 3. Signs the document in the presence of the notary.
In completing a notarial act, a notary shall sign on the notarial certificate
An employer is away from the office. The employer calls by phone to ask the employee who is also a notary to notarize the documents on his desk. He claims he signed the documents earlier. The notary should
Refuse service and wait until they are in the physical presence of the employer to witness the signature and perform the notarization.
True or False: While electronic signatures can be notarized by a notary, personal appearance of the signer is always required at the same time the notarization takes place.
True
A notary may NOT perform a notarial act if:
All of the above are reasons a notary may not perform a notarial transaction.
If a notary is presented with a document in a foreign language, what should the notary do?
Notarize the document so long as the notary can communicate with the signer and the notarization is in a language the notary can understand.
True or False: Once commissioned as a notary, you must notify the Lt. Governor's office within 30 days of moving if your business and/or home address has changed.
True
True or False: A notary commissioned in the State of Utah may legally complete notarizations outside the state.
False
All notarizations must include a notarial certificate. Which of the following best describes a 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.
Which statement describes the differences between the Acknowledgment and Jurat?
A Jurat certifies a voluntary signature was made under oath or affirmation in the notary's presence, whereas Acknowledgment certifies a signer has admitted in the notary's presence to voluntarily signing.
Which of the following is an example of a materially COMPLETE certificate?
Acknowledgment with the proper language as indicated by UCA 46-1-6.5, date, signer's name, venue, and notary signature
What is the definition of a "signature witnessing"?
A notarial act in which an individual: appears in person before a notary and presents a document; provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and signs the document in the presence of the notary.
As a notary, if you cause damages to any person as a result of official misconduct in a notarial act, you may be liable for _____? (Hint: This is the most commonly missed question. Please review 46-1-18(1).)
Any Damages
If a notary is presented with a document in a foreign language, and the notarial act does not appear to violate any law, what should the notary do?
the part of the notarized document for completion by the notary and bearing the notary's signature and seal
The following must be included as part of the notarial seal
Notary's name, commission number and expiration date
Which of the following items is not listed in the law as recordable in a notary journal
Physical description of the individual.
What is the purpose of the 5,000 notary bond?
to protect the public
Which of the following is an example of a materially COMPLETE certificate?
Acknowledgment with the proper language as indicated by UCA 46-1-2, date, signer's name, venue, and notary signature
If a notary is presented with a document in a foreign language, and the notarial act does not appear to violate any law, what should the notary do?
notarize the document so long as the notary can communicate with the signer and the notarization is in a language the notary can understand.
Within 30 days of a change in the notary's name, the notary shall provide the Lieutenant Governor with the following
All of the above
Which of the following is NOT required for a notarization to be complete?
notary's date of birth
A notary public may NOT copy certify a
Publicly recorded document
While electronic signatures can be notarized by a notary, personal appearance of the signer is always required.
True
Which of the following is satisfactory evidence of identity?
drivers license issued by the State of Utah with a photograph, signature, and physical description
Which statement describes differences between the Acknowledgment and Jurat? (HINT: if you are not sure, you may read the definitions now or refer to your study guide)
Jurat certifies a voluntary signature was made in the notary's presence, whereas Acknowledgment certifies a signer has admitted in the notary's presence to voluntarily signing.
A notary may refuse documents solely for their content.
False
According to UCA 46-1-2(12), which of the following is considered valid identification?
state issued i.d. with a signature and photograph and physical description
Satisfactory evidence of identity may include a state-issued i.d. card with a photograph, signature, and
physical description
Notaries employed by a state office or agency lose the commission upon termination of employment. For all other notaries, what should the notary do with the seal upon termination of employment?
Keep it. The commission remains in effect until expiration, cancellation, or resignation.
When changing your name on your commission, you have up to 90 days to notify the Lieutenant Governor's office
False
The notary needs to resign when
the notary's has moved out of the State of Utah
UCA 46-1-9 prohibits a notary from executing a certificate which is materially incomplete. Which of the following could be an example of a materially incomplete certificate?
the notary fails to add the names of the appearing signers in the acknowledgment
Which is a requirement to become a notary in the State of Utah
You must lawfully reside in Utah for 30 days
A nonattorney notary who advertises notarial services in any language other than English shall include in the advertisement a notice that the notary public
is not an attorney
True
How old do you have to be to be a notary?
18
Do you have to be able to read, write, and understand English?
Yes
Top Ten Mistakes
(LCMFFAFRLE)
- Leaving out the notarial language
- Confusing the notarial acts
- Misinterpreting electronic signature/notarization
- Failing to require Personal Appearance
- Failing to name the appearing signer
- Adopting policies contrary to UCA 46-1-
- Failing to require proper I.D.
- Refusing documents solely for their content
- Leaving the notary seal and certificate with the employer upon termination of employment 10. Executing "materially incomplete" certificates
What are the top 10 mistakes notaries make?
- Leaving out notarial language
- Confusing the notarial acts
- Misinterpreting electronic signature
- Failing to require personal appearance
- Failing to name the signer
- Adopting policies contrary to UCA 46-1-
- Failing to require proper ID
- Refusing documents solely for their content
- Leaving the notary seal and certificate
- Executing 'material incomplete' certificate
What are the 5 notarial acts?
- Jurats
- Acknowledgments
- Signature witnessing
- Copy certifications
- Oaths or affirmations
Acknowledgment
A notarial act in which a notary certifies that a signer had voluntarily signed a document for the documents stated purpose
Jurat
A notarial act in which a notary certifies that a signer, whose identity is personally known, in the notary's presence a voluntary signature vouching for the truthfulness of the signed document
Signature Witnessing
A notarial act in which an individual: appears in person before a notary and presents a document; provides the notary satisfactory evidence of the individuals identification or personally known to the notary
