Terms Used In Utah Code > Title 46 > Chapter 1 - Notaries Public Reform Act

• Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. See Utah Code 46-1-2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• affirmation: means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. See Utah Code 46-1-2
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Before me: means that an individual appears in the presence of the notary. See Utah Code 46-1-2
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means :
       (3)(a) to empower to perform notarial acts; or
       (3)(b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. See Utah Code 46-1-2
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Copy certification: means 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. See Utah Code 46-1-2
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Environmental Quality. See Utah Code 19-1-103
• Director: means the director of the Division of Waste Management and Radiation Control. See Utah Code 19-3-102
• Division: means the Division of Waste Management and Radiation Control, created in Subsection 19-1-105(1)(d). See Utah Code 19-3-102
• Electronic notarization: means :
       (5)(a) a remote notarization; or
       (5)(b) a notarization:

            (5)(b)(i) in an electronic format;

            (5)(b)(ii) of a document that may be recorded electronically under Subsection Utah Code 46-1-2
• Electronic recording: means the audio and video recording, described in Subsection Utah Code 46-1-2
• Electronic seal: means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection Utah Code 46-1-2
• Electronic signature: means the same as that term is defined in Section 46-4-102. See Utah Code 46-1-2
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103
• Final judgment: means a final ruling or judgment, including any supporting opinion, that determines the rights of the parties and concerning which all appellate remedies have been exhausted or the time for appeal has expired. See Utah Code 19-3-303
• Generator: means a person who:
       (7)(a) possesses any material or component:

            (7)(a)(i) that contains radioactivity or is radioactively contaminated; and

            (7)(a)(ii) for which the person foresees no further use; and
       (7)(b) transfers the material or component to:

            (7)(b)(i) a commercial radioactive waste treatment or disposal facility; or

            (7)(b)(ii) a broker. See Utah Code 19-3-102
• Goods: means any materials or supplies, whether raw, processed, or manufactured. See Utah Code 19-3-303
• Grantor: The person who establishes a trust and places property into it.
• Gross value of the contract: means the totality of the consideration received for any goods, services, or municipal-type services delivered or rendered in the state without any deduction for expense paid or accrued with respect to it. See Utah Code 19-3-303
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• High-level nuclear waste: means spent reactor fuel assemblies, dismantled nuclear reactor components, and solid and liquid wastes from fuel reprocessing and defense-related wastes. See Utah Code 19-3-102
• In the presence of the notary: means that an individual:
       (9)(a) is physically present with the notary in close enough proximity to see and hear the notary; or
       (9)(b) communicates with a remote notary by means of an electronic device or process that:

            (9)(b)(i) allows the individual and remote notary to communicate with one another simultaneously by sight and sound; and

            (9)(b)(ii) complies with rules made under Section Utah Code 46-1-2
• Jurat: means a notarial act in which a notary certifies:
       (10)(a) the identity of a signer who:

            (10)(a)(i) is personally known to the notary; or

            (10)(a)(ii) provides the notary satisfactory evidence of the signer's identity;
       (10)(b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and
       (10)(c) that the signer voluntarily signs the document in the presence of the notary. See Utah Code 46-1-2
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Low-level radioactive waste: means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. See Utah Code 19-3-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Municipal-type services: includes , but is not limited to:
       (6)(a) fire protection service;
       (6)(b) waste and garbage collection and disposal;
       (6)(c) planning and zoning;
       (6)(d) street lighting;
       (6)(e) life support and paramedic services;
       (6)(f) water;
       (6)(g) sewer;
       (6)(h) electricity;
       (6)(i) natural gas or other fuel; or
       (6)(j) law enforcement. See Utah Code 19-3-303
• Notarial certificate: means the affidavit described in Section Utah Code 46-1-2
• notarization: means an act that a notary is authorized to perform under Section 46-1-6. See Utah Code 46-1-2
• Notary: includes a remote notary. See Utah Code 46-1-2
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. See Utah Code 68-3-12.5
• Official misconduct: means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act. See Utah Code 46-1-2
• Official seal: includes an electronic seal. See Utah Code 46-1-2
• Organization: means a corporation, limited liability company, partnership, limited liability partnership, joint venture, consortium, association, trust, or other entity formed to undertake an enterprise, whether or not for profit. See Utah Code 19-3-303
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personally known: means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. See Utah Code 46-1-2
• Placement: means transportation, transfer, storage, decay in storage, treatment, or disposal. See Utah Code 19-3-303
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Political subdivision: means any county, city, town, school district, public transit district, redevelopment agency, special improvement or taxing district, or other governmental subdivision or public corporation. See Utah Code 19-3-303
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Radiation: means ionizing and nonionizing radiation, including gamma rays, X-rays, alpha and beta particles, high speed electrons, and other nuclear particles. See Utah Code 19-3-102
• Radioactive: means any solid, liquid, or gas which emits radiation spontaneously from decay of unstable nuclei. See Utah Code 19-3-102
• Remote notarization: means a notarial act performed by a remote notary in accordance with this chapter for an individual who is not in the physical presence of the remote notary at the time the remote notary performs the notarial act. See Utah Code 46-1-2
• Remote notary: means a notary that holds an active remote notary certification under Section Utah Code 46-1-2
• Rule: means a rule made by the department under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 19-3-303
• Satisfactory evidence of identity: means :
            (20)(a)(i) for both an in-person and remote notarization, identification of an individual based on:

                 (20)(a)(i)(A) subject to Subsection (20)(b), valid personal identification with the individual's photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues;

                 (20)(a)(i)(B) subject to Subsection (20)(b), a valid passport that any nation issues; or

                 (20)(a)(i)(C) the oath or affirmation of a credible person who is personally known to the notary and who personally knows the individual; and
            (20)(a)(ii) for a remote notarization only, a third party's affirmation of an individual's identity in accordance with rules made under Section Utah Code 46-1-2
• services: means any work or governmental program which provides a benefit. See Utah Code 19-3-303
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Signature witnessing: means a notarial act in which an individual:
       (21)(a) appears in the presence of the notary and presents a document;
       (21)(b) provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and
       (21)(c) signs the document in the presence of the notary. See Utah Code 46-1-2
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Storage facility: means any facility which stores, holds, or otherwise provides for the emplacement of waste regardless of the intent to recover that waste for subsequent use, processing, or disposal. See Utah Code 19-3-303
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transfer facility: means any facility which transfers waste from and between transportation modes, vehicles, cars, or other units, and includes rail terminals and intermodal transfer points. See Utah Code 19-3-303
• Trustee: A person or institution holding and administering property in trust.
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• wastes: means high-level nuclear waste and greater than class C radioactive waste. See Utah Code 19-3-303
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5