(1) A notary may, for each notarial act the notary performs, and a remote notary shall, for each notarial act the remote notary performs remotely, record the following information in the journal described in Section 46-1-13 at the time of notarization:

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Terms Used In Utah Code 46-1-14

  • Electronic recording: means the audio and video recording, described in Subsection Utah Code 46-1-2
  • 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.
  • 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
  • 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
  • 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
  • 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
     (1)(a) the date and time of day of the notarial act;
     (1)(b) the type of notarial act;
     (1)(c) the type title, or a description of the document, electronic record, or proceeding that is the subject of the notarial act;
     (1)(d) the signature and printed name and address of each individual for whom a notarial act is performed;
     (1)(e) the evidence of identity of each individual for whom a notarial act is performed, in the form of:

          (1)(e)(i) a statement that the person is personally known to the notary;
          (1)(e)(ii) a description of the identification document and the identification document’s issuing agency, serial or identification number, and date of issuance or expiration;
          (1)(e)(iii) the signature and printed name and address of a credible witness swearing or affirming to the person’s identity; or
          (1)(e)(iv) if used for a remote notarization, a description of the dynamic knowledge-based authentication or biometric data analysis that was used to provide satisfactory evidence of identity under Subsection 46-1-2(20)(a)(ii); and
     (1)(f) the fee, if any, the notary charged for the notarial act.
(2) A notary may record in the journal a description of the circumstances under which the notary refused to perform or complete a notarial act.
(3)

     (3)(a) A remote notary shall include with the journal a copy of the electronic recording of the remote notarization.
     (3)(b) The electronic recording is not a public record and is not a part of the notary’s journal.
(4) A remote notary shall maintain, or ensure that a person that the notary designates as a custodian under Subsection 46-1-15(2)(b)(i) maintains, for a period of five years, the information described in Subsections (1) and (3) for each remote notarization the notary performs.

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