Utah Code 46-1-3. Qualifications — Application for notarial commission required — Term
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(1) Except as provided in Subsection (4), and subject to Section 46-1-3.5, the lieutenant governor shall commission as a notary any qualified individual who submits an application in accordance with this chapter.
Terms Used In Utah Code 46-1-3
- 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
- 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
- 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
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- 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
- 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.
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) To qualify for a notarial commission an individual shall:(2)(a) be at least 18 years old;(2)(b) lawfully reside in the state or be employed in the state for at least 30 days immediately before the individual applies for a notarial commission;(2)(c) be able to read, write, and understand English;(2)(d) submit an application to the lieutenant governor containing no significant misstatement or omission of fact, that includes:(2)(d)(i) the individual’s:(2)(d)(i)(A) name as it will appear on the commission;(2)(d)(i)(B) residential address;(2)(d)(i)(C) business address;(2)(d)(i)(D) daytime telephone number; and(2)(d)(i)(E) date of birth;(2)(d)(ii) an affirmation that the individual meets the requirements of this section;(2)(d)(iii) an indication of any criminal convictions the individual has received, including a plea of admission or no contest;(2)(d)(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;(2)(d)(v) an indication that the individual has passed the examination described in Subsection (6); and(2)(d)(vi) payment of an application fee that the lieutenant governor establishes in accordance with Section 63J-1-504;(2)(e)(2)(e)(i) be a United States citizen; or(2)(e)(ii) have permanent resident status under Section 245 of the Immigration and Nationality Act; and(2)(f) submit to a background check described in Subsection (3).(3)(3)(a) The lieutenant governor shall:(3)(a)(i) request the Division of Human Resource Management to perform a criminal background check under Subsection 53-10-108(16) on each individual who submits an application under this section;(3)(a)(ii) require an individual who submits an application under this section to provide a signed waiver on a form provided by the lieutenant governor that complies with Subsection 53-10-108(4); and(3)(a)(iii) provide the Division of Human Resource Management the personal identifying information of each individual who submits an application under this section.(3)(b) The Division of Human Resource Management shall:(3)(b)(i) perform a criminal background check under Subsection 53-10-108(16) on each individual described in Subsection (3)(a)(i); and(3)(b)(ii) provide to the lieutenant governor all information that pertains to the individual described in Subsection (3)(a)(i) that the department identifies or receives as a result of the background check.(4) The lieutenant governor may deny an application based on:(4)(a) the applicant’s conviction for a crime involving dishonesty or moral turpitude;(4)(b) any revocation, suspension, or restriction of a notarial commission or professional license issued to the applicant by this or any other state;(4)(c) the applicant’s official misconduct while acting in the capacity of a notary; or(4)(d) the applicant’s failure to pass the examination described in Subsection (6).(5)(5)(a) An individual whom the lieutenant governor commissions as a notary:(5)(a)(i) may perform notarial acts in any part of the state for a term of four years, unless the individual resigns or the commission is revoked or suspended under Section 46-1-19; and(5)(a)(ii) except through a remote notarization performed in accordance with this chapter, may not perform a notarial act for another individual who is outside of the state.(5)(b)(5)(b)(i) After an individual’s commission expires, the individual may not perform a notarial act until the individual obtains a new commission.(5)(b)(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.(6)(6)(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.(6)(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.(7)(7)(a) A notary shall maintain permanent residency or employment in the state during the term of the notary’s notarial commission.(7)(b) A notary who does not maintain permanent residency or employment under Subsection (7)(a) shall resign the notary’s notarial commission in accordance with Section 46-1-21.